Legal Study of Building Sharia-based Investment in Aceh: The Challenges After the Enactment of the Qanun of Sharia Financial Institution
DOI : DOI: 10.22373/sjhk.v7i2.17653
Date : 28 May 2023
The presence of Aceh Qanun Number 11 of 2018 concerningÃÂ ShariaÃÂ Financial InstitutionÃÂ (SFI)ÃÂ is an important breakthrough in building a Sharia-basedÃÂ economyÃÂ in Aceh. This goes hand in hand with Aceh's privileges in implementing Islamic law as stipulated in the Aceh Qanun Number 8 of 2014 concerning Principles of Islamic Sharia.ÃÂ Hence,ÃÂ this researchÃÂ aims to scrutinizeÃÂ the challenges in building Sharia-based investments in Aceh afterÃÂ the enactmentÃÂ of the Qanun ofÃÂ SFI. This study was conducted using normative legal methods with statutory and Sharia economic law approaches. The data analyzed are literature and legal rules such as laws, qanuns, books,ÃÂ and articles related to the discussion.ÃÂ The results ofÃÂ thisÃÂ study indicate that there are several challengesÃÂ occurÃÂ in building Sharia-based investments in Aceh. Firstly,ÃÂ lack ofÃÂ understanding about SFI Qanun by stakeholders because not all of them have a full understanding of the contents of this Qanun.ÃÂ Secondly, limited access to financial resources thatÃÂ can be used byÃÂ investors, andÃÂ business actors toÃÂ runÃÂ theirÃÂ businesses.ÃÂ Thirdly, Aceh's low economic growth has resulted in low investorsÃÂ interestedÃÂ toÃÂ invest in Aceh. ThisÃÂ conditionÃÂ has a significantÃÂ impactÃÂ on the sustainability of Sharia-based investments in Aceh.ÃÂ Fourthly, inadequate infrastructure especially information technology infrastructureÃÂ to support the implementation of the Qanun ofÃÂ SFI. Therefore, itÃÂ is suggested to the Government of AcehÃÂ provide a better understanding ofÃÂ the Qanun ofÃÂ SFI at all levels of society. Then,ÃÂ ÃÂ the government also needs toÃÂ open access to financial resourcesÃÂ forÃÂ the investors andÃÂ business actors whoÃÂ want to invest in Aceh. Besides, appropriate measures to increase economic growth in Aceh need to be taken promptly so that incoming investment may increase gradually. Finally, in the context of the Sharia economy, the existence of the LSK qanun is part of legal efforts for the benefit of all financial transactions in Aceh in accordance with Islamic Sharia values.