Principles Of Banking Research Articles

Welfare State dalam Urgensi Land Banking di Indonesia

The high demand for housing has caused land prices to soar. This of course makes it difficult to build affordable housing for Low-Income Communities in urban areas. As a result, they will try to find a place to live as much as they can, such as by the river or railroad. Of course this is another problem in urban areas. Problems that can arise are flooding, environmental pollution, and the emergence of slum settlements. The alternative in solving this problem is the availability of land at an affordable price or with the Land Banking Principles to achieve community welfare. Based on the above background, the formulation of the problem can be described, namely how the Legal Characteristics of Land Banking and the application of Land Banking in Indonesia based on the Welfare State perspective. While the purpose of this research is of course to find and analyze the legal characteristics of Land Banking and to analyze and find the application of Land Banking in Indonesia from the perspective of Welfare State. This research is a normative juridical research or literature law research by examining existing literature, both primary and secondary legal materials, using a statutory and conceptual approach to later categorization and analysis.Land bank is a land policy where there is state authority either from the government itself or from an independent institution that has the authority to acquire, manage, regulate and distribute abandoned land for public purposes according to government programs. The concept of Land Banking, which is a land policy where there is state authority either from the government itself or from an independent institution that has the authority to acquire, manage, regulate and distribute abandoned land for public purposes according to government programs. This concept can be said to be a concept as an attempt by the government to fulfill its obligations in order to achieve the welfare of society by making a policy. The government made a Land Banking policy because land is an important element for the community as a place to live. Meanwhile, the residence itself can be said to be the primary need of the community. So that if the primary needs are achieved, the welfare of the community will also be achieved. Of course, in this case the organizer of the Land Banking concept is expected to be the government itself, so that later this concept will not be shifted from the original goal, namely for the welfare of the community. In addition, it is hoped that the policy can be made in written form so as to guarantee legal certainty.Keywords: Welfare State, Land Banking, Society

Green Business

Global warming, climate change, reduction of natural resources, damage to biodiversity all increase poverty and unemployment, amongst other things. Environmental and social problems result from an unconscious lifestyle, excessive production and consumption activities. The starting point of sustainability originates from these environmental problems that have been increasing. Sustainable development means meeting the needs of today without endangering future generations and harming natural resources and attaches importance to environmental and social development as well as economic development. For businesses to survive, they need to consider all dimensions of sustainability. Banking is one sector that has come to the forefront in recent years regarding sustainable management. Although the banking sector does not directly affect the environment, it does have indirect effects. This study aims to examine the extent to which the six banks that signed the Responsible Banking Principles from Turkey pay attention to the dimensions of sustainability in their risk management activities announced on their websites. Although there are studies on sustainable banking or risk management in the literature, there is conceptual confusion when the analysis methods are examined. In this study, the author tries to clarify this issue. Results show that the six banks that signed the Responsible Banking Principles paid attention to the sustainability of the environmental and social aspects in their risk management activities

The role of knowledge diffusion in evolving governance principles for Islamic banking

PurposeThis study aims to describe the role of knowledge diffusion in evolving governance principles for Islamic banking.Design/methodology/approachThis study develops a discursive theoretical debate using the discourse analysis method on the Sharīʿah principles related to interest (Riba), excessive uncertainty (Gharrar) and profit and loss sharing and their convergence with the conventional banking principles of profitability, solvency and liquidity.FindingsThe study proposes a novel framework that describes how knowledge diffusion bridge-up the Sharīʿah and banking principles in terms of integration of banking principles by Sharīʿah scholars, integration of Sharīʿah principles by managers and the resultant, emergent principles for the governance of Islamic banking.Practical implicationsThe proposed framework can inform professionals on how knowledge of banking practices and Sharīʿah can help them in governing Islamic banking. The Board of Directors may adopt a holistic approach for encouraging enhanced interactions between Sharīʿah scholars and managers. Such interaction may be increasing harmony, reducing conflicts and better coordination resulting in Sharīʿah-compliant and market wise viable products and services, thus increasing banking profitability.Originality/valueThis is the first study, which acknowledges and illustrates the role of the knowledge diffusion process in evolving governance principles for Islamic banks. This paper contributes to the theory of corporate governance by using the knowledge, aptitude and practice theory lens to examine conceptually how Islamic banking governance principles emerged through the knowledge diffusion process.

Evaluación de la administración de la infraestructura de riego por parte de Asociaciones de Usuarios de Módulos de Riego: El caso de Culiacán 010, módulos I-3 y IV-3, 2011-2017

A partir de la descentralización administrativa de la infraestructura hidroagrícola, tanto en México como en otros países,se establecieron asociaciones de usuarios de riego. El objetivo de esta investigación fue evaluar la eficacia administrativa de dos Asociaciones de Usuarios de Productores Agrícolas (AUPA) en el periodo 2011-2017 a través de indicadores financieros y contrastándola con los principios de adecuación del Banco Mundial y la normatividad nacional vigente. Aunque el módulo IV-3 es más eficaz que el I-3, ambos módulos observaron faltas a la normativa nacional. Por su parte, la Comisión Nacional del Agua (Conagua) no ejecutó sanciones. Esto indica la presencia de arreglos informales o clientelares, arriesgando la sostenibilidad de los módulos, mismos que tampoco cumplen con los principios del Banco Mundial. Este trabajo proporciona evidencia sobre la administración de las AUPA que hasta ahora no se han evaluado a nivel nacional.

Implementasi Buy Back Guarantee Dalam Perjanjian Kerjasama Antara Bank Dengan Supplier Terkait Penyaluran Pembiayaan Mesin (Studi Pada PT. BPRS XXX Bekasi)

The buy back guarantee agreement in the cooperation agreement aims to protect the bank frombusiness risks in the distribution of machine ownership financing. Buy back guarantee is defined asthe ability of the supplier as a guarantor against the bank, to "buy back" the machine object afterthe debtor is declared in default to the bank. Based on the description, the writer tries to examine theimplementation of the buy back guarantee agreement related to the distribution of machine financing,and legal remedies for the bank applying the contents of the buy back guarantee if there is default onthe debtor. The research method used in this research is normative juridical with analytical descriptivespecifications.The research was carried out through literature study, then looked at the relationshipbetween one law and another and carried out an analysis related to the application of its practice.After getting a description of the research results, the writer analyzes and draws conclusions fromthe research results obtained. Primary data collection is also carried out to support secondary data,which is obtained by documentation and bank interviews related to the machine ownership agreement.The results of the study concluded that the implementation of the buy back guarantee was carriedout in several stages, namely the stage of the debtor's statement of default, the negotiation stage,and the stage of the agreement, the application of the buy back guarantee. Apart from that, the buyback guarantee that applies to PT. BPRS XXX Bekasi, there are two types of definitions: "buy backguarantee" and "help resell" by the supplier. Legal action has never been taken by the bank whenthere is default from the debtor. The bank is more concerned about the good ethics of the supplier tobuy / help sell the machine goods. The suggestions that the writer can give include, banks must applyprudential banking principles more selectively, suppliers do not only pursue sales targets but payattention to the side of the bank so that cooperation remains well established. n addition, research isneeded regarding the perspectives of the bank, supplier and debtor in addressing the problems thatexist in buy back guarantee in more depth and breadth.

Islamic Banking, A Potential Banking System for India

Islamic banking is one of the fastest developing banking systems in the financial sector, with vast opportunities worldwide. Islamic banking operates by focussing on complete transparency, ethical investment avenues, co-operative businesses, risk sharing that attract not only the followers of Islam but people from other faiths also. Considering the growth Internationally–Islamic banking has become one of the fastest-growing segments in the International markets as well as Capital markets. With around 195 million Muslims approximately, India’s Muslim population is about the world’s third-largest and the world’s largest Muslim-minority population. India is home to 10.3% of the world’s Muslim population. Islamic banking system operates strictly by the Shariah laws which prohibit collection or payment of Interest, known as “Riba”. The Islamic banking system also prohibits investments in businesses or ventures that are considered Unlawful or Haraam. Risk bearing is one of the most basic principles based on which the Islamic banking system works, which relates to trading rather than risk transfer as in the case of conventional banking. The research papers aim at explaining the services of Islamic banking and various principles of Islamic banking. The research also intends to put forward the benefits and drawbacks of Islamic banking in the Indian context.

"Green into Gold": The Sustainable Development of Commercial Banks from the Perspective of the Equator Principles

The Equator Principle is the goal of promoting the harmonious development of my country's economy and society. It promotes the green transformation and upgrading of the industrial structure by strictly controlling the flow of commercial bank funds, so as to achieve the goal of environmental protection and the coordinated development of the national economy. This paper uses factor analysis to reduce the dimensions of 10 financial indicators and non-financial indicators that measure the operating performance and development potential of joint-stock commercial banks, and then compares the comprehensive operating performance, liquidity, and safety of Industrial Bank and comparable banks. And the level of profitability, analyze the difference in comprehensive operating performance of joint-stock commercial banks joining the Equator Principles compared with commercial banks that have not joined the Equator Principles. The results of the study found that joining the Equator Principles of joint-stock commercial banks can improve comprehensive operating performance in the short term. In the long run, the development trend of Industrial Bank will be similar to that of comparable banks in the same category. Joining the Equator Principles of Industrial Bank can improve its liquidity and profitability, but it will not in the long run. Conducive to the improvement of the asset quality of joint-stock commercial banks. In this regard, the government, enterprises and financial institutions should work together to help commercial banks achieve an effective balance between operating performance and social responsibility, so as to achieve the goals of "carbon peak" and "carbon neutral".

The Financialization of Slavery by the First and Second Banks of the United States

The Financialization of Slavery by the First and Second Banks of the United States Sharon Ann Murphy (bio) On October 5, 1818, Baltimore residents Philemon C. Wederstrandt, Henry Didier Jr. (in trust for Rebecca Smith), and Henry Thompson entered into a seven-year partnership to purchase the Magnolia Grove plantation from Samuel B. Davis. Sugar prices were on the rise, and this fully operational plantation in St. Bernard Parish, Louisiana, would enable the Baltimoreans to get in on the lucrative emerging market. Included in the purchase price of $140,000 (about $3 million in 2020) were the land, buildings, improvements, stock, crop, utensils, and forty-three enslaved workers. Paying $30,000 (about $627,000) down in cash, the partners promised to remit to Davis the remainder in five equal installments of $22,000 (about $460,000) on each first of May from 1819 to 1823. Davis would retain a mortgage on the property until these payments were completed.1 The year after the agreement was signed, Rebecca Smith's husband, [End Page 385] Dennis A. Smith—one of the directors of the Second Bank of the United States—successfully applied for a loan of $24,000 (about $500,000) with the local Baltimore branch, offering his wife's one-third interest in Magnolia Grove as collateral. Although the property was still under mortgage to Davis, Smith argued that the plantation had already increased in value to $180,000 (about $3.8 million) due to the addition of forty more enslaved laborers and the expected success of the sugar crop. Smith intended to use this loan as the down payment for the purchase of another Louisiana sugar plantation.2 In agreeing to this mortgage, the Second Bank—through its Baltimore branch—both defied prevailing banking principles and violated its federal charter in order to openly embrace the financialization of slavery. Unfortunately for all involved, 1819 was an inauspicious year to be borrowing money in anticipation of future agricultural profits. The Panic of 1819 resulted in a global economic contraction that sent prices for land, enslaved labor, and goods plummeting by as much as 50–75 percent off their post–War of 1812 peak values. Reaching a top price of 22 cents per pound in 1814–1815, sugar had already declined to 15–16 cents per pound in 1817–1819, before dropping sharply to 11–12 cents per pound by the early 1820s. Prices never recovered, bottoming out at under 6 cents per pound by 1831.3 Dennis Smith reported to the Baltimore branch in March 1820 that "the unexampled reduction in the value" of sugar was putting the Magnolia Grove plantation in danger of foreclosure, and that he would need an additional loan of $5,000 (about $113,000) to meet his wife's portion of the mortgage payment due to Davis.4 When the branch balked at this further investment, Mrs. Smith's Magnolia Grove partners pleaded with the Bank on her husband's behalf. Thompson warned that the "decision was probably made without knowing how important this loan would be towards your [the Bank's] security," while Wederstrandt informed them that Davis—who possessed the first mortgage on the property—"has arriv'd with the express design of seizing upon the estate & slaves if payment is not [End Page 386] punctually made."5 The Bank relented, extending to Dennis Smith another $5,000 loan secured by his wife's portion of the plantation and enslaved laborers and further endorsed by his brother John K. Smith.6 Yet Dennis Smith was not only overextended in Louisiana; he was also implicated in an embezzlement scandal that engulfed the Baltimore branch bank's cashier, James W. M'Culloh.7 By April 1822, with Smith embroiled in lawsuits and still unable to pay his Bank loans, the Baltimore branch took ownership of Mrs. Smith's one-third portion of the estate.8 That same fall of 1822, Helen Wederstrandt wrote to the New Orleans branch cashier, pleading that the Bank assist her husband, Philemon, who ran Magnolia Grove on behalf of the partners. In addition to his continued difficulties in meeting his portion of the mortgage payments to Davis...

THE LEGAL FRAMEWORK FOR ISLAMIC BANKING AND THE QUEST FOR FINANCIAL INCLUSION IN NIGERIA

The banking sector is the backbone of every economy. It determines not only the pace of growth of modern economic systems, but also the prosperity of nations. But its reliance on interest, liberal prudential guidelines and its very capitalist foundation make it incompatible with Islamic law – the faith practiced predominantly in some regions of Nigeria. Securing loans for investments comes with cut-throat conditions, riddled with cases of fraudulent and unfair practices. As a way around this, scholars began to think of how to expurgate those elements considered incompatible with the Shariah. Since the enactment of the Banks and Other Financial Institution’s Decree in 1991, which vaguely introduced the profit loss sharing principle of banking, nothing tangible was done to give effect to the provisions until 2011 when the Non-Interest Financial (NIFI) Services Guidelines was issued by the CBN. As a result of this development Jaiz Bank PLC was granted a license as a regional full-fledged Islamic bank, which metamorphosed into a national bank. This, however, was not without resistance as manifested in a suit against the CBN for issuing the guidelines. The paper, thus, attempts an analysis of the legal framework and how it can push up financial inclusion in Nigeria, adopting the doctrinal methodology approach to examine legislation, case-law and existing literature. It highlights some of the approaches of the Central Bank of Nigeria (CBN) and efforts to make the legal and institutional framework favourable for Islamic banking to thrive so that the substantial Muslim population can be brought into the formal financial stream to access funds for investments without upsetting the fundamental teachings of Islam. It further argues that that there is a strong correlation between the inadequacy of legal support for Islamic banking and high rate of financial exclusion particularly in the Muslim-dominated communities. Similarly, it reveals that there is not a shred of rational basis for the opposition to Islamic banking in Nigeria as it does not seek to foster any sinister agenda of “Islamising” the polity. As Nigeria is trying to push for more financial inclusion, Islamic banking can help improve existing credit delivery mechanisms for effective outreach to the teeming excluded population of Muslims. It, therefore, strongly recommends that a comprehensive legislation be enacted by the National Assembly (NASS) of Nigeria to support the prospects of this novel and popular banking model and also help promote and protect investments in the area. This will shove off financial inclusion in many ways.

Controlling Dualism in Sharia Cooperative and Spirit of Institutional Progressivity

Act no 1 of 2013 on micro-finance institution makes controlling dualism for a micro-finance institution, cooperative, including sharia cooperative. In that act, every micro-finance institution that operating its business must choose between a cooperative or limited liability company (PT) as a legal entity. According to the act on cooperative and act on the micro-finance institution, Sharia cooperative can be supervised by Finance Service Authority (OJK) or cooperative and micro-medium enterprise service. This dualism makes differences in how to determine controlling institutions for sharia cooperative. One of the contributing factors is the differences in controlling regulation between act on cooperative and act on the micro-finance institution. The result of this research shows that there are differences in controlling between act on cooperative and act on the micro-finance institution. The way of controlling, according to act on cooperative emphasizes principles to give autonomy, independency, and leniency to a cooperative. Whereas, the controlling model which implemented by OJK emphasize on prudential banking principles.

SEJARAH PEMBANGUNAN HUKUM PERBANKAN SYARIAH DI INDONESIA

In this article the author traces the historic development of Islamic or sharia banking in Indonesia and this will be done by analysing the evolution of a series of successive laws promulgated over time. From these laws (Law Nos. 7/1992; 10/1998 and 21/2008) we can discern, how over the years, the Indonesian government gradually accept and recognized sharia banking principles, resulting in the establishment of Sharia Banks alongside conventional Banks. These successive laws also shows the gradual process of policy changes which involves a top-down, bottom up and again a top down approach. Through this process, Sharia Banks develops in Indonesia and has been able to meet society’s need not only for a modern banking system, but also more importantly, providing banking services in line with the sharia.

SEJARAH PEMBANGUNAN HUKUM PERBANKAN SYARIAH DI INDONESIA

In this article the author traces the historic development of Islamic or sharia banking in Indonesia and this will be done by analysing the evolution of a series of successive laws promulgated over time. From these laws (Law Nos. 7/1992; 10/1998 and 21/2008) we can discern, how over the years, the Indonesian government gradually accept and recognized sharia banking principles, resulting in the establishment of Sharia Banks alongside conventional Banks. These successive laws also shows the gradual process of policy changes which involves a top-down, bottom up and again a top down approach. Through this process, Sharia Banks develops in Indonesia and has been able to meet society’s need not only for a modern banking system, but also more importantly, providing banking services in line with the sharia.

THE OPPORTUNITIES AND BENEFITS OF OPEN BANKING IMPLEMENTATION

The technological innovations help improve and develop online payments, including digital wallets, P2P payments, and e-commerce payments through existing e-banking infrastructure. Privacy issues prevent data owners to share them outside their institutions for fear of fraud and abuse. Open banking can help maximize customer benefits through data sharing and deeper collaboration between financial institutions. All companies providing payment services in the European Economic Area must comply with the PSD2 account access requirements. PD2 regulates that third-party PSPs have the right to access a payment account held with banks to provide account information services and / or payment initiation services. To do this, banks must provide a secure and open interface for third-party payment systems for account access, reporting and payment initiation. In light of the update of the European Commission's Payment Services Directive, which aims to improve competition and boost economic activity by facilitating and encouraging bank account holders to send their account data in a controlled and secure manner, there is a problem with customers' lack of awareness, benefits and security. Time of operations on the principles of open banking. This study is devoted to the study of the concept of Open Banking, its economic nature, prerequisites, opportunities and risks of implementation as a new way to use payment services, introduced by the directive. The research contributes to the development of open banking technology and solves the problem raised in the work - the trust of customers in it, which determines the success of its implementation and development of such a business model.

How Does Risk-based Deposit Insurance Premium Affect Bank Risk Taking? Islamic Bank vis a vis Conventional Bank

Central banks across the world implemented deposit insurance system as a major risk management practice in the post Global Financial Crisis (2007/2008) period. This study provides insights on the efficacy of deposit insurance policy in the Malaysian market where Islamic and conventional banking co-exist. Given that Islamic banking principles inherently limitsbank risk taking ability, the study findings clearly identify the pertinent role of risk-based deposit insurance premium on mitigating potential increase bank risk in the post-financial crisis period. Using Malaysian banks data for the period 2002-2010, this study findsthat Islamic banks have lower risk appetite than conventional banks. Most importantly, after the introduction of deposit insurance system, insolvency and operational risk increasemainly for conventional banks owing to inadequate premium. This calls for policymakers to carefully consider design features for an effective risk-based DI system that is risk-premium sensitive to ensure financial stability. Other policy implications include that the risk-based deposit insurance premium would prevent regulatory arbitrage,while Shariahcomplianceprinciples preventthe Islamic banks from adjusting their risk after the introduction of a deposit insurance system. Worth mentioning is the institution of an early warning mechanism policy as well as formal cooperation in information sharing protocols among policy makers, regulators and deposit insurance organisations to minimiseoperational risk in banks.

Perlindungan Hukum Penyewa terhadap Objek Hak Tanggungan yang Dibebani Hak Sewa

As a business entity collecting money from the public and channeling it back to the public, the bank principle stipulates that collateral is required to provide credit to customers. The legal problem related to the bank studied in this study is that the object leased by the debtor to a third party is not with the knowledge of the creditor, whose final object is the executable mortgage. This study examines the legal protection for tenants related to executed mortgage objects and what the procedures for implementing the leased mortgage object are. This research was conducted using a normative legal research design with a legislation study approach. The legislative approach is realized by examining the problems (legal problems) that are being faced. The research results reveal that the legal protection for tenants related to the leased mortgage object can be seen from the regulation of Article 1576 BW, which stipulates that tenants can retain their rights on the grounds that the seller is not permitted to cancel the lease, but shall only defend their rights and the lessee with compensation for the end of the lease relationship. Legal protection demands that the lessee in relation to the lease appears because the lessee has neglected its performance as referred to in Article 1550 BW. The procedure for executing an object of mortgage bearing lease rights begins with filing an application and ends with execution. Requests for execution are made by submitting an application directly to the Head of the District Court by attaching a photocopy of court decisions (District Court decisions and / or Supreme Court decisions) which have permanent legal force. The party having the right to request execution is the party declared superior in the content of the court decision, either personally or through the lawyer, accompanied by a special power of attorney.

TANGGUNG JAWAB HUKUM BAGI AGEN BANK DALAM MENYEDIAKAN LAYANAN ONLINE PERBANKAN MELALUI SISTEM PAYMENT POINT ONLINE BANK (PPOB)

The services provided by banks to the public are an online payment point system by using the Definition of payment points and the benefits are a means of payment from the public aimed at the benefit of certain parties usually is the current account of a company whose payments are made through a bank. There is a case in online banking service agents owned by a bank, one of them is Bank BTPN services that use agents to provide services to customers such as opening accounts and paying electricity. There is a problem when an agent in carrying out his duties as an agent gives power to other people in its implementation so that in terms of the principle of knowing customers as explained in the banking principles, where the Payment Point Online Bank (PPOB) system is a system that is run online without passing through face to face.Keywords :Legal Review, Bank Agents, Online Banking Services

Principles of bone and tissue banking in Saudi Arabia: 10-year experience report.

The role of bone and tissue banking is well known to meet the ever-growing need of bone and soft tissue allografts. Strict guidelines have been established to ensure high standard and minimize complications related to bone transplantation. The Bone Bank in King Faisal Specialist Hospital and Research Centre (KFSH&RC), affiliated with the Saudi Council of Organ Transplantation, was inaugurated in 2010, and it has since been an integral part of the KFSH&RC organ retrieval team. The bank has a very strict regulations which were described. Between January 2010 and January 2020, there were 143 multi-organ donors (mean age: 36years, range: 24-55years). The total number of allografts used was 2191 which were utilized in 1047 patients. In this paper, we present our 10-year experience of administrative structure, donor and recipient testing protocols, allograft retrieval, processing procedures, and the internal audit safety arrangements. The utilization of allografts in various pathologies such as revision joint replacement, spine surgery, and tumor surgery is discussed with our results over a 10-year period.

Pertanggungjawaban Bank Dalam Perkara Tindak Pidana Pencucian Uang yang Tidak Menjalankan Prinsip Kehati-Hatian

Tindak Pidana Pencucian Uang yang dikenal dengan istilah money laundering merupakan proses dimana aset-aset pelaku terutama asset tunai yang diperoleh dari suatu tindak pidana dimanipulasikan sedemikian rupa sehingga aset tersebut seolah-olah berasal dari sumber yang sah. Bank sebagai lembaga penyedia jasa keuangan menjadi incaran dan sarana untuk melakukan tindak kejahatan termasuk tindak pidana pencucian uang. Adanya prinsip kehati-hatian bank salah satunya bertujuan untuk mencegah bank menjadi media tindak pidana pencucian uang, turunan dari prinsip kehati-hatian bank adalah prinsip mengenal nasabah yang telah berkembang menjadi prinsip customer due dilligence (CDD) dan enhanced due dilligence (EDD) wajib diterapkan oleh bank, kegiatan berupa identifikasi calon nasabah dan memantau karakteristik transaksi setiap nasabah, serta melaporkan apabila ada transaksi mencurigakan sesuai dengan peraturan perundang-undangan. tindakan bank yang tidak menjalankan prinsip tersebut akan dikenakan hukuman sebagaimana yang diatur dalam peraturan perundang-undangan mengenai prinsip mengenal nasabah. Maka seharusnya bank bertanggungjawab ketika tidak melaksanakan prinsip kehati-hatian bank berkaitan dengan upaya pencegahan tindak pidana pencucian uang.

The Conflicts of Law in Islamic Banking Based on The Contracts Act 1950 and Evidence Act 1950: Malaysian Position

In order to maintain and uphold the institution of Islamic banking for future generations, it is vital to resolve potential conflicts that are faced by the Islamic banking sector. Malaysia is currently facing legislative conflicts between Islamic law and civil law, even after more than 30 years since the establishment of Islamic banking. Several court cases have proven that there are many conflicting issues in the Malaysian Islamic banking sector, which have posed a challenge to the Islamic financial system in Malaysia. This article aims to construct a harmonized legal framework between Islamic law and civil law in regulating the industry of Islamic banking, particularly through the enforcement of the Contracts Act 1950 and the Evidence Act 1950. The type of research carried out for the purpose of this paper is doctrinal legal research. The data sources were gathered and analysed using content analysis and critical analysis methods. The results showed that there are some statutory provisions in the abovementioned statutes which are not compatible with the principles of Islamic banking. As such, several recommendations have been suggested in order to harmonize the legal conflicts as they occur in the statutory provisions. Lastly, the outcomes of this research are expected to assist the harmonization process of legislation together with the intention of facilitating the development of the Islamic banking industry in Malaysia.

Analisis persepsi dosen terhadap perbankan syariah (Studi kasus dosen tamu Prodi Perbankan Syariah Fakultas Ekonomi dan Bisnis Islam UIN SU)

Perception is the process of one’s interpretation of the environment, in this case the perception of Islamic banking. The purpose of this study was to determine how the perception of guest lecturers of Islamc Banking Study of Economic and Islamic Business UIN SU towards Islamic Banking. The method used is a qualitative method. The data uses are questionnaire and interview data. The results of study present data that 73,33% agree with the principles of Islamic banking. That is they have a good perception of the principles of Islamic banking, namely; Islamic banks are banks based on monotheism, guided by the Qur'an and hadith. Islamic Banks are banks that are free from usury, maysir and gharar. Sharia Banking in its business activities is based on sharia principles, economic democracy and prudential principles. 43% stated neutral on islamic bank operation. It means that the informants were still hesitant about the operations of islamic banks, because according to them islamic banks were still unable to operate in accordance with islamic principles, did not provide a large profit share to their customers, their products were difficult to access and the amount of administrative costs. 44% of informants agreed with the objectives of islamic banking. That is, informan have a good perception ofthe objectives of islamic banks, namely for the benefit. Islamic banks prioritize justice and togetherness for all their customers, islamic banks also contribute to reducing poverty through financing products. If seen from the aspect of general perception regarding the existance of islamic banks, islamic bank services, convenience and security in transactions, it can be concluded that 70% of informants have a good perception of islamic banks. The decicion of the informant in choosing an islamic bank, amounting to 70%.