PENERAPAN AKAD MUSYARAKAH PADA PRODUK PEMBIAYAAN MENURUT FATWA DSN NO : 08/DSN-MUI/IV/2000 (Studi di Koperasi GEMI Yogyakarta)

In its early establishment, Sharia Financial Institution (LKS), in this case
Baitul Mal Wa Tamwil (BMT), was expected to fulfil the need of the majority
Moslems to realize a banking transaction that complies with Islamic sharia.
Numerous system betterments related to sharia banking transaction has been
encouraged to uphold the idealism of Islamic economics transactions. One of its
betterments is the establishment of National Sharia Board (DSN) under the
government of Indonesian Ulema Council (MUI) as the organization with authority
to regulate and supervise every LKS in Indonesia through its DSN decrees (fatwa)
which have then become reference and guideline for LKS in running the business
activities.
This research aims to identify the implementation of musyarakah contract
on financing products at the central GEMI (Woman Cooperative Movement)
cooperation as referring to the DSN fatwa No: 08/DSNMUI/IV/2000 about
musyarakah. This research is field research conducted by compiling data right from
the research site. The data was compiled through interviews, observations, and
documentation. The nature of this research was descriptive-analysis done in ways
of elaborating and evaluating the implementation of musyarakah contract at the
central GEMI Cooperation. Whereas the methodology used in the research was
descriptive-qualitative approach.
The result of this research showed that the procedure of musyarakah finance
contract implemented at GEMI Cooperation is done through the process of
costumers application for musyarakah contract by completing certain requirements
set by the cooperation, and then a feasibility test is conducted by surveying the
customer’s location, and lastly decision making of whether the application is
approved or not. The implementation of musyarakah contract at GEMI Cooperation
is generally relevant to the fatwa issued by DSN-MUI that is fatwa No: 08/DSNMUI/IV/2000 about musyarakah. However, in terms of profit distribution, there
still a deviance from the regulation set by DSN-MUI. Supposedly, profit is ideally
distributed proportionally equal based on the overall profit (real profit from the
mutual efforts) and there should neither be a pre-defined nominal set for certain
partner. Nevertheless, GEMI Cooperation distribute its profit to the customers by
the percentage of 2% out of the basic capital profit.