Discourse On The Revision Of LKS Qanun, Opportunities For The Return Of Conventional Banks To Aceh

Illustration - Customers are withdrawing money at Bank Mandiri ATMs. BETWEEN

BANDA ACEH - It has been more than 2 years since Acehnese people have not experienced conventional banking services after the implementation of Aceh Qanun (Regional Regulation) Number 11 of 2018 concerning Sharia Financial Institutions (LKS).

Reported by ANTARA, Wednesday, May 31, since regulations were ratified and the socialization stages were until 2020, one by one conventional banks such as BRI, BNI, Mandiri, BCA, and various other private banks began to leave Tanah Rencong.

After that, Aceh was only filled by BRI Syariah, Bank Syariah Mandiri (BSM), and BNI Syariah. However, as of February 1, 2021, the government officially merged the three state-owned banks into Bank Syariah Indonesia (BSI).

After the inauguration of the merger of the three banks into BSI, Aceh only has one national bank covering all regions in Aceh. Apart from the regional bank, namely Bank Aceh Syariah (BAS).

There are only single national banks that have created obstacles for various people in Aceh who want to transact outside the region, especially entrepreneurs, because the service system is not yet optimal.

One year BSI operated in Aceh, various pressures arose to revise Qanun LKS, not only from the community or businessmen, but initiatives emerged from a number of members of the Aceh DPR.

At its peak, after the disruption of the BSI system on May 8, 2023. The impact was really felt by the people of Aceh, the majority of whom were BSI customers.

In fact, as a result of the problem system, oil entrepreneurs (SPBU) cannot redeem Pertamina because the host to host service cannot be used so there was a fuel vacancy at gas stations.

"Conditions like this can be a lesson in taking policies. There should be another conventional bank in Aceh that has a to host system, so there is a solution when one bank is concerned," said Aceh Nahrawi Noerdin, chairman of the National Oil and Gas Entrepreneurship Association (Hiswana Migas).

In addition, Nahrawi also admitted that until now the sharia bank service in Aceh is still quite far from expectations, especially for the business world.

If this condition continues, he believes that Aceh will become an isolated area nationally and internationally in terms of financial transactions.

"Access and financial services can be enjoyed by our brothers throughout Indonesia, but cannot be enjoyed in Aceh. That has quite an impact on the business world and the Aceh economy," said Nahrawi.

The problem with the BSI system disruption then re-strengthens the pressure to change or evaluate the Aceh LKS Qanun, and open up opportunities for conventional banks to return to operations in Tanah Rencong as 5 years ago.

Discourse on the revision of Qanun LKS

Basically, the discourse on the revision of the Qanun LKS was not due to the error of the BSI system earlier last month, but had been proposed by the Aceh Government long before there was a problem with the Islamic banking.

Aceh Government Spokesperson Muhammad MTA said the Acting Governor of Aceh had submitted the plan to change the Qanun LKS to the Aceh DPR in October 2022 for further discussion by the Aceh parliament.

"Basically, the Aceh Government has agreed on the plan to revise the Qanun LKS, and in particular it has also written to the DPRA since October 2022," said MTA.

The discourse on the change, said MTA, is the aspiration of the community, especially business actors. Therefore, it is necessary to review and re-analyze the dynamics and problems of the implementation of Qanun LKS so far.

The Aceh government also opens up opportunities to return conventional bank operations to this province, one of the efforts made is to revise the Qanun LKS.

"The enhancement of the qanun reopens opportunities for conventional banks to resume operations in Aceh," he said.

MTA said that the case that happened to BSI recently could be a reference for the DPRA in perfecting the implementation and implementation of the Qanun LKS.

Until now, Islamic banking infrastructure in Aceh is considered unable to answer the dynamics and socio-economic problems, especially regarding the reality of national and international financial transactions for business actors.

As part of the Indonesian people who have national and international economic activities, the existence of conventional banking is actually not something that must be hindered.

However, strengthening Islamic banking is also a priority as an area or region that has specialities.

"Pros and cons are indeed commonplace, even so let's give DPRA time as a representation of the Acehnese people to study and analyze this Qanun LKS for a better improvement," said MTA.

Agree

Meanwhile, the Chairman of the Aceh House of Representatives, Saiful Bahri alias Pon Yahya, stated that it was time for Aceh to evaluate regulations related to Islamic finance which are currently valid in rencong land.

Pon Yahya said that the problems of the BSI error system had triggered the intention of the people of Aceh to urge the Aceh Government to re-evaluate the Qanun LKS.

"Hopefully the people of Aceh will have an alternative transaction (conventional bank) if the one banking system is disrupted as experienced by BSI," he said.

The revision of Qanun Number 11 of 2018 concerning LKS, according to him, did not erase the substance of Islamic law but only for the sake of improving legal products belonging to the Aceh Government and the Aceh DPR.

The idea of changing should also be addressed wisely because what will be changed is a man-made product that on the way there are still weaknesses.

"So the DPRA and the Aceh Government took the initiative to make several changes for the perfection and benefit of the people," he said.

However, according to him, the discourse on changing the Qanun LKS has recently been negatively addressed by several parties in Aceh, some even leading it to another direction.

In fact, the plan to change the Qanun LKS is not to remove or intend to eliminate the Islamic sharia system in the financial system in Aceh.

"So there is no desire to change Islamic law, but to provide options for Acehnese people in using financial institutions," said Pon Yaya.

In this regard, Hiswana Migas Aceh fully supports the discourse of the Aceh DPR and the Aceh Government revising the Qanun LKS so that conventional banks can operate again in Aceh.

The discourse of revising the Qanun LKS and trying to get conventional banks to operate again in Aceh is the right step so that later transactions can go through two types of banks in running a business.

"We business actors in Aceh would like to thank the Chairman of the DPRA and its members with plans to revise the Qanun LKS so that in the future if there is a disturbance in one bank, we still have other options in running a business," said Nahrawi.

Revised support also came from MSME players under the Aceh Industrial Traders Association (ASIA). Deputy Chairperson of ASIA Maimun M Nur emphasized that he had long wanted the return of conventional banks in Aceh for easy transactions.

"I've always said that in Aceh there must be a sharia bank and also conventional in Aceh," said Maimun.

Conventional banks are also needed because so far they often make transactions outside the region, especially the capital city of Jakarta, and on average all of them use conventional banks.

Therefore, he supports the discourse regarding the revision of the Qanun LKS which has been proposed by the Aceh Government to the Aceh DPR so that it can then be discussed again.

ASIA's own support because they want easy transactions in the business world currently being carried out. So the presence of conventional banks back to Aceh is a new hope for them.

Refuse

Chairman of the Aceh Ulama Consultative Council (MPU) Faisal Ali stated that the Qanun LKS does not need to be revised because it has only been 2 years, it will take up to a few more years to review again.

"If there is a shortage later, a revision will be carried out. Don't because of one bank error, a discourse has emerged to revise it. In fact, in Aceh there are still other Islamic banks," said Faisal Ali.

Faisal said that the disruption of banking transactions at BSI was only the smallest part and not only in Aceh, but also nationally. Disorders did not necessarily make Qanun LKS revised by discussing the presence of conventional banks.

MPU Aceh disagrees with the discourse of revising Qanun LKS. Let the qanun run. Later, if there are obstacles or other things, then evaluated.

MPU Aceh has the authority to give considerations to the government. If the revision of Qanun LKS is carried out, the MPU will use the authority to give views to the government.

"We have all agreed to carry out Islamic law in a caliphate or comprehensive manner, including conducting banking transactions within the framework of Islamic sharia," said Faisal.

Meanwhile, Member of the DPD RI from Aceh M Fadhil Rahmi assessed that the Aceh Government's idea to return conventional banks to Aceh through the revision of Qanun LKS was wrong.

He said, Qanun LKS is a derivative of the UUPA which is a speciality and privilege of Aceh, especially in Articles 125, 126, and 127.

Qanun LKS is the second level in improving Islamic law in Aceh after clothing, namely the field of muamalah.

"The Aceh Government's plan to return conventional banks means castration of LKS Qanun which automatically also does not heed Aceh's authority in the UUPA," said Fadhil Rahmi.

According to Fadhil, the Aceh Government should have seen more of the problems that occurred. Instead of revising the Qanun LKS to invite conventional banks to resume operations in Aceh.

According to Fadhil, the discourse of the Aceh DPR to revise the Qanun LKS due to errors on the ATM and m-bankingBSI networks in early May 2023 also seemed far-fetched.

"The thing to think about is how to strengthen the Qanun LKS itself. For example, by requiring banks operating to open branches in all regencies/cities, of course with the convenience provided," said Fadhil Rahmi.

Strive for the best solution

Chairman of the Legislation Body of the Aceh People's Representative Council (Banleg DPRA) Mawardi emphasized that his party together with the Aceh Government are still looking for the best solution to the pros and cons of Qanun Number 11 of 2018 concerning the Aceh Sharia Financial Institution (LKS).

"We and the government will always communicate, looking for a solution (about the implementation of Qanun LKS)," said Mawardi.

According to Mawardi, the controversy over the problem of Islamic financial institutions has given birth to many discussions, causing many new thoughts that can then be learned well.

The Aceh DPR, said Mawardi, did not want to revise it, but rather to an in-depth assessment. Because this process should not be carried out in a hurry. Moreover, all the points contained in the qanun have not been fully realized.

"DPRA sees this pros and cons as an effort to find the best solution, because it still needs to be carried out an in-depth study by involving experts, and all stakeholders in Aceh," he said.

The pros and cons against the revision of the Qanun LKS, continued Mawardi, do not rule out the possibility that the regulation can be revised as committed by the institution can change a legal product according to the applicable mechanism.

"Of course the DPRA must get the results of the study, what is the urgency of the revision. If it is revised, this must strengthen in order to be able to answer various problems. The economy must continue to advance and Islamic law must be implemented," said Mawardi.

Regarding the plan to change regional regulations, currently the Aceh DPR is still limited to conducting studies with experts in parliament, still reviewing the best views from a number of stakeholders in Aceh.