Volume 4, Number 4, April 2023 e-ISSN: 2797-6068 and p-ISSN: 2777-0915
THE EFFECT OF BRAND DIGITALIZATION OF E-MAS TRANSACTIONS: E-MAS
FEATURES ON THE MOBILE BSI MAQASHID SYARIAH FRAMEWORK
Arfarizan, Asyari Hasan
Universitas Islam Negeri
(UIN) Syarif Hidayatullah Jakarta, Indonesia
Email:
[email protected],
[email protected]
KEYWORDS brand
awareness; brand image; trust; repurchase interest |
ABSTRACT This study aims to examine
how gold transactions implementation through the e-mas feature on BSI mobile
at Bank Syariah Indonesia and find out whether gold transactions through the
e-mas feature are in accordance with the concept of sharia maqashid. This research uses qualitative analysis methods
that explain gold transactions implementation through the e-mas feature on
BSI mobile at Bank Syariah Indonesia and the suitability of gold transactions
contained in the e-Mas feature with the concept of sharia maqashid (Dharuriyyah,
Hajiyat and Tahsiniyat). The
division of dharuriyyah is
categorized into 5 basics, such as 1) Protecting religion, 2) Protecting
souls, 3) Protecting offspring, 4) Protecting reason and 5) Protecting
property. Data collection techniques are literature studies, documentation
studies, discussions and intuitive subjective. The results show digital
innovation "e-mas BSI Mobile" is in under the concept of sharia maqashid and can help the
public to conduct gold transactions at Bank Syariah Indonesia (BSI) and
support halal needs based on sharia maqashid. |
INTRODUCTION
The economy in the financial sector is influenced by the
number of people in a region or country. In Indonesia, there are two divisions
of community groups, namely urban and rural areas so that it affects the level
of financial literacy and inclusion in Indonesia (Satria, Anita, Krismadayanti, &
Noviarita, 2021).
In 2019 the Financial Services Authority carried out data collection related to
the level of Indonesian financial literacy and inclusion (Keuangan, 2017).
Where the level of financial literacy is 38.03% and the level of inclusion is
76.19%, while the level of Islamic finance literacy is only 8.93% and inclusion
is only around 9.1% (www.ojk.go.id). The data proves that the literacy rate and
the level of Islamic financial inclusion are still low, therefore there needs
to be a special approach so that the public knows about Islamic financial
products and services. One approach that can be taken by companies and
practitioners of Islamic finance is to utilize digital technology as a means to
increase public access to Islamic financial products and services (Nurfalah & Rusydiana, 2019).
The industrial revolution in the world has developed in
such a way until today. Industrial Terminalology 4.0 was initiated by Klaus
Schawab, founder of the executive World Economic Forum. This revolution is
marked by the existence of smart robots, driverless vehicles, big data systems
and so on (Rustam, 2020). In research by (Nurfalah & Rusydiana, 2019),
the urgency of banking in the 4.0 revolution is banking services that can be
accessed in real time through various technologies. Currently, the industries
that are developing the 4.0 revolution are e-commerce companies, Financial
Technology (fintech) start-ups, be it peer to peer lending or crowd funding.
Based on OJK data, fintech companies in Indonesia are divided into several
sectors, namely: 1) financial planning, 2) Crowd funding, 3) Lending, 4)
Aggregators, 5) Payments, and 6) other fintech. The more openness of public
information and the ease of public access to the internet, the opportunity to
develop innovative digital-based Islamic financial products and services will
be very potential.
According to the Data Reportal report, the number of
internet users in Indonesia in 2022, to be precise last January, reached 204.7
million people. Indonesia's internet penetration rate reached 73.7% of the
total population at the beginning of 2022, smartphone users reached 167 million
people or 89% of the total population of Indonesia (Kemenkominfo, 2021). This
is supported by research by Anam and Anggraini (2020: 130) who said that
today's society is very familiar with operating Android-based mobile phones,
both for communication and accessing banking financial information. Meanwhile, (Arfarizan & Hasan, 2022)
states that for banking, digitalization is an option but is a form of necessity
in managing financial institutions. This is because customers want flexibility,
speed, convenience, convenience and the availability of 7 x 24 hour services.
Therefore, several banks in Indonesia must promote or follow the trend of
digital transactions.
(Komulainen & Saraniemi, 2019) in their research said that the banking industry is
currently undergoing rapid and widespread changes, so it is important for a
bank to understand customers with access to banking products simply by using an
Android-based application, because thus it can create long-term relationships
that are sustainable. win-win solution. The purpose of information technology
is as a means of providing multi-channel and can also save bank transaction
costs, customers are freer, easier, faster and safer to transact 24 hours
wherever the customer is (Wiratama & Rahmawati, 2013). According to (Tam & Oliveira, 2017)
the most positive and significant driver of customer intention to use mobile
banking is the perceived ease of use and benefits felt by customers. Meanwhile,
according to (Hannachi & Benhamed, 2017)
in his research, he argues that the dimensions of quality, price and perceived
value of mobile banking applications are the main indicators that become
customers' turst. The most significant factor influencing the intention to use
mobile banking is perceived usefulness, followed by perceived credibility and
costs. This is supported by research by (Rajaobelina, Brun, Prom Tep, &
Arcand, 2018) who
argues that trust has a significant and positive impact on customer commitment
or satisfaction.
(Ukpabi & Karjaluoto, 2017) in his research said that perceived behavioral control
(PBC) and attitude (ATT) on the intention to adopt mobile banking had a
positive effect. Significant differences between men and women were found to influence
the subjective norm (SN) on adoption intentions. The influence of subjective
norm (SN) on banking adoption is stronger for women than men. The effect of PBC
on m-banking adoption intention was found to be significantly stronger for men
than women. Meanwhile, according to (Mullan, Bradley, & Loane, 2017)
the obstacles in using mobile banking for banks are the low level of customer
interest and the lack of return on investment (ROI). This is supported by the
research of Tran, HTT and Corner, J, 2016 which argues that face-to-face
communication with banks is the most reliable source of information
persuasively by customers.
Bank Syariah Indonesia (BSI) uses a technology-based
service strategy to make it easier for customers to make transactions. One of
the strategies used is to continue to improve services, make improvements, and
make new breakthroughs in digital services. In addition, there are various
features ranging from inter-independent transfers, online transfers between
banks, bill payments to e-Money top ups that can be done only by using a
cellphone that has an NFC feature, as well as by presenting e-banking features
consisting of: four main services, namely ATM, SMS banking, Mobile Banking and
Net Banking. This strategy is carried out to strengthen BSI's positioning in
the banking industry, especially in service quality (Fitriani, Samsuri, Rachmadiarti, Raharjo,
& Mantlana, 2022).
Bank Syariah Indonesia (BSI) through its BSI mobile
service launched one of the newest features called “e-mas”. The E-mas feature
is a gold bar ownership service menu that makes it easy for customers to make
purchases, sellers, mortgages and send gold to fellow BSI customers digitally.
With a fairly affordable price of IDR 50,000, customers already have gold bars
weighing 0.05 grams. Doing gold storage digitally will reduce the risk of loss
or theft. Management of services by a trusted institution will provide a sense
of comfort and security to customers who want to invest in gold. This feature
is a new breakthrough in order to facilitate people who wish to invest (Asthama, Gurendrawati, & Perdana,
2021).
Before opening a BSI gold savings account, customers will be asked to read and
sign an agreement regarding the applicable provisions at BSI regarding E-Mas
transactions, where there is an explanation of the risks of saving gold at BSI,
namely gold in the e-gold feature is not guaranteed by the Deposit Insurance
Corporation (Lembaga Penjamin Simpanan). LPS), there is a risk of delaying the
gold purchase transaction if the gold stock at the Bank runs out or is no
longer available, there is a risk of reducing the value of gold because it
follows the market price, and as long as the customer has not paid the gold
pawn on the e-gold feature, the customer cannot close the gold account at BSI
(Kompas.com, 9 October 2021).
The Islamic financial system combined with technology
must comply with the standardization of existing contracts in Islamic finance
because the concept of Islamic finance is different from conventional finance,
in the concept of Islamic financial transactions containing mayyir, gharar,
tadlis, ikhtikar and usury. In addition, in its implementation, every
transaction carried out must refer to the main goal of sharia, namely maqashid
sharia. So every innovation in Islamic financial products and services must
consider these two things (Nurfalah and Rusydiana, 2019: 58).
This is in line with Febriadi's research (2017:231) which says Maqashid
Syari'ah is the main support in every operational and product development in
Islamic banks. Ismail (2014) concludes that the maqashid sharia is divided into
three, namely dharuriyat, hajiyat, and tahsiniyat. Maslaha dharuriyat there are
five things that are most important to be guarded or protected, namely
protecting religion (al-Din), protecting life (al-Nafs), protecting reason
(al-'Aql), protecting family (al-'Ird), and protecting property (alMal). ).
Maslahah hajiyat is to eliminate narrowness and difficulties in fulfilling
basic human needs, while masalhah tahsiniyat is everything that aims as a
complement or complement.
From this background, the more open public information
and the easier access to banking products by the public, so it is very
potential for a sharia bank to develop access to digital-based banking
products. This will make it easier for people who are remote or who have little
time in banking. Researchers are interested in examining the problem of gold
transactions through the e-gold feature at Bank Syariah Indonesia (BSI) so that
the purpose of this study is to find out how the implementation of gold
transactions through the e-gold feature on the mobile BSI at Bank Syariah
Indonesia and find out whether gold transactions through The e-mas
feature is in accordance with the maqashid sharia concept
RESEARCH METHOD
This
study uses a descriptive qualitative approach, namely a writing procedure that
produces descriptive data (a
description of an event or problem) in the form of written words from people
and behaviors that are not directly observed, or a single case study and in one
location only. The qualitative paradigm emphasizes understanding of problems in
social life based on conditions of reality or natural settings that are
holistic, complex and detailed (Indiarto and Bambang, 1999 in Nurfalah and
Rusydiana, 2019:63). The type of data used is
secondary data, secondary data is a source of data obtained by the author
indirectly through intermediary media (permitted and recorded from other
parties). Secondary data is generally in the form of evidence from historical
reports or records contained in archives that have been published or not
published (Echdar, 2017: 284).
Data collection techniques in this study
used, namely:
1.
Literature study, which is a research data collection technique by
conducting a review of books, literature, notes, and various reports related to
research.
2.
Documentation study, which is a series of activities to analyze
documents or archives accessed via the internet, books and journals related to
the problems studied (Mardalis, 1993:39).
3.
Discussion, data collection by conducting talks and exchanging ideas
with people who are competent with the object being studied in order to solve
certain problems.
4.
Intuitive-Subjective, is the involvement of the author's opinion on the
problem being discussed. (Ghofar, 1999 in Nurfalah and Rusydiana, 2019:64).
Data
analysis is the process of collecting or collecting, modeling and data
information with the aim of sorting and obtaining useful information, providing
suggestions, conclusions and supporting research decision making which is the
answer to the problems studied (Echdar, 2017:333). In this
study, maqashid sharia analysis is used to see the compatibility between
technological innovations in gold transactions through the BSI Mobile e-mas
feature with the level of current needs guidelines that are in accordance with
sharia. Maqashid sharia Maslahah
dharuriyyat, namely protecting religion (al-Din), protecting the soul (al-Nafs),
protecting offspring (al- Nasl),
protecting reason (al-'Aql) and
protecting property (al-Mal). Maslahah hajiyat to eliminate narrowness
and difficulties in meeting basic human needs. Maslahah tahsiniyat is
everything that aims as a complement or complement (Ismail, 2014).
RESULTS AND
DISCUSSION
Islamic financial institutions in
Indonesia have experienced significant development from 1991 to the present.
According to law number 21 of 2008, Islamic banks are everything related to
Islamic banks and sharia business units, which consist of institutions,
business activities, as well as ways and processes in carrying out their
business activities. Islamic banks are banking institutions that run their
business activities based on sharia principles which are divided into Sharia
Commercial Banks (BUS) and Sharia Business Units (UUS) and Sharia People's
Financing Banks (BPRS) (Ismail: 2013:33). The following is the
number of developments in Islamic banks in Indonesia from 2018-2021, namely:
Table
1
Number
of Sharia Bank Developments in 2018-2021
|
2018 |
2019 |
2020 |
2021 |
bus |
14 |
14 |
14 |
12 |
UUS |
20 |
20 |
20 |
21 |
BPRS |
167 |
164 |
163 |
165 |
Source: Financial Services Authority, 2021
Based
on the table above, in 2021 the number of BUS, UUS and BPRS in Indonesia will
be 12 banks, 21 business units, and 167 BPRS. This means that the number of
banks decreased from 2020 while the number of UUS and BPRS increased, namely 14
banks, 20 business units and 164 BPRS. Unlike in 2018, the development of
Islamic banks this year is relatively more than in the following year, namely
the number of BUS, UUS, and BPRS as many as 14 banks, 20 business units and 167
BPRS. Meanwhile, the number of BUS decreased in 2021 due to the merger or merger carried out by three
state-owned Islamic banks, namely PT BRI Syariah Tbk (BRIS) and PT BNI Syariah
Tbk and PT Bank Mandiri Syariah (BSM) to become PT Bank Syariah Indonesia Tbk (
BSI), but this merger is a breath of fresh air for sharia business units which
have increased from 20 business units to 21 in 2021.
BSI's assets as of December 2020 have reached
Rp. 239.56 trillion, this asset is a combination of the three Islamic banks, it
is hoped that this asset can be an accelerator
for the development of the Islamic economy in Indonesia. This very large
asset can strengthen the bargaining position of Islamic banks in supporting
financing and economic growth (Acmad Sani Alhusain: 2021:21).
Based on the assets of the Islamic bank merger, the table is as follows:
Table 2
Performance
of 3 BUMN Islamic Banks and BSI Merger Results (Rp Trillion)
|
BNI Syariah |
BRI Syariah |
Sharia
Mandiri |
Indonesian Islamic Bank |
|||
|
2019 |
2020 |
2019 |
2020 |
2019 |
2020 |
As of December 2020 |
Total Assets |
44.98 |
55.01 |
43.12 |
57.70 |
112.29 |
126.85 |
239.56 |
Financing |
43.77 |
47.97 |
34.12 |
49.34 |
99.81 |
112.58 |
209.98 |
Party Fund Third |
32.58 |
33.05 |
27.38 |
40.00 |
75.54 |
83.43 |
156.51 |
Profit |
0.6 |
0.5 |
0.074 |
0.25 |
1.28 |
1.43 |
2.19 |
Source: Exposure of PT Bank
Syariah Indonesia, Tbk. Indonesian Business, February 2, 2021
With
the total assets of the merger of these three
state-owned banks, it will attract the attention of BSI's market share to
participate in saving their funds at BSI or doing financing at BSI. By
attracting the attention of market share, BSI will introduce and promote
aspects of BSI as a whole. Because in practice the problems that are still
often faced by the Islamic finance sector include limited supply of Islamic
products, limited access to Islamic financial products, limited human
resources, the need for optimizing coordination with stakeholders, as well as
the need for financial services policies that are aligned and can support each
other. development of the entire Islamic finance sector. so that with the
presence of BSI the existing problems can be resolved one by one.
Bank
Syariah Indonesia (BSI) in all its transaction activities uses mobile banking, namely BSI Mobile with
various banking product features in it. This is a digitalization transformation
from a manual one that is slowly shifting to using technology. The use of BSI
Mobile is easily accessible by anyone and anywhere to obtain information. In
addition, the general public can easily share information about their social
accounts, making it easier to adapt information and knowledge about Islamic
banking and the economy to the public. This digitization makes it easy for the
wider community to access all information related to Bank Syariah Indonesia
products and services, without limitations on location and time. other sharia
financial products such as sharia insurance, sharia pawning, sharia mutual
funds and sharia shares as well as others. In addition, for social purposes,
the community can pay Zakat, Infaq, Shadaqah and Waqf in this BSI Mobile
application and there is a prayer schedule and check foreign currency exchange
rates. Because BSI Mobile is a convenient solution for customers in
transacting, praying and various features in one application, by accompanying
them for 24 hours and making everything more balanced financially, spiritually
and socially.
BSI Mobile E-Mas Features
Gold
ownership at this time can be accelerated into the form of digital services, in
this case Bank Syariah Indonesia on the BSI Mobile application. It has an
e-gold (electronic gold) feature that allows customers to deposit gold to be
managed by Bank Syariah Indonesia and can also be used easily and practically.
In the e-gold feature there are several transactions related to gold, namely:
a. Gold
account opening
In opening a gold account at Bank Syariah
Indonesia (BSI) through the BSI Mobile application, there are terms and
conditions for opening a new gold account, namely:
1)
At the beginning of the
new gold account opening, the Customer is directed to input the NPWP data.
However, this is optional, the goal is to calculate the amount of tax imposed
in gold buying and selling transactions.
2)
If the customer fills in
the TIN data on the new account opening form, the data will be verified by the
Bank and cannot be deleted/changed/deleted.
3)
At the time of account
opening, the Customer is required to make a gold purchase transaction as an
initial deposit of at least 0.1 gram (or according to the applicable
regulations at the Bank) and set a Savings Account as the account for the
payment of gold purchases, administration fees, and taxes. The Customer hereby
grants the right and power to the Bank to debit the account by auto-debit for
payment of gold purchases, administration fees, and taxes.
4)
The customer will be
charged an administration fee of Rp. 24,000,-/year and paid at the time of
account opening transaction.
5)
After the transaction of
opening an e-gold account, an account number will be issued for the newly
opened gold account.
6)
If the Customer closes
the gold account with provisions for a period of less than 1 year, the
administration fee that has been paid by the Customer at the beginning of the
gold account opening cannot be withdrawn.
7)
If the balance in the
Savings Account of the Customer appointed by the Customer is insufficient for
payment of administration fees in the current year, the Bank will provide a
time limit of up to the following 2 (two) months. If after 2 (two) months there
is still no payment of administration fee in the Savings Account, then the administrative
fee becomes the Customer's debt which must be paid by the Customer when making
transactions on the e-mas feature. As long as the Customer has not paid the
administration fee, the Customer cannot make e-gold transactions, except only
to close the gold account by taking into account the administrative fees owed.
8)
The minimum balance that
is deposited in the Customer's gold account is 0.1 gram or in accordance with
the provisions or as applicable at the Bank and will be notified in advance to
the Customer.
9)
Customers who choose to
register their TIN and have been verified in the Bank's system will be subject
to tax (PPH 22) of 0.45% of the total purchase price. Meanwhile, customers who
do not have/choose not to register their NPWP data are subject to a tax (PPH
22) of 0.9% of the total purchase price.
10) If
the Customer registers NPWP data and is in the verification process by the Bank
officer, then for the initial gold deposit stage, the Customer will be subject
to a tax of 0.9% of the total gold purchased first. If the NPWP verification
process has been completed and the Customer's NPWP is verified, then the
Customer's funds will be returned by the Bank in the amount of the difference
in the Customer's tax payment funds, which is 0.45% or the applicable tax
provisions (PPH 22).
11) Especially
for the initial deposit in the Account Opening transaction, if the Customer's
NPWP is declared unverified at the time of initial registration, the Customer
will still be subject to a tax of 0.9% of the total purchase price and no
refund of the difference in tax payment will be made.
12) The
e-mas feature administration fee will be automatically deducted by the
autodebit system
13) Customers
can view balance information listed on the start page of the e-gold feature on
the BSI Mobile application.
b. Gold
transfer transaction
In gold transfer transactions, there are
several requirements that must be approved by the customer, namely:
1) All
forms of gold transfer transactions can be done on the BSI Mobile application.
2) This
transaction is only carried out between Customers who have gold accounts.
3) Transfer
transactions of a minimum of 0.1 grams and a maximum of 100 grams or in
accordance with the applicable provisions at the Bank, changes to this
provision will be notified in advance to the Customer through any media deemed
good by the Bank.
4) The
process of transferring the customer's gold account balance takes place in real time .
5) Every
successful gold transfer transaction will be recorded in the customer's gold
account at BSI Mobile.
c. Gold
selling transaction
In
the gold sale transaction, there are several provisions that apply, namely:
1) Customers
can make gold sales transactions using BSI Mobile.
2) Funds
from the sale of gold will be credited to the Savings Account designated by the
Customer.
3) The
Customer's gold selling transaction can be stopped by the Bank if the Bank's
gold supply reaches the maximum limit. For this reason, the Customer can make a
gold sale transaction again on the next working day.
4) The
sale of gold is carried out with the provisions of a minimum sales transaction
of 1 gram and a maximum of 100 grams or according to the provisions in force at
the Bank, these provisions will be notified in advance to the Customer through
any media deemed good by the Bank.
5) The
selling price of gold refers to the information on the selling price of gold at
the time of the transaction which is listed on the display of the e-gold
homepage on BSI Mobile. The selling price of gold can change at any time.
6) In
selling transactions, Customers who have registered their TIN and verified in
the Bank's system are subject to tax (PPH 22) of 1.5% of the total selling
price of gold for a selling nominal of more than Rp. 10,000,000 (ten million
rupiah). Meanwhile, customers who do not have/do not complete/do not register
NPWP data will be subject to tax (PPH 22) of 3% of the total selling price for
a selling nominal of more than Rp. 10,000,000 (ten million rupiah).
7) Every
successful gold sale transaction will be recorded in the customer's gold
account on BSI Mobile.
d. Gold
buying transaction
In buying gold transactions on the e-gold
feature on BSI Mobile, there are several conditions, namely:
1) All gold
purchase transactions use the e-gold feature on the BSI Mobile application.
2) The
savings account designated by the customer will be automatically debited at the
time of gold purchase.
3) Payment
for the purchase of gold will incur an administration fee, and the account
balance must be sufficient for the success of the transaction process.
4) The
minimum purchase transaction is 0.05 grams with a Rupiah conversion equivalent
to the gold purchase price applicable at the time of the transaction or a
maximum of Rp 100,000,000 (one hundred million rupiah) or according to the
provisions in force at the Bank. These provisions will be communicated to the
customer in advance.
5) The
calculation of the purchase price of gold for customers refers to information
on the purchase price of gold at the time of transaction ( realtime )
and can be seen on the display of the e-gold homepage on BSI Mobile. The
purchase price of gold is in accordance with the market price / fluctuating.
6) Once a
gold purchase transaction has been made, it cannot be canceled afterwards.
7) At the
time of buying gold transactions, customers who have registered NPWP and verified
in the Bank system are subject to tax (PPH 22) of 0.45% of the total purchase
price. Meanwhile, customers who do not have/do not complete/do not register
NPWP data are subject to tax (PPH 22) of 0.9% of the total purchase price.
8) All gold
purchase transactions made by the customer will be reported by the bank in the
monthly report of the customer's gold account on BSI Mobile.
e. Gold
pawn transaction
In this gold transaction, there are terms
and conditions for pawning gold made by customers, namely:
1) Gold
pawn transactions can be made by customers on the BSI Mobile application.
2) The
facilities offered by the bank in this gold pawn transaction include:
submission of a new gold pawn, repayment, and extension of the gold pawn.
3) Gold
pawn transactions with Qardh financing of a minimum of IDR 500,000 (five
hundred thousand rupiah) and a maximum of IDR 250,000,000 (two hundred and
fifty million rupiah) by taking into account the portfolio of all Pawning
facilities and Customer Gold Installments at the Bank.
4) The
gold pawn in BSI Mobile is limited to the gold balance held by the Customer in
the gold account.
5) The
customer can apply for a gold pawn according to the amount of gold owned by the
customer, as well as the amount of funds that will be obtained by the customer
from the proceeds of the gold pawn, as a reference for the value of the pawn
application.
6) The
amount of the gold pawn value is based on the value of gold on the day of the
transaction, referring to the Gold Base Price (HDE) issued by the Pawn Group at
BSI as stated (announced) on the BSI Mobile gold pawn menu page with a pawn
financing receipt of 95% of the estimated gold value.
7) The
bank will receive ujroh for the service of depositing funds during the term of
the pawn and also administrative income for the gold pawn transaction.
8) The
gold pawn financing period is 4 (four) months and can be contracted, the
contract can be renewed.
9) The
customer is willing to submit and understand the risks and agrees to allow the
extension of the gold pawn to be carried out automatically or manually at the
time until the end of the pawn contract.
10) The
pawn contract will be automatically extended before the maturity date, provided
that the customer has a balance in the Savings Account which is used for
payment of administrative fees for pawn renewal, ujroh gold deposit, and a
decrease in the principal of the gold pawn if the HDE at maturity is lower than
the HDE when the customer submits gold pawn.
11) Pawn
extension is done manually if the Customer's Rupiah Savings Account balance is
used for payment of gold renewal administration fees, gold deposit ujroh, gold
pawn principal reduction because HDE (if any) is not available on the due date
and is only available on or a maximum of H+3 from the date due date.
12) The
manual extension of the gold pawn is done by selecting the gold pawn extension
menu contained in the BSI Mobile e-gold feature.
13) If
the Customer applies for an extension of the Gold Pawn, and at that time there
is a decline in the gold price in the market which causes the HDE to decrease,
the Customer must:
• Make
a partial payment/repayment of the excess Qardh value that has been given by
the Bank due to price changes resulting in changes in the Qardh nominal.
• Approved
the value of the Gold Pawn in accordance with the value of the gold price at
the time the Extension was submitted.
• Approve
and be willing to accept changes in the cost of the deposit or Ujroh.
14) The
repayment of the gold pawn is carried out by the Customer by submitting a
settlement request contained in the BSI Mobile e-mas feature.
15) The
customer can pay off the gold pawn at the earliest after 1 period of pawning
(“1 period is 15 calendar days”).
16) Repayment
can be made after the funds in the Customer's Rupiah Savings Account are at
least able to pay off the Gold Pawn and ujroh gold deposit, as agreed in the
Ijarah agreement.
17) For
the Pawn of Gold, the Customer will receive a notification via BSI Mobile and
the Customer's email registered with the Bank in the form of:
• Maturity
information, including the funds that need to be prepared for the extension or
repayment of the Gold Pawn; or
• Warning
Letter for late payment of extension and/or settlement of pawn (H+1 from the
due date).
18) If
until H+3 from the due date the Customer does not pay off or extend the Pawn of
Gold, then the Customer knowingly surrenders the gold he has pawned
("Pawned Goods") and authorizes the Bank, which is a power of
attorney that cannot be withdrawn and will not expire due to any reason.
anything including the causes specified in articles 1813, 1814, 1816 of the
Criminal Code
Civil law to sell Pawned Goods by auction
("Sales") at a price or terms deemed good by the Bank.
19) The
proceeds from the sale of gold to the Bank will be used to pay off the
financing of the Gold Pawn and ujroh gold deposit.
20) If
there is an excess of funds from the sale of gold which has been deducted from
the settlement of the gold pawn, then the excess funds become the right of the
Customer and will be credited to the Customer's Savings Account.
21) If
there is a shortage of funds from the sale of gold caused by a decrease in HDE,
the Customer is obliged to pay off the lack of funds taken from the Customer's
Savings Account. For this matter, the Customer hereby authorizes the Bank to
debit a certain amount of funds for the purpose of paying off the shortage of
funds from the sale of gold.
22) Gold
that has been pledged to the Bank cannot be transacted and will reduce the
Customer's gold balance in the gold account until the Customer pays off the
pledge.
These gold pawn terms and conditions are
an integral part of the qardh contract with
gold pawning collateral that is approved and signed electronically by the
customer. if these terms and conditions govern different terms from the qardh contract with gold pledged as
collateral, then the terms and conditions of the qardh contract with gold pledged as collateral will apply.
f. Gold
physical withdrawal transaction
In physical gold withdrawal transactions
on BSI Mobile, the terms and conditions are:
1) Customers
can request physical gold withdrawals via BSI Mobile.
2) Physical
gold collection can be done at the Bank's Branch Office on working days and
hours with the provisions set by the Bank.
3) The
customer is required to show a valid identity card at the time of physical gold
collection at the Bank and proof of receipt of the physical gold withdrawal
transaction.
4) Physical
gold withdrawal can be represented by using a Power of Attorney by attaching
the customer's original ID card, power of attorney and proof of receipt of the
physical gold withdrawal transaction.
5) physical
withdrawal of gold is 2 grams according to the gold fraction available and
selected by the customer.
6) The
physical withdrawal fee is borne by the Customer who is debited from the
designated Customer Savings Account. Physical attraction fee refers to the
level of physical attraction of gold for each shard.
7) The
Bank provides a One Time Password (OTP)
number to the Customer who comes to the Bank's Branch Office to process the
physical gold collection. OTP is given for one transaction. The customer is required
to enter the OTP number via BSI Mobile at the time of physical gold collection
as proof of receipt of gold.
8) Physical
gold can be taken or received +14 (fourteen) working days after the transaction
is processed according to the number of fractions, customer requests, and the
location of the Bank's Branch Office or according to notification from the
Bank.
9) Gold
physical withdrawal transactions that have been processed cannot be canceled.
10) The
customer will receive a notification via email and/or sms regarding the
physical readiness of the gold to be collected at the Bank's Branch Office.
11) Physical
gold withdrawal exceeds 5 (five) working days after the notification as
referred to in point 10 above, the Customer will be charged a deposit fee of
0.04% per day of the value of gold stored multiplied by the purchase price.
Maqashid Syariah Analysis
on BSI Mobile's E-Mas Features
Ismail (2014) in his book maqashid sharia in Islamic economics
concludes that there are three levels of maslahah in maqashid sharia, namely
dharuriyyah, hajjiyat and tahsiniyyah. Dharuriyyah is a top priority for
determining direction and policy because this maslahah consists of five main
categories: religion, soul, mind, lineage and property. The making of
technology-based Islamic finance applications must also be adjusted to the
goals of sharia so as not to violate the basic law of muamalat.
The
purpose of the BSI Mobile E-mas feature is to make it easier for people to use
all of Bank Syariah Indonesia's products and services, whether checking balance
information, transferring money, paying daily necessities, paying zakat,
saving, insurance, pawning and many others. With this ease of access, the
community's contribution to Islamic finance is expected to increase every day.
So Islamic financial technology innovations, this is the BSI Mobile E-mas
feature, is something that must be realized and its nature becomes dharuriyyah
both in religion, soul, mind, lineage and property. The ease of access to gold
transactions at Bank Syariah Indonesia (BSI) is included in the maslahah
hajiyat and the promotional facilities in the e-mas feature are included in the
maslahah tahsiniyat. On the other hand, this application can be used by all
levels of society who conduct gold transactions at Bank Syariah Indonesia (BSI)
in accordance with the terms and conditions of the e-mas feature.
The
gold transactions contained in the E-Mas feature of BSI Mobile are adapted to
the maqashid sharia basis, so that in practice they do not deviate from the
teachings of Islam. The distribution of gold transactions based on maslahah
daharuriyyah is as follows, namely:
a.
Protecting religion (Al-din): This maslahah is related to
one's faith in Allah SWT which is reflected in the forms of worship that are
ordered, such as praying five times a day, paying zakat, performing Hajj and
Umrah, paying off debts, waqf and other needs that are needed. needed to
increase faith and maintain Islam. The gold feature accommodates this maslahah
by avoiding gharar, maysir, tadlis, ikhtikar and usury in conducting gold
transactions and providing education to customers to pay zakat if the gold
purchased or stored has reached the obligation to pay zakat.
b.
Protecting the soul (al-Nafs): This maslahah is related to
maintaining one's mental health and keeping away from various diseases that
have an impact on welfare. The need for nutritious and healthy food intake to
keep the soul healthy. In the context of the e-mas feature facilitating
problems with gold safekeeping, if the gold deposited by the customer is lost
or there is negligence on the part of BSI, then BSI will replace the gold.
Because the customer has paid the Ujroh fee to the bank.
c.
Protecting offspring (Al-Nasl): This maslahah is related to
marriage which is part of the sharia in obtaining pious and pious offspring.
Marriage is human nature and becomes obligatory if someone is able to get
married because then they can protect themselves from heinous acts. The e-mas
feature facilitates this maslahah by buying gold transactions as future savings
that can be used if there are plans to get married.
d.
Protecting reason (al-'Aql): This maslahah is related to
knowledge as the basic foundation of religion. Someone who is not knowledgeable
will not be able to think about the virtues of Islam which is rahmatan
lil'alamin. The e-mas feature that fits this problem is the opening of a gold
account. The opening of a gold account facilitates people who want to invest in
gold for the long term and the future of their customers.
e.
Protecting property (al-Mal): Wealth is a medium of exchange
to obtain basic human needs such as staple food, with one's property being able
to meet these needs. Wealth can be obtained from trade, profession or
inheritance, in Islam property must be obtained from halal ways that are free
from all elements of gharar, maysir, tadlis, ikhtikar and usury. The e-mas
feature facilitates this with gold pawn transactions and gold sales
transactions.
Maslahah hajiyat has a function to eliminate narrowness and
difficulties in fulfilling basic human needs (dharuriyyat) (Ismail, 2014). The context
of this maslahah with finance or asset management can be realized by the
allocation of needs that facilitate economic activities such as gold transfer
transactions and physical gold withdrawal transactions. These various features
can be a way to make it easier for people to meet their basic or basic daily
needs. Finally, maslahah tahsiniyat is
a complementary maslahah that maintains the honor of the maqashid dharuriyyah directly. At this level the community is
focused on procedures or ethics in property management and muamalat. The
feature of e-mas that is included in this maslahah is the realization of a good
relationship between BSI and customers. All transactions in the e-mas feature
have reflected the needs of the community with very easy access, namely by
having a smartphone and an internet
connection, all levels of society can take advantage of this golden feature.
Another advantage is that the system applied in every transaction uses a system
based on sharia, namely a system that is protected from all kinds of elements
of gharar, maysir, tadlis, ikhtikar and usury. So with the digitalization of
Islamic finance such as gold transactions with the BSI Mobile e-gold feature,
it will be easier for the public to make gold transactions in general.
The
following are the details of BSI Mobile's e-mas features that are in accordance
with maqashid sharia, namely:
Table 3
Features
of E-Mas and Maqashid Syariah
Maslahah |
Category |
E-Mas Features |
Dharuriyyat |
Religion |
avoid gharar , maysir , tadlis , ikhtikar and usury in To do
transaction gold and pay zakat. |
Soul |
The place care gold |
|
Descendants
|
Transaction buy gold |
|
|
common sense |
Opening account
gold |
Treasure |
Transaction sell gold |
|
Hajiyat |
|
Gold transfer transactions and transactions pull physique gold |
Tahsiniyat
|
|
BSI 's partners with customer |
Source
: Processed by the author, 2022
CONCLUSION
Research results show that digitization transaction gold use BSI
Mobile's E-Mas feature can be make it easy access Public to Bank Syariah
Indonesia (BSI) products and services only with using a smartphone and internet
connection. In the E-mas feature there are some sub points transaction, that is
information and terms conditions, gold transfer transactions, transactions sell
gold, transaction buy gold, opening account gold, transaction pawn gold, and
transactions pull physique gold.
Suitability transactions in the BSI Mobile E- Mas feature with
maqashid sharia, namely good luck dharuriyyat shared in five categories,
transactions in e - mas include in category 1) Protecting religion: avoiding
gharar, mayyir, tadlis, ikhtikar and usury in To do transaction gold and pay
zakat, 2) Protect soul: place care gold, 3) Protect ancestry: transaction buy
gold, 4) Protect sense : opening account gold, and 5) Protect property:
transaction sell gold. Transactions included good luck hajiyat that is gold
transfer transactions and transactions pull physique gold. Whereas transactions
included good luck tahsiniyat that is intertwined partners between BSI and
customer.
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Copyright
holders:
Arfarizan, Asyari Hasan (2023)
First publication right:
Devotion - Journal of Research and Community
Service
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