Islamic Banking Law Perspective in the Concept of National Law

The focus of this article is the perspective of Islamic Banking Law in the concept of national law, both from the institutional aspect, the aspect of business activities. As well as aspects of liquidity management and financial instruments used, both at the level of laws and implementing regulations; and influencing socio-political, cultural and economic factors. Islamic banking law is a new entity in which there is interaction and mutual greeting between Islamic law and national law. In other words, Islamic banking law lies in two areas of law: Islamic law and national law. Sharia banking law, as the name implies, is Islamic law because it is formed on the principles of Islamic law. At the same time, Islamic banking law is also part of national law because it is formed by the competent state institution with the infrastructure and mechanisms that are formally justified. The discussion focuses on the dynamics of the encounter between Islamic law and national law as the elements of its formation. Such efforts can not ignore the factors - factors that influence it, whether political, cultural or economic.


A. INTRODUCTION
Banking is one of the end of the financial institution's which have a role and strategic function in life and the economy of a country [1]. Banking institution is an intermediary between parties that have excess funds (surplus of f unds ) and those who lack and need funding ( lack of funds ). Since the beginning of its existence in Indonesia, banking practices have based its operations on the interest system. The banking practice which relies on the interest system is felt to be contrary to the religious beliefs of the Muslim community in Indonesia, who are in fact the majority. According to Islamic law, -which is one of the most important pillars of the entire Islamic system and building itself, the system of interest is almost identical to usury, which is unquestionably harsh [2]. Islamic Law on the term syariah not taboo anymore and the number of norms related to islamic banking even more and more and definitive [4].

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In the perspective of national law, Islamic banking law is a sectoral and functional law which in its study eliminates the distinction between public law and private law, so that its scope is very broad. The application of Islamic law in banking / finance or other economic activities in the modern world is not an easy job. The study of Islamic banking law is an interesting and at the same time challenging study conducted in the context of law in Indonesia, where the applicable law (positive law) is different from Islamic law. Indonesia is not an Islamic country and therefore the imposition of Islamic law into positive law in social life cannot be done automatically. In writing this article , the author wants to further examine the application of Islamic Banking Law in the concept of national law, so that the title of the article that the author submits is "ISLAMIC BANKING LAW PERSPECTIVE IN THE CONCEPT OF A NATIONAL LAW".

B. PROBLEM FORMULATION
As described above, the interest of researchers to study this issue in the form of research is based on two things, namely the absence of clear regulations regarding Islamic banking , and the application of Islamic banking in the concept of national law. So that in general the problems in this research plan are: "How is the Implementation of Islamic Banking Law in the Concept of National Law".

C. DISCUSSION
Definition of Islamic law. The term Islamic law here is interpreted as Islamic religious law which relates to rituals / actions which are taken from specific arguments [5]. Definition of National law. While national law here is defined as a legal system, who sub-systems covering at least the substance of the law, sub-system structure huku m and sub-systems of law culture [6] , -that make the country as a raison d'etre and control of any unit that is in them, a group ethnically and wil father geographically, with agencies -state institutions as the words, national law here is a legal system that applies in the territory of Indonesia, established or recognized by an authorized institution and implemented / enforced by predetermined officials. Definition of Islamic banking law. Islamic banking law is all legislation concerning the Islamic bank in all its aspects which include, among others, institutional, business activities [7] , as well as the methods and processes in carrying out the business. In sharia law are very int interaction ensif and creative between Islamic Law and national law, when harmoniously and conflict. This is because in its business activities Sharia banking seeks to apply Islamic religious law to the banking sector or even other modern commercial activities, which have previously been regulated by conventional national law.
Islamic Law and National Law in Historical Trajectory. So far, people have identified the legal system in the world based on its legal traditions into two, namely the civil law system and the common law system [8] . This categorization only looks at the modern legal system, in the sense that a legal system that originates and is based on European and Western traditions, thus ignoring and denying the existence of other legal systems. The modern legal system (legal system) or also known as a legal order is characterized by its general nature and autonomy in substantive, institutional, methodological and occupational aspects [9]. If the legal system is understood as a unit consisting of several elements, including legal principles, legal regulations, human resources, legal institutions, legal institutions, facilities and infrastructure and legal culture, each of which is mutually interconnected. One each other, it has historically been the world's legal systems consist of at least five major legal systems. The five legal systems are the Common Law system adopted in England and its former colonies, the Civil Law system which originated from Roman Law and is now adopted by countries in continental West Europe and its former colonies, Customary Law systems in Asian countries. and Africa, the Islamic legal system adhered to by Muslims wherever they are, whether in an Islamic country adhered to by Muslims Jurnal Gema Keadilan the one hand is one of the elements (material substance) forming a national law, but on the other hand he was a sparring partner for national law. In the first context Islamic law is subordinate to national law, while in the second context the position of Islamic law against national law is balanced and each is independent and has a different area of action. In the second context, Islamic law is universal, independent and identifiable as local and Indonesian law, although the influence of local situations and social conditions greatly affects its development and existence. The following will describe the dialectical relationship between Islamic law and national law in the formulation of Islamic banking law from time to time.
The description will be divided into four parts based on the periodization of the development of Islamic banking law, namely the initiation period, the formation period, the consolidation period, and the development period. The period of initiation refers to the period where ideas and initiatives will need and the importance of Islamic banking law. A nation that tends to arbitrate the tradition of At the part of the end, as the previous chapters have argued settings Islamic banking who was and is applicable in chronological order as ius constitutum, chapters have suggested a number of ideas or thoughts towards improved governance of Islamic banking as ius constituendum. Of course, this idea is limited to sharia banking arrangements related to institutional aspects, business activities, and management of liquidity and financial instruments.
Although this is not a political and policy choice at the moment, this ius constituendum is intended to bring Islamic banking arrangements closer to an objective condition that is acceptable to many parties . Or at least, approaching character of banking arrangements sharia as is stated in Sub section II B.

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The passing of the PbS Law which then has been, is being and will be followed by the issuance of its implementation regulations-in the perspective of Islamic law is part of the law enforcement process (tasyri') . By being passed as part of the product of legislation, Islamic law which was originally only binding on the basis of religious beliefs for Muslims became state law which binds not only on the basis of these religious beliefs but also positively for all citizens.

Conclusion
From the results of the research and discussion as stated, the following conclusions can be drawn. That Islamic law dialectics and national laws have been initiated since the colonial period and continues until now. This dialectic does not only involve Islamic law and State law, but also customary law. Until the 1980s decade internal dialectical law only concerned the areas of law which were the authority of religious courts, especially family law (aI-ahwal al-syakhshiyyah ).
Apart from that, the field of law, especially Islamic economics, did not get enough attention either by the Muslims themselves or by the colonial government.
Dialectics walk around the applicability of Islamic law in the areas referred to in the first as a theory receptio in complexu be like dikehend battery theory receptie . As a fatwa issuing institution of sharia DSN-mul required to maintain its independence in order fatwa issued correctly -absolutely neutral and objective. In this context , the DSN -MUI organizational structure needs a research and development organ , so that it is possible to discuss issues related to sharia fatwas more comprehensively and adequately.

Sharia Bank
Compliance with sharia principles is a special character that must be attached to every Islamic bank. In this context, Islamic banks need to make the DSN-MUI fatwa as a reference for the operation of their business activities and products [2] The prohibition of usury is certain because it has been stated explicitly in both the Koran and the Sunnah. However, whether the bank interest is usury, there are differences of opinion among the scholars. That is why the legal status of bank interest is still disputed among scholars. Some argue that it is absolutely haram, because it is identical to usury. Some are of the opinion that it is haram with restrictions, that is, if it is for consumptive purposes and not carried out by a government bank. There are also those who allow it. good for reasons not including riba which is forbidden. or for emergency reasons. Ahmad Azhar Basyir. Islamic Law on Riba, Debt-Receivables, Pawn, second printing (Bandung: PT. Alma'arif. 1983), p. 28-32; and Ahmad Azhar Basyir, Reflections on Islamic