Zeitschrift für rechtliche, ethische und regulatorische Fragen

1544-0044

Abstrakt

Regulation of Conversion of Conventional Banks to Islamic Banks and Legal Issues

Muhaimin

 The purpose of this study is to analyze the regulation of conversion of conventional banks to Islamic banks according to positive law. The method used in this research is normative legal research, using primary, secondary and tertiary legal materials that are sourced from statutory regulations, Fatwa DSN MUI, government policies, research results, books and other documents about Islamic banking and banking. The collection of legal materials is done through the study of documents and literature, then a descriptive analysis is carried out through the method of legal interpretation to get a deductive conclusion. The results of this study indicate that First, the regulation of conversion of Conventional Banks to Islamic Banks is regulated in Law No. 10/1998 concerning Amendments to Law No. 7/1992 concerning Banking, Law No. 21/2008 concerning Islamic Banking, POJK No. 64/POJK.03/2016 concerning Changes in Business Activities of Conventional Banks to Islamic Banks. Second, legal issues in the conversion of Conventional Banks to Islamic Banks include; there is no Government Regulation that specifically regulates the conversion of conventional banks to Islamic banks, the conversion of conventional banks (owned) by local governments does not have a clear legal basis, problems in obtaining permission to change from the OJK and changes in the legal status of conventional banks to Islamic banks.

 

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