Sharia PBI / 2009 concerning Sharia Commercial Banks. And

Sharia Bank is a Bank which is run based on
Sharia. Shari’ah is sourced from the Qur’an and Hadith which is then
interpreted by scholars. The interpretation of these scholars is called fiqh.
Where there are two types of fiqh, which governs the vertical relationship
between man with a god called Fiqh Ibadah and Fiqh Muamalah is
the horizontal relationship between humans with creatures. In muamalah there is
an economy. In the economy there is a financial system. Sharia banks are part
of the Shariah Economic and Financial system.1

The developing of sharia banking in Indonesia
has become a benchmark for the success of sharia economic existence. The
monetary crisis that occurred in 1998 has drowned out conventional banks and
many have been liquidated due to the failure of the interest system. While
banks that implement the system of sharia can remain standing and able to
survive. This can be proved by the success of Bank Muamalat Indonesia (BMI) through
the crisis that occurred in 1998 by showing an increasing performance and did
not receive at all assistance from the government and even able to earn a
profit of Rp. 300 billion more. Not only that, at the time of the global
financial crisis in 2008, sharia banks again proved its resilience from the
crisis. Islamic banks remain stable and provide benefits, convenience and
security to their shareholders, holders of securities, borrowers and
depositors.2

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Along with the enactment of dual banking
system by Law Number 10 Year 1998 on Banking has contributed greatly in
accelerating growth of sharia banking. As a follow up of the provisions set for
sharia banking, the government also issued Bank Indonesia Regulation No.11 / 3
/ PBI / 2009 concerning Sharia Commercial Banks. And Bank Indonesia Regulation
No.11 / 10 / PBI / 2009 concerning Sharia Business Unit. And Bank Indonesia
Regulation No.11 / 15 / PBI / 2009 dated 29 April 2009 concerning Changes in
Conventional Business Operations to Sharia Banks.

In
addition, the issuance of MUI Fatwa on November 16, 2003 which explains that
bank interest is usury and unlawful status has given great hope for the
development of sharia banking. The quality of sharia financing shows an
improved performance that is marked by the growing share of profit sharing
financing, namely mudharabah and musyarakah. By the end of the first quarter of
2013, sharia financing reached more than 16 trillion. In addition, the Law
No.21 Year 2008 on Sharia Banking is a fresh breeze for the sharia banking
industry. Since the enactment of these laws the network of Islamic banking
office is growing very rapidly. Data from Bank Indonesia shows that the total
sharia bank office that originally 597 offices in 2015 has reached 822 offices
in 2016.

1   Ahmad Ifham, 2015, Ini Lho Bank Syariah, PT Gramedia Pustaka Utama, 2015, Hal. 1

2   Statistik Perbankan Syariah, BI:2011

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