LEGAL PROTECTION AGAINST DEPOSITORS' CUSTOMERS WITH MUDHARABAH CONTRACT ON ISLAMIC BANKS

Deposit type most often used by Islamic Bank in collecting funds from the public is revshare system (mudharabah) where the customer is acting as an investor and profit from business carried on by the bank. But in practice mudharabah can also loss caused by managers (Banks) in running the business. The problem in this research is how the legal protection of depositors with mudharabah in Islamic banks. With normative juridical research method and approach to literature. Results of the study stated that the legal protection of depositors in Islamic banking are protected by rules that are already fairly well from the Financial Services Authority and the Institute of deposit insurance, even the rules better than  protection applied to customers of conventional banks. LPS in Regulation 2 of 2010 Article 44 stated that the interest rate is considered reasonable set LPS does not apply in determining the status of the deposit guarantee to deposits based on Islamic principles because Islamic Bank using revshare principle in operation. 


A. INTRODUCTION
Banking institution that serves as a collecting and distributing public funds (financial intermediary) have a strategic role to support the implementation of national development, namely in order to improve the distribution of development. 1 In 1997, Southeast Asia experienced a financial crisis that could change Indonesia's economy collapsed. This has an impact to companies that exist in the country, especially in the banking sector at the time. Banking institutions is one of the backbone of the economy of a country because it serves as intermediary institutions increasingly affected. One of the problems that arise are many 1 Kuncoro,Mudrajad. Manajemen Perbankan: Teori dan Aplikasi.Yogyakarta: BPFE, 2002, p. 21 customers who have failed to pay, resulting in the bank suffered very big losses. Islamic banks in this case PT. Bank Muamalat Indonesia proved to be a financial institution that can survive amid increasingly severe economic crisis. Islamic banking revenue sharing system applied in the bank relative maintain its performance and is not washed away by the level of deposit rates are soaring to lower operating expenses than conventional banks. In general the effectiveness of Islamic banking intermediation function is maintained as the growth of the funds raised and the financing is relatively high compared to the national banking system, as well as providing increased network access and address the needs of the broader community so that it can make the financial performance of Islamic banking better.2 As a financial institution Islamic Bank acts as intermediary institution in Bank Indonesia Regulation Number: 9/19/PBI/2007 regarding the implementation of Sharia in activities Deposits and Funds Distribution And Services Islamic Bank, in the activities of fund raising Islamic Bank using syariah contract-based principle among others Akad Wadi'ah and Mudharabah. In Act 21 of 2008 concerning Islamic Banking, explains the definition of savings as a deposit based on the principles wadi'ah or investment funds based on the Mudharabah contract or other agreement that does not conflict with Islamic principles that may only be withdrawn under certain terms and conditions are agreed, but can not be withdrawn by check, demand deposit, and/or other equivalent means of it3.
Deposits with Wadi'ah contract, an Islamic bank products where customers can deposit funds to the bank, and customers can withdraw funds when at any time. While deposits with Al-Mudharabahh contract, a product of Islamic banks in which the cooperation between the two parties; The first party as a financier and the second as a manager. The benefits will be divided according to the agreement. While the losses will be borne by the capital provider for damages not caused by the negligence of the manager. If the loss is due to negligence and fraud manager, then the losses will be borne by themanager. In practice using Mudharabah contract Bank received in the form of third-party funds as a source of funds. These funds could take the form of savings or deposits Mudharabah with variable periods. Furthermore, the funds that have been collected are channeled back by the bank in the form of financing generates (earning assets). The advantage of this finance portfolio will be divided between the bank and the owners produce Third Party Funds.
The most important principle of Mudharabah is when profits are shared among Shahibulmal and mudharib, all the losses in the investment or business covered by the capital alone, unless the loss is caused by the inappropriate action or omission occurs mudharib. If there is no inappropriate action and negligence, Mudarib is not responsible for losses in the business.4 Based on data from the OJK (Financial Services Authority) Mudharabah savings is a form of savings that most large proportion compared with other savings products with a contract with a percentage of 67%.5 Although persetase very high growth even Islamic Bank exceeds the growth of the national conventional banks with CAR, RoA, which is getting better and better able to suppress NPF of 2017 ago. 6 It is not possible Islamic Bank's financial performance using the principles Revshare experiencing adversity in the years to come.
Deposit type most often used by Islamic Bank in collecting funds from the public is revshare system (Mudharabah) where the customer is acting as an investor and profit from business carried on by the bank. But in practice Mudharabah can also occur losses caused manager (Bank) in business so that when it happens customers who act as investor (Shahibul mall) will bear own losses incurred during the loss is not an omission Bank (mudharib). In running his business. For this reason, it is necessary to discuss legal protection against depositors' customers with mudharabah in Islamic banks. The research method used is normative juridical approach to literature Under Article 29 of the above, one of the OJK authority in conducting consumer protection is to create a mechanism for consumer complaints in financial services institutions, it means that the OJK is also authorized to make a complaint mechanism depositors Microfinance Institutions as a financial services institution. It is also based on the transition part of the duties and authority of Bank Indonesia to the OJK in terms of supervising financial institutions described in Article 69 subjection (1), which explains that the task of Bank Indonesia in organizing and supervising the Bank were transferred to the OJK related to the task of managing and controlling of with microprudential ie about institutional, health, financial services institutions, aspects of the prudential and bank checks, Legal protection for customers have the right to conduct customer complaints, as well as the use of banking mediation forum to obtain the settlement of disputes in the field of banking in a simple, cheap, fast. If the rights and obligations of liquidated banks are in line with the Consumer Protection Act will be able to carry out banking activities within the bank. Among them are the right to safety, the right to choose a product, the right to obtain clear and accurate information and the right to be treated properly and honestly. And obligation is to follow the instructions of information and procedures that run the bank. 7 Bank relationships with customers is generally a civil relationship. Such relations, in practice it does not always run smoothly, it could be disagreement or dispute arising between them. In the In its function as a guarantor of deposits of depositors, the Deposit Insurance Agency is responsible for determining and formulating policies for the implementation of deposit insurance and to implement the deposit guarantee. and when the closure of failed banks, deposit insurance duty is applied to make payments on insurance claims bank customer deposits were withdrawn, and appointed a liquidation team to clean up the bank's assets and liabilities. 9 The Deposit Insurance Agency to make payments to the insurance claims depositors of banks that license has been revoked far as they meet the requirements stipulated by the Law on Insurance Agency 10 1. If all the above conditions are met, then the Deposit Insurance Agency with all of its Authority will strive to rescue the bank. But otherwise, if not met, then the Deposit Insurance Agency will propose to LPP to revoke the operating license of the bank for the next be liquidated. So it is clear that the bank rescue measures failed in the form of capital injections or Temporary Equity (PMS) is not the only action that can be performed rescue the Deposit Insurance Agency. It is understandable that many rescue action given the Deposit Insurance Corporation Act for the Deposit Insurance Agency is a last resort in order to rescue a failing bank.
Handling mechanism failed bank with systemic impact in accordance with Article 22 Subsection (1)  In government regulation in lieu of law (perpu) 3 Years later passed into Act No. 7 of 2009 Article 11 stated value Deposits guaranteed for each customer in one bank most 100,000,000.00 (one hundred million rupiah). Deposits guaranteed value can be changed if it met one or more of the following criteria: a. withdrawals of banking funds in large numbers simultaneously; b. inflation is significant in a few years; b. the number of customers that is guaranteed throughout the savings to less than 90% (ninety percent) of the entire bank depositors; or c. crisis occurs threats that may result in the decline of public confidence in the banking and endanger the stability of the financial system. Changes Saves the scale of value that is guaranteed as referred to in Article 11 of Act No. 7 of 2009 set by Government Regulation and further reported to the House of Representatives.
Based on Government Regulation 66 of 2008 on the amount of the Guaranteed Savings LPS which sets the value of deposits guaranteed for each customer in one bank is at most Rp 2.000.000.000, -(two billion rupiah).
The Deposit Insurance Agency to make payments to the insurance claims depositors of banks that license has been revoked far as they meet the requirements stipulated by the Law on Insurance Agency 1. Recorded in the books of the bank. 2. The deposit interest rate does not exceed the interest rate guarantee. 3. Do not perform actions that harm the bank. These three criteria are eligible to pay the aforesaid known as 3T. But for the interest rate on deposits do not exceed the interest rate guarantee does not apply to Islamic banks. LPS in Regulation 2 of 2010 Section 44 is stated that the interest rate is considered reasonable set LPS does not apply in determining the status of the deposit guarantee to deposits based on Islamic principles.

C. CONCLUSION
Legal protection in the Islamic banking depositors are protected by rules that are already fairly well from the Financial Services Authority and the Institute of deposit insurance, even the rule better than protection implied to customers of conventional banks. LPS in Regulation 2 of 2010 Article 44 stated that the interest rate is considered reasonable set LPS does not apply in determining the status of the deposit guarantee to deposits based on Islamic principles because Islamic Bank using revshare principle in operation.