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64 J.L. Pol'y & Globalization 1 (2017)
Akad Qardh and Accesoir in Sharia Banking Not Yet Based on Sharia Economic Principles Free of Riba (Usury)

handle is hein.journals/jawpglob64 and id is 2 raw text is: Journal of Law, Policy and Globalization www.niiskeO ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) I Vol.64, 2017 HISTE Akad Qardh and Accesoir in Sharia Banking Not Yet Based on Sharia Economic Principles Free of Riba (Usury) Maman Sudirman' Thohir Lut Rachmad Safa'at3 Moh. Fadli3 1. Doctorate of Law Candidate at Law Faculty of Brawijaya University, Malang,Indonesia 2. Professor of Law, Faculty of Law, Brawijaya University, Malang, Indonesia 3. Lecturer at Faculty of Law, Brawijaya University, Malang, Indonesia Abstract Qardh and Accesoir financing agreements in Islamic Banking in Indonesia are made and signed between the Bank and the Customer in connection with the provision of financing from the Bank to the Customer based on the provisions of: Law of the Republic of Indonesia Number 21 Year 2008 concerning Sharia Banking (Islamic Banking Act), The Fatwa of the National Sharia Council of the Indonesian Ulema Council (Fatwa DSN MUI), particularly Fatwa Number 19 / DSN-MUI / IV / 2001 On Al-Qardh, dated April 18, 2001 Supreme Court Regulation Number 02 Year 2008 on Compilation of Law Syari'ah Economics (KHES), Law No. 4 of 1996 on the Rights of Dependent, Cabinet No. 8 of 2012, is not fully in accordance to the principles of sharia as referred to in Al-Quran and Al-Hadith, because there are still provisions that regulate the interest / Penalty / administrative sanction / penalty / additional, so that there is an indication of the act of 'Usury' in the making and signing of the Agreement Qardh and the Accesoir. Keywords: Financing Agreement, Qardh, Accesoir, Riba (Usury), Sharia Principles. 1. Introduction The rabbani economy is the main characteristic and model of Islamic Economics, generally speaking, itis seen as the economics driver. The God character of Islamic economics is not on the aspect of economic actors, but on the aspects of rules or systems that must be followed by economic actors. It is based on the belief that all economic factors including the human actorsare basically possessed by Allah's andto HIM all matters are returned to (Qur'an Surah Al-Imran Verse 109). Through economic activity, human beings can eam as much as possible, but shall be within the boundaries of the following rules of the game. He is the one who gives space or limits the sustenance of those whom He wills (Quran Surah Al-Shura Verse 12 and Quran Surah Al-Rad Verse 26). Human action is driven by the desire to gain as much of the material as possible therefore the life competition is ruled by the natural selection. and the constitution Republic Indonesia 1945, ideally it should be the next form of the development of the past existing values, principles and formulation model of law norm, Sharia banking blooming is not balanced with availability of sufficient human resources, but shall be under the provisions of sharia. Shari'a means the divine law as stipulated in the Qur'an and Al-Hadith, for human everyday life. According to Abdullah Muhammad Khouj: The functions of Sharia, in general, sharia has three functions: 1). Treatment: to treat ill-mannered behavior, as well as existing spiritual, individual, social, economic and political problem, 2). Prevention: to prevent the individual from returning to ill-mannaered ways and becoming involved in mischief 3). Guidence: to help humans gain a full understanding of the purpose of their existence and the rules of their interpersonal relationships. These theree functions are clearly presented so that humans can both understand and live by them. Islamic finance has gained popularities in many countries. In the recent years, Islamic banking in Indonesia is growing rapidly. The Islamic scholars from time to time constantly discuss the issue of Islamic economics and advise all Muslims to return the discourse to iqtishaadiyyah ilmiyyah, ie talks about Islam merely based on Al- Quran and Al-Hadith on all matters relevant toaqidah, worshiping, mu'amalat, akhlaq and so on. Nowadays, in this modem world, business transactions had been expanded to different types or forms, such as Islamic banking, Islamic finance, Takaful, and many more. According to M. Umer Chapra: Islam provides an economic system that makes it absolutely imperative to use the God-given resources for fulfilling the essential needs of all human beings and providing them with decent living conditions. The Vatican advises Banks around the world to studyand apply Islamic finance principles in order regain the public trust amidst the currentglobal economic crisis. This shows that Islamic economis is not only accepted and adopted by Muslim countries, the shariah-compliant system is now being recognized by the Vatican. The Islamic finance which adopts the ethical ethical principles is able to bring the bank closer to their clients and the spiritual touchwill marks every financial service provided by the bank. Al-Qardh is a loan to customers given by the sharia financial institutions (muqtarid) for those who need it. Qardh which is the principal agreement of the Financing Agreement created and signed between the Bank and the Customer, which upon this agreement, there is an additional document or accesoir is issued. Riba is one of the things that is forbidden in the Islamic Shari'a. There are many principle arguments 1

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