UI - Tesis (Membership) :: Kembali

UI - Tesis (Membership) :: Kembali

Perlindungan hukum atas investasi keuangan syariah di Indonesia = Legal protection of islamic financial investment in Indonesia

Harry Kurniawan; Sitompul, Zulkarnain, supervisor; Yunus Husein, examiner; Tri Hayati, examiner ([Publisher not identified] , 2015)

 Abstrak

[ABSTRAK
Tesis ini membahas mengenai perlindungan hukum atas investasi keuangan syariah di
Indonesia. Penelitian ini bertujuan untuk menjawab isu hukum bagaimana investasi
keuangan syariah dalam perspektif hukum Islam (syariah) dan pengaturan
perlindungan hukum investasi keuangan syariah baik dari aspek kepastian hukum
maupun dari aspek hukum Islam (syariah). Penelitian ini adalah penelitian yuridis
normatif yang merupakan jenis penelitian yang lazim dilakukan dalam kegiatan
pengembangan ilmu hukum yang biasa disebut dengan dogmatik hukum. Hasil
penelitian ditemukan jawaban bahwa investasi keuangan syariah merupakan bagian
kegiatan jasa keuangan, di mana sejak terbitnya Undang-undang Nomor 21 Tahun
2011 tentang Otoritas Jasa Keuangan, seluruh kewenangan pengaturan dan
pengawasan kegiatan jasa keuangan dilakukan secara terintegrasi oleh Otoritas Jasa
Keuangan (OJK). Kesimpulannya, investasi keuangan syariah masuk ke dalam
hukum amaliyah bidang muamalah, dimana dalam bermuamalah harus memengang
prinsip-prinsip syariah, yakni, tidak mencari rezeki pada hal-hal yang haram, baik
dari segi zatnya maupun cara mendapatkannya; tidak menzalimi dan tidak dizalimi;
memperhatikan keadilan dalam distribusi kemakmuran; dalam bertransaksi harus
didasari atas ridha sama ridha; dan terbebas dari unsur riba, maysir, dan gharar. OJK
diberi kewenangan pengaturan dan pengawasan, penyidikan, dan perlindungan
konsumen dalam rangka menjamin kepastian hukum investasi keuangan syariah di
Indonesia. Pada aspek syariah, perlindungan hukum investasi keuangan syariah
dengan membuat peraturan oleh otoritas dengan didasari oleh fatwa yang dikeluarkan
oleh DSN-MUI dan pengawasan yang dilakukan oleh Dewan Pengawas Syariah
(DPS).

ABSTRACT
This thesis discusses the legal protection of Islamic financial investment in Indonesia.
It also aims to address the issue how the law of Islamic financial investment
protection in Indonesia is compatible to Islamic Law (Shariah) and regulation the
legal protection of Islamic financial investment both from the aspect of legal certainty
and the aspect of Islamic Law (Shariah). This study employs normative juridical
which is a type of research that is common in legal science development activities
commonly referred to as dogmatic law. The result of the study will be the answer of
Islamic financial investment it is part of financial service activity, since the Law
Number 21 year 2011 about Financial Service Authority (OJK), all the authority rules
and activity supervision will be held by integrity of Finacial Service Authority. The
research found that the Islamic Financial Investment will be in Amaliyah Law,
Muamalah section, where in muamalah have to adherence to Islamic law principles,
like, no find the forbidden things even the way how to get it; no persecute and be
persecuted; based on the the justice of prosperity distribution; basic of this transaction
is willingly each other; and relieved from riba, masyir, and gharar. The authority was
given to OJK in the frame work of arrangement and supervision, investigation, and
consumen protection in order to ensure legal centainty Islamic financial investment in
Indonesia. In the aspect of Shariah, the Islamic Financial Investment has rules that
made by the authority that based on fatwa that published by DSN-MUI and the
protection by DPS.;This thesis discusses the legal protection of Islamic financial investment in Indonesia.
It also aims to address the issue how the law of Islamic financial investment
protection in Indonesia is compatible to Islamic Law (Shariah) and regulation the
legal protection of Islamic financial investment both from the aspect of legal certainty
and the aspect of Islamic Law (Shariah). This study employs normative juridical
which is a type of research that is common in legal science development activities
commonly referred to as dogmatic law. The result of the study will be the answer of
Islamic financial investment it is part of financial service activity, since the Law
Number 21 year 2011 about Financial Service Authority (OJK), all the authority rules
and activity supervision will be held by integrity of Finacial Service Authority. The
research found that the Islamic Financial Investment will be in Amaliyah Law,
Muamalah section, where in muamalah have to adherence to Islamic law principles,
like, no find the forbidden things even the way how to get it; no persecute and be
persecuted; based on the the justice of prosperity distribution; basic of this transaction
is willingly each other; and relieved from riba, masyir, and gharar. The authority was
given to OJK in the frame work of arrangement and supervision, investigation, and
consumen protection in order to ensure legal centainty Islamic financial investment in
Indonesia. In the aspect of Shariah, the Islamic Financial Investment has rules that
made by the authority that based on fatwa that published by DSN-MUI and the
protection by DPS.;This thesis discusses the legal protection of Islamic financial investment in Indonesia.
It also aims to address the issue how the law of Islamic financial investment
protection in Indonesia is compatible to Islamic Law (Shariah) and regulation the
legal protection of Islamic financial investment both from the aspect of legal certainty
and the aspect of Islamic Law (Shariah). This study employs normative juridical
which is a type of research that is common in legal science development activities
commonly referred to as dogmatic law. The result of the study will be the answer of
Islamic financial investment it is part of financial service activity, since the Law
Number 21 year 2011 about Financial Service Authority (OJK), all the authority rules
and activity supervision will be held by integrity of Finacial Service Authority. The
research found that the Islamic Financial Investment will be in Amaliyah Law,
Muamalah section, where in muamalah have to adherence to Islamic law principles,
like, no find the forbidden things even the way how to get it; no persecute and be
persecuted; based on the the justice of prosperity distribution; basic of this transaction
is willingly each other; and relieved from riba, masyir, and gharar. The authority was
given to OJK in the frame work of arrangement and supervision, investigation, and
consumen protection in order to ensure legal centainty Islamic financial investment in
Indonesia. In the aspect of Shariah, the Islamic Financial Investment has rules that
made by the authority that based on fatwa that published by DSN-MUI and the
protection by DPS.;This thesis discusses the legal protection of Islamic financial investment in Indonesia.
It also aims to address the issue how the law of Islamic financial investment
protection in Indonesia is compatible to Islamic Law (Shariah) and regulation the
legal protection of Islamic financial investment both from the aspect of legal certainty
and the aspect of Islamic Law (Shariah). This study employs normative juridical
which is a type of research that is common in legal science development activities
commonly referred to as dogmatic law. The result of the study will be the answer of
Islamic financial investment it is part of financial service activity, since the Law
Number 21 year 2011 about Financial Service Authority (OJK), all the authority rules
and activity supervision will be held by integrity of Finacial Service Authority. The
research found that the Islamic Financial Investment will be in Amaliyah Law,
Muamalah section, where in muamalah have to adherence to Islamic law principles,
like, no find the forbidden things even the way how to get it; no persecute and be
persecuted; based on the the justice of prosperity distribution; basic of this transaction
is willingly each other; and relieved from riba, masyir, and gharar. The authority was
given to OJK in the frame work of arrangement and supervision, investigation, and
consumen protection in order to ensure legal centainty Islamic financial investment in
Indonesia. In the aspect of Shariah, the Islamic Financial Investment has rules that
made by the authority that based on fatwa that published by DSN-MUI and the
protection by DPS.;This thesis discusses the legal protection of Islamic financial investment in Indonesia.
It also aims to address the issue how the law of Islamic financial investment
protection in Indonesia is compatible to Islamic Law (Shariah) and regulation the
legal protection of Islamic financial investment both from the aspect of legal certainty
and the aspect of Islamic Law (Shariah). This study employs normative juridical
which is a type of research that is common in legal science development activities
commonly referred to as dogmatic law. The result of the study will be the answer of
Islamic financial investment it is part of financial service activity, since the Law
Number 21 year 2011 about Financial Service Authority (OJK), all the authority rules
and activity supervision will be held by integrity of Finacial Service Authority. The
research found that the Islamic Financial Investment will be in Amaliyah Law,
Muamalah section, where in muamalah have to adherence to Islamic law principles,
like, no find the forbidden things even the way how to get it; no persecute and be
persecuted; based on the the justice of prosperity distribution; basic of this transaction
is willingly each other; and relieved from riba, masyir, and gharar. The authority was
given to OJK in the frame work of arrangement and supervision, investigation, and
consumen protection in order to ensure legal centainty Islamic financial investment in
Indonesia. In the aspect of Shariah, the Islamic Financial Investment has rules that
made by the authority that based on fatwa that published by DSN-MUI and the
protection by DPS., This thesis discusses the legal protection of Islamic financial investment in Indonesia.
It also aims to address the issue how the law of Islamic financial investment
protection in Indonesia is compatible to Islamic Law (Shariah) and regulation the
legal protection of Islamic financial investment both from the aspect of legal certainty
and the aspect of Islamic Law (Shariah). This study employs normative juridical
which is a type of research that is common in legal science development activities
commonly referred to as dogmatic law. The result of the study will be the answer of
Islamic financial investment it is part of financial service activity, since the Law
Number 21 year 2011 about Financial Service Authority (OJK), all the authority rules
and activity supervision will be held by integrity of Finacial Service Authority. The
research found that the Islamic Financial Investment will be in Amaliyah Law,
Muamalah section, where in muamalah have to adherence to Islamic law principles,
like, no find the forbidden things even the way how to get it; no persecute and be
persecuted; based on the the justice of prosperity distribution; basic of this transaction
is willingly each other; and relieved from riba, masyir, and gharar. The authority was
given to OJK in the frame work of arrangement and supervision, investigation, and
consumen protection in order to ensure legal centainty Islamic financial investment in
Indonesia. In the aspect of Shariah, the Islamic Financial Investment has rules that
made by the authority that based on fatwa that published by DSN-MUI and the
protection by DPS.]

 File Digital: 1

Shelf
 T43111-Harry Kurniawan.pdf ::

Catatan : Menu Anggota

 Metadata

No. Panggil : T43111
Entri utama-Nama orang :
Entri tambahan-Nama orang :
Entri tambahan-Nama badan :
Subjek :
Penerbitan : [Place of publication not identified]: [Publisher not identified], 2015
Program Studi :
Sumber Pengatalogan : LibUI ind rda
Tipe Konten : text
Tipe Media : unmediated ; computer
Tipe Carrier : volume ; online resource
Deskripsi Fisik : xi, 141 pages. illustration ; 30 cm.
Catatan Bibliografi : Pages. 136-141
Lembaga Pemilik : Universitas Indonesia
Lokasi : Perpustakaan UI, Lantai 3
  • Ketersediaan
  • Ulasan
No. Panggil No. Barkod Ketersediaan
T43111 15-18-195705001 TERSEDIA
Ulasan:
Tidak ada ulasan pada koleksi ini: 20403622