The Covid-19 pandemic has a direct or indirect impact on MSME customers which causes them difficulty in fulfilling their obligations to Islamic banks which of course results in problematic financing. The resulting problematic financing has the potential to disrupt banking performance and financial system stability, which can affect economic growth. The formulation of the problem that will be examined in this study is about the policy of Islamic banks on problematic murabahah financing for MSME customers who are affected by Covid-19. The research approach used is a statute approach and a conceptual approach. The results of this study indicate that Islamic banks provide restructuring of murabahah financing to customers who have difficulty fulfilling their obligations to Islamic banks due to their business being affected by Covid-19. Policies are left entirely to Islamic banks and are highly dependent on the results of identification of Islamic banks on customer financial performance or an assessment of business prospects and the capacity to pay for MSME customers affected by COVID-19. Keywords: Restructuring; Murabahah Financing; UMKM Customers.Pandemi Covid-19 berdampak secara langsung atau tidak langsung terhadap nasabah UMKM yang mengakibatkan mereka kesulitan untuk memenuhi kewajibannya pada bank syariah yang tentunya berakibat timbul pembiayaan bermasalah. Pembiayaan bermasalah yang ditimbulkan berpotensi menggangu kinerja perbankan dan stabilitas sistem keuangan yang dapat mempengaruhi pertumbuhan ekonomi. Rumusan masalah yang akan dikaji dalam penelitian ini adalah tentang kebijakan bank Syariah terhadap pembiayaan murabahah bermasalah pada nasabah UMKM yang terdampak Covid-19. Adapun pendekatan penelitian yang digunakan adalah pendekatan perundang-undangan dan pendekatan konseptual. Hasil dari penelitian ini bahwa Bank syariah dalam memberikan restrukturisasi pembiayaan murabahah pada nasabah yang mengalami kesulitan untuk memenuhi kewajibannya terhadap bank Syariah akibat usahanya terdampak Covid-19. Kebijakan diserahkan sepenuhnya kepada bank syariah dan sangat tergantung pada hasil identifikasi bank syariah atas kinerja keuangan nasabah ataupun penilaian atas prospek usaha dan kapasitas membayar nasabah UMKM yang terdampak COVID-19. Kata Kunci: Restrukturisasi; Pembiayaan Murabahah; Nabasah UMKM.
The Financial Services Authority only regulates information technology-based money lending and borrowing services that have not yet regulated sharia-based information technology financing services (fintech Syariah). This is evidenced by the provision of loan interest rates in the Financial Services Authority Regulation. This is contrary to sharia principles. The existence of Fintech Syariah is only based on DSN-MUI Fatwa Number 117/DSN-MUI/II/2018 which expressly states that information technology-based financing services are permitted with conditions that must be by sharia principles so that they cannot promise usury, gharar, maysir, tadlis, and dharar. Contracts that frame the legal relationship between the organizer, the financing provider and the recipient of financing, among others, the contract of wakalah bil ujrah, mudharabah, musyarakah, ijarah, and murabahah
Cooperation through channeling between Sharia (Islamic) company and financial institutions can be done as long as it does not conflict with the principles of sharia. The purpose of this research is to analyze the risk mitigation of financing, especially in the cooperation between Islamic companies and financial institutions regarding the channeling financing. This research is normative study by statutory approach and a conceptual approach. Channeling financing should be done by fulfilling the principles of justice, balance, beneficence and universalism and not contain any gharar, maisir, usury, wrongdoing and haram objects. The contract that frames this collaboration is wakalah bil ujrah. Sharia companies as representatives of financial institutions that distribute sharia financing to customers receives compensation (ujrah) from managing the funds. Channeling financing, does not rule out the risk of mistakes (wanprestasi), therefore, if there is a mistake the one that took the risk is financial institution while Sharia Company does not take the risk. However, it is possible for Sharia Company to take the risks if Sharia Company does not mitigate the risk that should be carried out by the Sharia Company. It is concluded that, it is possible for Sharia Company to take the risks if Sharia Company does not mitigate the risk that should be carried out by Sharia Company in channeling Sharia financing to its customers.
Musyarakah is a cooperation contract between two or more parties for a particular business that each party provides a portion of the fund provided that the profit will be divided according to the agreement, while the loss will be borne in accordance with the respective portion of the fund. When a customer does not provide a profit sharing ratio, it is categorized as a broken promise. So the problem that will be analyzed is that the customer criteria are said to breach of contract to musyarakah financing. The approach used in this study is the legislative, conceptual and case approach. The criteria of breach of contract for musyarakah financing when the customer does not have good intentions in carrying out payment according to the agreed time period or the customer does not carry out payment of principal and profit sharing ratio while the business is still running so that there is still income earned by the customer. Then the customer is obliged to fulfill it in accordance with a contract that has been mutually agreed upon.Keywords: breach of contract, musyarakah, sharia bank
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