FSH, UIN News Online – Sharia and Law Faculty (FSH) UIN Jakarta holds a Technical Guidance (Bimtek) activity on Legal Studies with the theme of “Analisis Legal Pembiayaan Syariah: Studi Kasus Pada Bank Syariah Mandiri” on Wednesday, (11/07/2018) at FSH theatre room, campus I of UIN Jakarta.
Present in the event, Dean of FSH UIN Jakarta Dr Asep Saepudin Jahar, Professor of FSH UIN Jakarta Prof. Dr. Gani Abdullah, SH and Legal Group Head Bank Syariah Mandiri Irfan Lesmana.
Asep in his remarks said that this event is expected to broaden the knowledge on Sharia Financing to all participants, “With the implementation of this event, it is expected that the knowledge of academic community of FSH UIN Jakarta on legal field, especially in the field of Islamic Financing can be increased,” he said.
Meanwhile, Irfan Lesmana in his presentation said that fatwa of the national sharia council (DSN MUI) should not be used in litigation, it is given that the fatwa position is not included in the Hierarchy of Legislation. However, this becomes complicated if we remember that some products in Islamic banks are only regulated in the MUI DSN fatwa, such as emoney.
“In completing a case, the judge may not reject the law and classify whether there is an arbitration clause in the case and whether the standing fatwa is included in the rule,” he said
Furthermore, he also added that Institutional fatwa positions are not included in the hierarchy, so it is good for Bank Indonesia to make a regulation that contains fatwas.
“The judge will see the contents of the fatwa, this is due to the fatwa for sharia banking law has been mentioned in the nomenclature. The Judge will certainly consider his authority whether the case falls within his authority or not,” he added.
At the same place, Deputy Dean for Academic Affairs of FSH UIN Jakarta Dr. Euis Amalia responded that the current expectation and actual return is a separate dilemma in Islamic finance in Indonesia.
“The large number of legal loopholes in the principle of time-consuming financing has a massive impact, so there needs to be regulatory reform from Bank Indonesia as the banking supervisor in Indonesia,” she said. (usa-rs)