Evaluation to the Practice of Murabahah in the Operations of Baitul Mal Wattamwil ( BMT ) , Yogyakarta * Oleh :

Riset ini merupakan analisis tentang konsep murabahah sebagai salah satu instrumen pembiayaan dalam transaksi Islam dan pelaksanaannya di BMT, Yogyakarta. Tujuan riset ini adalah (1) mengevaluasi praktik pembiayaan murabahah, baik prosedur dan pelaksanaannya di BMT Yogyakarta dan selanjutnya dievaluasi kesesuaian atau tidaknya prosedur dan pelaksanaan pembiayaan murabahah tersebut dengan prinsip-prinsip Syariah. (2) mengevaluasi cara penentuan margin keuntungan dalam kontrak murabahah di BMT Yogyakarta, apakah sama atau berbeda dengan

Recently, there are more than three thousands BMTs in the country. 8About reported their performance to PINBUK Yogyakarta regularly.
line with the the society's understanding toward Islamic banking concept.Findings of DPNP-BI's research (Direktorat Kajian dan Pengaturan Perbankan Bank Indonesia) in cooperation with three universities in Java (Universitas Indonesia, Institut Pertanian Bogor, Universitas Brawijaya) 2000 show that frequently misunderstanding happened about Syariah banking concept.About 94 % of 4000 respondent whom explained about Islamic banking system acknowledged customer.Society's consciousness to Islamic banking existence is relatively high (79%). 9 However their understanding about characteristic and uniqueness of Islamic banking products is very low.In fact even there is society's suspiciousness and unsatisfaction toward the existence of Islamic banking, they assumed that Islamic also assumed that mark price in murabahah contract was same with interest in conventional bank (16.5 % of 1,500 respondent).makes Yogyakarta as a strategic town for many aspects like trade, education, culture, etc.
Are the procedures and their application in line with Syariah rules? in conventional bank? 3. What are the BMT management's policies and actions to solve default C. Objectives them will be analyzed by Syariah's rules to prove its compliance to it or not bank and to show its compliance to Syariah's rules or not 3. evaluation to the policies and actions of BMT's management if default management to the default payment case will be analyzed by Syariah's rules to prove its compliance to it or not.4. To assist the BMT management to enhance their product through its attributes.

D. Contribution
relation to previous research conducted about the topic studied in this research.
or to guide the researchers to develop such a research hypothesis.Perhaps, because of its new existence and unique form and operation in nature, there is only limited number of previous researches conducted for this Habib Ahmed 16 wrote an article "Financing Microenterprises: An Analytical operational framework, and empirical support for the establishment of Islamic institutions, (3) low rate of return on investment, (4) high drop out rate and non graduation from poverty, (5) debt trap, (6) targetting woman as recipient.institution model.He wrote that theoritically there is a great potentiality of operations.
characterized by predetermined return as in the case of interest.It is said to contain some element of risk, but all these risks are insurable and are actually the main problem of contemporary islamic banking, so much so that it can be Transactions of the former modes are always done through real commodities, while in the latter they carried out through inter-temporal exchange of money.He also highlight that nobody denies that murabahah is permissible mode of several problems have been noted in the way it is being used.He suggested that serious attempts should be made to cleanse the quasi murabahah being practiced it genuine murabahah.
Joni Tamkin bin Borhan 18 explains bay' al-murabahah in Islamic Commercial Law.He highlight that the legality of a murabahah is not questioned institutions has been regarded with apprehension by some scholars like Siddiqi (2) misunderstanding among the part of society about the social and religious role of KOPONTREN and or BMT.(3) It is also found that basically there is no BMT at most are lack of supervision and development assistance; (5) there is no single institution which can provide guarantee in the case of liquidity problem.
Amir Mu'allim 19 explained that the problems faced by BMT are the existence of society prejudice toward operations of BMT that are not in line with Syariah rules.It caused trust degradation of saver of BMT and saver candidate.He also stated that the development of islamic banking industry is very rapid but it doesnot accompanied by supported infrastructure like professional human in trouble in the future.He concluded that the complexity of problems faced While a research conducted by Suhardin 20 researched the acceptancy of the society toward the existence of BMT.A research conducted by Sholihin 21 researched the behaviour of customers toward BMT.Other researchers about BMT are Patimatu Jahra 22 and Elida Putri Nauli. 23 that although a minority of society did not accept well the existence of BMT, generally can be concluded that the acceptance of society toward BMT include the existence of BMT has big contribution to develop the microenterprises.
21 Sholihin (1999), "Perilaku Konsumen Terhadap Produk BMT (Studi Kasus di BMT Kharisma Magelang Jawa Tengah)", Dissertation of Islamis Studies, MSI-UII, Yogyakarta.calculation.BMT management argued that this mechanism is allowed based on 'urf consideration and usual mechanism adopted from global economic trend.In addition, they argued that the nisbah calculation operated by BMT did not apply the ad'afan muda'afah in case of default payment, from the interest concept.
is done to analysis and evaluate comprehensively the the practice of murabahah sized enterprises in the operations of Baitul Mal Wattamwil (BMT), Yogyakarta, Indonesia.

III. Research Method
To achieve the purposes of this research, researcher undertakes theoretical method as well as empirical method.
al-murabahah in Islamic teaching (elaborated from al-Qur'an, al-Sunnah and Fiqh books), the concept al-murabahah also use internet services to get the contemporary issues related to the research thema.

B. Empirical Method
devided into three steps, sampling method, data collection method, and analysis method.

Population, Sample and Sampling Method
Population of the research is all BMTs in Yogyakarta which count to be in two districts, namely Sleman and Kotamadya Yogyakarta is more rapid than others.Population of BMTs in these two districts count to be 30 units. 25Due to only way to handle this problem is to pick some of them as sample.
Sampling method selected to this research is purposive sampling method.So, these two district will be research location target and the number of the sample is two BMTs chosen, namely BMT Al-Ikhlas (Kotamadya Yogyakarta), BMT Bina Ummah and BMT Dana Syariah (Sleman).
Determination of these samples is based on the rationales below: a. BMT exists in Yogyakarta relatively have similarity in organization structure, various products and services, organizasional management pattern, and also establishment mechanism.
gathering, every sample can be elaborated comprehensically because the number of sample are not very much.

Data Collection Method
a. Documentation Some data, such as age of BMT, total asset of BMT, return on asset, total b.Questionnaire A considerable number of open question will be sent to the BMT management weeks before interview done.c.Interview Some supporting data need to be acquired directly from BMT management done to clarify the datas gathered from the questionnaire.In other hand, it methods.Interviewed persons are limited to the BMT management and the thought pattern are applicated to this research. 26nductive thought pattern will be implemented to analysis the BMT management's attitude and action to default payment and the BMT management's attitutude and thought pattern will be implemented to analysis the determination method of bank.

Findings
Researcher had analyzed many related data to this research to reach the sample, Yogyakarta are compliance to Syariah's rules.However, there was like petrolium, onions, vegetables etc. BMT Dana Syariah and the client had binded murabahah contract whereas the goods as object of contract were not exist at the time of contract binded or the goods were not being the property of BMT Dana Syariah yet.According to Islamic muamalat law, the existence of the goods as the object of contract is one of the relus an regulations of murabahah contract.So, in this case, BMT Dana Syariah involved in fuduli transaction that according to the part of ulama, among them ulama between BMT's party and client party until they agree to conduct contract ('an taradin minkum there are certain and limited aspects seem similar.Certain and limited aspects counted up maximum total price then distributed into how many times interest rate model.
Yunus al-Misri, and Muhammad Uthman Syubair admitted that the seller is allowed to add the price higher from the normal price for trade contract payed by installment payment.It is required that the selling price must be stated clearly in the beginning of contract binded.Extrincically, it resembles to interest rate concept in credit loan at conventional bank that of default payment occured, the client of credit loan will be penaltied, in return for credit loan in conventional bank.However, actually there is a credit loan operation, namely in case of default payment occured, the client of credit loan will be penaltied, in contrary the client of murabahah Base Lending Rate month.In this case, the client did not know actually how much they should pay their debt.In contrary with the client in murabahah contract that they know exactly how much they should pay their debt.
Yogyakarta and interest rate operation in conventional bank are listed below: negotiation between BMT's party and client party until they agree to conduct contract ('an taradin minkum decision in credit loan operated by conventional bank that determined 2) In case of default payment occured, the client of credit loan will be BMT and the client, so the debt of the client to BMT occured because of the trade contract, in contrary to the debt of the client to conventional bank that occured because of a lending money contract.In other word, the are clearly distinguishable from interest based modes.Transactions of the former modes are always done through real commodities, while in the latter they carried out through inter-temporal exchange of money.c. Analysis toward policy and action of BMT's management in case of default payment occured showed that the most policies and actions of BMT management are compliance to Syariah's rules.However, there was an policy and action BMT Dana Syariah management that penaltied the defaulter prohibited by Syariah laws, because according to Syariah laws, the price in maslahah 'ammah).Even the Islamic Fiqh Academy announced a fatwa that penalteing the defaulter payment to pay a few of money or other cost is the same of interest concept application.

Recommendations
rate of interest rate developed in conventional bank market, 17-20% per year, conventional bank market.must be lower than interest rate in conventional bank.
First step is following the strategy of Rasulullah SAW in trading.Rasulullah SAW explain truly the buying price of good and other cost to the buyer.Rasulullah methode was actualized by BMT management, but why the selling price higher?the selling price.For example how much the recovery cost expensed by BMT much portfolio targeted by BMT management?etc.All of these factors must be also have to enrich the quality of human resources so that the operation of BMT of murabahah contarct namely the BMT Dana Syariah involved in fuduli transaction that according to the part of ulama, among them ulama Hanabilah, for this case is changing the mode of contract (murabahah contract) to musyarakah contract so that the contracts are in line with Syariah.action BMT Dana Syariah management that penaltied the defaulter payment laws.Even the Islamic Fiqh Academy announced a fatwa that penalteing the defaulter payment to pay a few of money or other cost is the same of interest concept application.So, to solve this case, researcher suggested that the penalty payment must be used to social interest (maslahah 'ammah) or BMT party stopped giving penalty to defaulter.

1 .
To give the true explanation to the society about the real operation of 3. Policy recommendations to support the existence and growth of BMT's (Yogyakarta: LPPI UMY dan Majlis Tarjih Muhammadiyah), pp.77-84.
PINBUK had also conducted a study of development evaluation of Pondok based on the survey upon 24 BMTs and 30 KOPONTREN in three provinces, three external factors which possibly support the existence of KOPONTREN and the customers well, both in delivering the products or services, and collecting the customers obligation; (3) KOPONTREN and BMT provide the easy procedures Besides the supporting factors, the research also found some external18 Joni Tamkin bin Borhan (1998), "Bay' al-Murabahah in Islamic Commercial Law", Jurnal Syariah,Bil 6, Januari 1998, pp.53-58.