Abstract
<p align="center"><strong>ABSTRACT</strong></p><p> This study seeks to study the problems of incompatibility entities which exist in Indonesia.It is not compatible to the existing Islamic financial institutions in Indonesia because of differing philosophies. The problem studied is the barriers faced by Islamic banks regarding the necessity of Islamic banks incorporated limited liability company and the relevance of the legal entity Bait at-tamwil (BT) based syirkah for Islamic banks. Research methods used is an empirical law. It consists of research the legal identification and research on the effectiveness of the law.The type of data are primary data and secondary data.The collection methods with interviews, focus group discussions and literature.Techniques of data analysis in this research use the model interLawive analysis. The results showed that legal entity of the Limited Liability Company for Islamic banks are not suitable to meet the demands as stipulated in Islamic law. The Lawivities of Islamic banks are to meet the demands of sharia standards.Legal entity must be based on Islamic principles.It is not based on the principles of western culture where come from seculer perspective, limited liability company, individual, liberal and capital. Therefore the concept of a legal entity Bait at-Tamwil is very relevant to be legal entities Islamic banks which Islamic banks are really syar'i.</p><p><em>Keywords: legal entities, bait at-tamwil, Islamic banks</em></p>
Highlights
Human Rights, and State Human Rights and democracy are a concept of humanity and social relationship which are born from the history of human civilization in the whole world
Human Rights and democracy can be meant as a result of human struggle to maintain and reach the human standing, because until now only the concept of Human Rights and democracy proven to be the most confessing and guarantying for the human standing
Humans are created by God with a set of rights guarantying its degree as a human being. This rights is referred as the Human Rights, which is the rights obtained since its birth as a human being and it symbolizes the grant from The Creator
Summary
The accomplishment of economic, social and cultural rights considers as the positive rights which needs an active role from the state with high expense. The state’s productive function is one of the state’s most important obligation aspect related to the economic, social and cultural rights, and this is similar with the state’s role in protection of the civil and political rights.
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