Juridicial Construction Of Non-Bank Islamic Housing Finance

Abstract

Islamic housing financing has been accommodated by conventional banks and Islamic banks, but increased understanding in the application of Islamic economics, there is an analysis of the incompatibility of the application of Islamic banking with sharia principles, including the involvement of the banking sector side and some transactions that are not in accordance with Islamic sharia principles. Therefore, the concept of non-bank sharia housing finance appears as a solution, but in practice some people think there are still many violations of the law because there are no regulations that governs it. To accommodate this non-bank Islamic housing financing, proper juridical construction is needed. The goal of the study is to construct a legal framework from the application of non-bank sharia housing finance so that it can be implemented in line with Islamic law and Indonesian positive law.

Methodology approach is normative juridical research focuses on the application of textual legal standards. The methodology employed, however, is a normative approach covering law in the form of examining legislation relevant to the legal structure of non-bank sharia housing finance. This research also outlines the events that occur as a result of the application of the law. Additionally, it is closely related to legal concepts that are related both to legal theory and practice, in this case, it must be in line with the PUPR Law No. 1 of 2011 and the Consumer Protection Law No. 8 of 1999, as well as POJK and DSN MUI fatwas. The data source used is secondary data, or data that has already been processed by the first person who gathered information from the research topic directly via library searches or from official papers. Among the tasks performed in legal research are interviews and literature reviews.

This research is limited to focusing on the legal basis that can be the basis for the implementation of non- bank sharia housing financing, namely in the form of legal construction that can be formed using existing laws or adding new rules if necessary. so that the implementation of non-bank sharia housing financing can be in accordance with existing sharia financing regulations and in accordance with positive laws in force in Indonesia

Finding the right regulations to accommodate the existence of non-bank Sharia housing financing so that it runs in accordance with Islamic law, in its implementation there is a correlation between the DSN. MUI fatwa and applicable laws and regulations so as to minimize violations of the law that occur as a result of the implementation of non-bank sharia housing financing transactions