Harmonisasi Pengaturan Ijarah Muntahiyyah Bittamlik Dalam Sistem Perbankan Syariah Indonesia: Analisis Komparatif SEOJK No. 36/SEOJK.03/2015 dan Fatwa DSN-MUI

Abstract

Ijarah Muntahiyyah Bittamlik is a financing instrument in Islamic banking that combines the ijarah contract with an option to transfer ownership at the end of the lease period. In Indonesia, its regulation is divided into two normative regimes: administrative regulation by the Financial Services Authority through SEOJK No. 36/SEOJK.03/2015, and Shariah norms through DSN-MUI Fatwa No. 09/DSN-MUI/IV/2000 and Fatwa No. 27/DSN-MUI/III/2002. The differences in normative character have the potential to cause disharmony in Islamic banking practices. This study aims to analyze the comparative regulation of IMBT across these three instruments and its implications for legal certainty and risk management in banking. This research is a normative legal study employing statutory, conceptual, and comparative approaches. The results indicate that SEOJK No. 36/SEOJK.03/2015 is more oriented toward prudential banking and administrative certainty, while the DSN-MUI fatwas emphasize principles of fiqh muamalah and contractual flexibility. Differences in regulation are found in aspects such as definitions, the party granting wa’d, the mechanism of ownership transfer, forms of ujrah payment, the existence of the leased object, contract form, and risk management. Although not contradictory, these differences require normative harmonization to ensure consistent implementation of Shariah principles in operational banking practices.