Muhamad Afifullah, . (2025) KONSEP PEMBENTUKAN BADAN HUKUM DANA TABARRU SEBAGAI WAKIL PEMANGKU KEPENTINGAN PESERTA ASURANSI SYARIAH. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
This research is rooted in several issues such as ownership of collective funds (tabarru funds), unity of company functions, distribution of compensation, Spin off policies, Underwriting Surplus, Ujrah or Fee and investment profit sharing, Dispute Resolution, and Claim Discounts. This issue can only be resolved by the formation of representatives of sharia insurance participants. The purpose of this study is to analyse the concept of the establishment of the Tabarru' Fund Legal Entity as a representative of the interests of participants in sharia insurance, as well as to examine government regulations and DSN-MUI fatwas that underlie the formation of the agency. The research method used in this research is juridical normative with a statutory, comparative law, and conceptual approach. Primary legal sources are in the form of laws and regulations and fatwas of the National Sharia Council of the Indonesian Ulema Council, secondary legal sources are obtained from scientific papers, as well as other legal documents such as decrees, court decisions, and credible newspapers. The results of this study are first, the concept of the establishment of the Tabarru Fund Legal Entity is intended as a form of legal representation of the collective ownership of Islamic insurance participants, through an internal legal entity filled by representatives of participants based on the region, resembling the Member Representative Body model in joint venture insurance. This idea arises to ensure the protection of participants' rights and avoid conflicts of interest due to the company's dual role. Alternatively, if the formation of an internal legal entity is not possible, the Independent Commissioner or Sharia Supervisory Board can act as a participant representative with strengthened mandate and supervisory functions. Second, the application of the concept of legal entity of tabarru funds in the form of internal bodies of participants has encountered obstacles ranging from aspects of capital, management criteria, and business efficiency, and there is no specific regulation besides the limited authority of the DPS. Therefore, the solution is through an Independent Commissioner on the basis of Article 117 of the PT Law, Article 11 of the Insurance Law, Article 52 number 5 of the UUP2SK, Article 96 POJK Licensing, Article 29, Article 30, and Article 32, and Article 34 POJK Governance. Then the independent commissioner's role is strengthened by the formation of a special committee for tabarru funds in accordance with Article 121 paragraph (1) of the PT Law.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil : 2310622001] [Pembimbing 1: Atik Winanti] [Pembimbing 2: Diani Sadia Wati] [Penguji 1: Heru Sugiyono] [Penguji 2: Iwan Erar Joesoef] |
| Uncontrolled Keywords: | Tabarru Fund Legal Entity, Independent Commissioner, Islamic Insurance Regulation |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | MUHAMAD AFIFULLAH |
| Date Deposited: | 12 Aug 2025 04:20 |
| Last Modified: | 13 Aug 2025 02:30 |
| URI: | http://repository.upnvj.ac.id/id/eprint/39527 |
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