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Journal : Jurnal IUS (Kajian Hukum dan Keadilan)

Implementation of Corporate Governance in Fraud Prevention in Islamic Banking Uus Ahmad Husaeni; Reksa Jayengsari
Jurnal IUS Kajian Hukum dan Keadilan Vol 8, No 3: December 2020 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v8i3.812

Abstract

The purpose of this article is to analyze the implementation of Bank Indonesia regulations on corporate governance for Islamic banking so as to avoid fraud. The research method in this article is a qualitative research method. The data sources of this article are primary data and secondary data. Primary data was obtained from field research on several Islamic banks, the Financial Services Authority (OJK), and the Corruption Eradication Commission of the Republic of Indonesia (KPK) who were respondents. The secondary data in the form of legislation regarding corporate governance and those related to sharia banking corporate governance, also data on research results from international journals, as well as other relevant literature. The results of the study show that the regulations issued by Bank Indonesia regarding corporate governance for Islamic banking are not in accordance with the provisions of positive law and Islamic law, and there are provisions that allow fraud. Because there is no philosophical basis, there are weaknesses in some juridical aspects, and contain sociological weaknesses.
Principle 5 C in The Practice of Peer to Peer Lending (P2P) Financial Technology in The Perspective of Business Ethics and Islamic Justice Hesti Dwi Astuti; Cucu Sholihah; Mualimin Mochammad Sahid; Abu Umar Faruq Ahmad; Yayan Sopyan; Uus Ahmad Husaeni
Jurnal IUS Kajian Hukum dan Keadilan Vol 10, No 2: August 2022 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v10i2.1019

Abstract

Non-bank financial service actors in the era of the COVID-19 pandemic made a breakthrough by creating fintech (Financial technology) through the development of Peer Peer Lending (P2P) or online loans. The purpose of this study is to analyze the implementation of 5C principles in the practice of peer-to-peer lending Fintech based on a review of Islamic business ethics. The method used in this research is a normative juridical approach with a descriptive research approach. The data that has been obtained will be arranged systematically for further qualitative analysis. This study concludes that principles and business ethics must be considered with the concept of “The Five C’s Principle of Credit Analysis” in either conventional or sharia systems. In the case of customers who choose a sharia online loan system, they must also pay attention to the ethical aspects of financial business in Islam, which is something that must be considered considering that in Islam, ethical issues are related to the determination of economic policies that will affect the halalness of service and the agreement of the parties.