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Diversification of Islamic Financial Instruments

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that regulate the industry, namely the Lembaga Penjamin Simpanan (Deposit Insurance

Institution) for deposit insurance scheme, Dewan Syariah Nasional – Majelis Ulama Indonesia

(National Shariah Council - Indonesian Ulama Council) for Fatwa and Shariah-based decisions,

Ministry of Finance to regulate sovereign Sukuk, Ministry of Cooperative and Medium and

Small Scale Enterprises to supervise the Shariah cooperative business, Badan Arbitrase

Syariah Nasional (Arbritrage and Dispute Resolution in Islamic finance), and Ikatan Akuntan

Indonesia (Indonesian Accountant Association) Shariah for Accounting standard.

Indonesia is among the countries that have specific acts regulating Islamic banking, insurance

and Sukuk. The first act regulating Islamic banking practices was the Banking Act 1992. This

Act facilitated the establishment of the first Islamic bank in Indonesia, namely Bank Muamalat

Indonesia. Since then various acts have been passed to accommodate the practice of finance in

Shariah perspective and guide its development. The Indonesian acts related to Islamic banking

and financial practices are as follows:

Banking Act No. 7 of 1992 (amended by Act No. 10 of 1998).

Central Bank Act No. 23 of 1999 (amended by Act No. 3 of 2004).

Deposit Insurance Act No. 24 of 2004.

Islamic Banking Act No. 21 of 2008.

Islamic Sovereign Bond (Sukuk) Act No. 19 of 2008.

Government Law No. 25 of 2009 (income tax for sharia transactions).

Tax Neutrality in Government Law no. 42 of 2009.

Internationally, Indonesia is already a member of the Islamic Development Bank (IDB), the

Islamic Financial Services Board (IFSB), the International Islamic Financial Market (IIFM) and

the International Islamic Liquidity Management Corporation (IILM) and has adopted the

regulations of the IFSB and the Accounting and Auditing Organisation for Islamic Financial

Institutions (AAOIFI) beside adhering to various fatwa issued by the OIC Fiqh Academy (based

in Jeddah).

3.2.2. INTRODUCTION

The early development of Islamic finance industry in Indonesia is very promising. Since the

first establishment of Islamic bank in1992 through the establishment of Bank Muamalat

Indonesia, the Islamic banking industry currently is having 34 Islamic banks (full-fledged and

windows), 53 Takaful operators, and more than 5000 Islamic micro-financing institutions

(called as Bank Perkreditan Rakyat Syariah) across the country (OJK,

Islamic Bank Monthly

Statistic January 2017

).

With the growing public interest in the industry and its significant contribution to the national

economy, the Government of Indonesia has shown concern on how to develop and elevate the

industry further.

However, the contribution of Islamic finance industry to the national financial system, and to

the national economic growth at large has not yet been significant, compared to the existing

conventional financial market. Islamic banking industry, for example, contributed only 5 % of

country’s banking assets in 2015. Another ASEAN country, Brunei Darussalam, has achieved

nearly 49% of the country’s banking assets being Shariah-compliant, and Malaysia has reached