TADAYUN: Jurnal Hukum Ekonomi Syariah
P-ISSN: 2961-8436 | E-ISSN: 2774-4914
Vol.
6 No.
July-December 2025
SHARIA COMPLIANCE OF PNM MEKAAR SYARIAH
FINANCING UNDER DSN-MUI FATWA NO 141
Risna Agusalim Abu1.
Sitti Aisya2.
Andini Asmarini3 .
Murniati Ruslan4 Sharia Economic Law Department.
Faculty of Sharia.
UIN Datokarama Palu.
Indonesia, risnaagslm@gmail.
Sharia Economic Law Department.
Faculty of Sharia.
UIN Datokarama Palu.
Indonesia, sittiaisya@uindatokarama.
Sharia Economic Law Department.
Faculty of Sharia.
UIN Datokarama Palu.
Indonesia, andini_asmarini@uindatokarama.
Sharia Economic Law Department.
Faculty of Sharia.
UIN Datokarama Palu.
Indonesia, murniatiruslan@uindatokarama.
Doi: 10.
24239/tadayun.
Received: 24 January 2025 Revised: 23 November 2025 Accepted: 24 November 2025 Abstract This study aims to examine the sharia compliance of financing practices at PNM Mekaar Syariah Unit Botugolu based on the provisions of the National Sharia CouncilAeIndonesian Ulema Council (DSN-MUI) Fatwa No.
141/DSNMUI/Vi/2021 concerning the Guidelines for the Establishment and Operation of Sharia Cooperatives.
This research employs an empirical legal research design with a socio-legal approach, analyzing the relationship between Sharia legal norms .
as solle.
and financing practices implemented in the field .
as sei.
Data were collected through observations, in-depth interviews with management and customers, and documentary analysis of contracts and institutional operational procedures.
The findings indicate that PNM Mekaar Syariah plays a role in expanding access to capital for ultra-micro business However, the study also identifies several practices that require adjustment to better align with the fatwa provisions, particularly concerning the strengthening of sharia supervisory functions, the implementation of Murabahah and Wakalah contracts, the determination of service charges, the mandatory savings mechanism, and the application of the joint liability system, which explicit guarantee contracts have not fully supported.
This study concludes that strengthening sharia governance and refining the design of financing contracts are necessary to enhance the alignment of PNM Mekaar SyariahAos operations with the principles of justice, transparency, and public benefit in sharia economic law.
Keywords: Sharia Compliance.
PNM Mekaar Syariah.
DSN-MUI Fatwa No.
Joint Liability.
NonCommercial 0 International License Copyright A 2025 Risna Agusalim Abu.
Sitti Aisya.
Andini Asmarini.
Murniati Ruslan This is an open-access article distributed under Creative Commons Attribution-NonCommercial 4.
0 International License (CC-BY-NC 4.
Abstrak Penelitian ini bertujuan untuk mengkaji kepatuhan syariah praktik pembiayaan PNM Mekaar Syariah Unit Botugolu berdasarkan ketentuan Fatwa Dewan Syariah Nasional Majelis Ulama Indonesia (DSN-MUI) Nomor 141/DSN-MUI/Vi/2021 tentang Pedoman Pendirian dan Operasional Koperasi Syariah.
Penelitian ini merupakan penelitian hukum empiris dengan pendekatan socio-legal, yang menelaah hubungan antara norma hukum syariah .
as solle.
dan praktik pembiayaan yang berlangsung di lapangan .
as sei.
Data diperoleh melalui observasi, wawancara mendalam dengan pengelola dan nasabah, serta studi dokumentasi terhadap akad dan prosedur operasional lembaga.
Hasil penelitian menunjukkan bahwa PNM Mekaar Syariah memiliki peran dalam memperluas akses permodalan bagi pelaku usaha ultra mikro.
Namun demikian, penelitian ini menemukan beberapa praktik yang memerlukan penyesuaian agar selaras dengan ketentuan fatwa, antara lain terkait dengan penguatan fungsi pengawasan syariah, penerapan akad Murabahah dan Wakalah, penetapan imbal jasa, mekanisme simpanan wajib, serta penerapan sistem tanggung renteng yang belum sepenuhnya didukung oleh akad penjaminan yang eksplisit.
Penelitian ini menyimpulkan bahwa penguatan tata kelola syariah dan penyempurnaan desain akad pembiayaan diperlukan guna meningkatkan keselarasan operasional PNM Mekaar Syariah dengan prinsip keadilan, transparansi, dan kemaslahatan dalam hukum ekonomi syariah.
Kata Kunci: Kepatuhan Syariah.
PNM Mekaar Syariah.
Fatwa DSN-MUI No.
Tanggung Renteng.
INTRODUCTION
The Micro.
Small, and Medium Enterprises (MSME) sector is the backbone of Indonesia's economy, contributing significantly to the Gross Domestic Product (GDP).
1 However, the classic obstacle of access to capital often hinders the growth of this sector, especially for ultra-micro businesses that are unbankable.
The presence of Sharia Microfinance Institutions (LKMS) provides a strategic solution to bridge this gap through financing schemes that are not only profit-oriented but also prioritize the principles of mutual assistance .
a'awu.
and justice.
2 One of the entities that has grown rapidly in this segment is PNM Mekaar Syariah, which specifically targets underprivileged women through a group mentoring model.
Ulfa Roudhotun Nurul Janah and Frances Roi Seston Tampubolon.
AuPeran Usaha Mikro.
Kecil.
Dan Menengah Dalam Pertumbuhan Ekonomi: Analisis Kontribusi Sektor Umkm Terhadap Pendapatan Nasional Di Indonesia,Ay PENG: Jurnal Ekonomi Dan Manajemen 1, no.
: 739Ae46.
Antin Ayunda et al.
AuPeran Lembaga Keuangan Mikro Syariah (LKMS) Dalam Mendukung Ekonomi Kerakyatan Dan Pengentasan Kemiskinan Umat,Ay Jurnal Bina Bangsa Ekonomika 18, no.
: 1043Ae52.
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Along with the expansion of LKMS, sharia compliance has become an absolute requirement that cannot be compromised.
3 To ensure the purity of transactions from elements of usury, gharar, and maysir, the Ulema Council's National Sharia Board (DSN-MUI) has issued specific regulations, namely Fatwa Number 141/DSN-MUI/Vi/2021 concerning Guidelines for the Establishment and Operation of Sharia Cooperatives.
This fatwa emphasizes that all operations of sharia cooperatives, from the collection to the distribution of funds, must be in accordance with sharia Compliance with this fatwa is not merely an administrative formality, but a key indicator of the institution's credibility in the eyes of the community.
Although a regulatory and fatwa based framework for sharia microfinance is in place, recent studies suggest that the translation of DSNAeMUI standards into day to day operations remains uneven.
6 Sharia compliance in Islamic microfinance institutions depends not only on formal documentation but also on the competence, independence, and institutional authority of the Sharia Supervisory Board (DPS) to ensure that contract implementation reflects substantive contractual requirements, rather than merely adopting Arabic contractual labels.
7 On the other hand.
Murabahah contracts are often reduced to mere cash financing disguised as sales and purchases, where institutions do not bear Habib M Ghozali.
AuPengaruh Kualitas Dewan Pengawas SyariAoah (DPS) Terhadap SyariAoah Compliance Di Lembaga Koperasi Berbasis SyariAoah Perhimpunan Baitul Maal Wat Tamwil Indonesia (PBMTI) Wilayah Jawa TengahAy (Universitas Islam Negeri Saifuddin Zuhri (Indonesi.
, 2.
Dewan Syariah Nasional-Majelis Ulama Indonesia.
AuFatwa Dewan Syariah Nasional-Majelis Ulama Indonesia No: 141/DSN-MUI/Vi/2021 Tentang Pedoman Pendirian Dan Operasional Koperasi Syariah,Ay Pub.
No.
No: 141/DSN-MUI/Vi/2021 .
Anwar Junaidi.
Pemberdayaan Ekonomi Umat Melalui Koperasi Syariah (Penerbit NEM, 2.
Cahyaputri Az-Zahra.
AuAnalisis Implementasi Fatwa DSN MUI No 141/DSNMUI/Vi/2021 Tentang Pedoman Pendirian Dan Operasional Koperasi Syariah Pada Koperasi Syariah Baitul MuAomin CilengkrangAy (UIN Sunan Gunung Djati Bandung, 2.
Ghozali.
AuPengaruh Kualitas Dewan Pengawas SyariAoah (DPS) Terhadap SyariAoah Compliance Di Lembaga Koperasi Berbasis SyariAoah Perhimpunan Baitul Maal Wat Tamwil Indonesia (PBMTI) Wilayah Jawa Tengah.
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8 This shows that the biggest challenge for LKMS today is to ensure that operational practices truly reflect the substance of the contract, not just the labeling of Arabic terms.
In the context of PNM Mekaar Syariah, the group based financing model or Autanggung rentengAy .
oint liabilit.
is a unique feature and a crucial point in sharia analysis.
This system for its effectiveness in building discipline and social solidarity among members.
10 However, previous studies have tended to focus more on economic impacts 11 and women's empowerment,12 with few examining the joint liability mechanism using a rigorous fiqh muamalah analytical framework, particularly following the issuance of Fatwa DSN-MUI No.
141 in 2021.
This gap between practice and theory is clearly evident in the operations of PNM Mekaar Syariah in Botugolu Village.
Buol Regency.
Based on initial observations, financing practices in this unit raise several serious compliance issues.
First, the setting of service margins at a fixed percentage of the principal loan amount indicates a similarity to an interest scheme, which requires a review of the validity of the sale and purchase agreement.
Second, the joint liability mechanism is applied as an absolute obligation for group members to cover defaulted installments, without being preceded by a clear tabarruAo .
or kafalah .
contract from the outset.
This condition has the potential to violate the principles of justice and willingness .
n-taradi.
, which are prerequisites for the validity of muamalah transactions.
Farrel Maulana Riyadi.
AuImplementasi Akad Murabahah Dalam Perbankan Syariah Di Indonesia,Ay Socius: Jurnal Penelitian Ilmu-Ilmu Sosial 2, no.
Riyadi.
Iwang Suwangsih et al.
AuJoint Resposibility System As The Key Success Of WomenAos Cooperative Setia Bhakti Indonesian East Java Woman,Ay International Journal of Education.
Social Studies.
And Management (IJESSM) 2, no.
: 83Ae91, https://doi.
org/10.
52121/ijessm.
Agnes Monika.
Khairul Umam Khudhori, and Soleha Soleha.
AuImplementasi Program Kelompok Mekaar Syariah Dalam Mengembangkan Usaha Mikro Di Dusun CurupAy (Institut Agama Islam Negeri (IAIN) Curup, 2.
Suarsi Suarsi.
AuPeran PT.
Permodalan Nasional Madani Mekaar Syariah Terhadap Pemberdayaan Wanita Di Duampanua Kab.
Pinrang (Analisis Hukum Ekonomi Isla.
Ay (IAIN Parepare, 2.
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Therefore, this study aims to fill the gap in the literature by comprehensively analyzing financing practices at PNM Mekaar Syariah Botugolu Unit.
This study will examine the suitability of the contract mechanism, margin determination, and resolution of problematic financing in accordance with the provisions of DSN-MUI Fatwa No.
141 of This analysis is important to provide recommendations for improving sharia governance so that microfinance institutions are not only financially successful but also sharia compliant.
METHOD
This study is empirical legal research with a socio legal approach.
This approach was chosen to analyze the gap between the ideal law .
as solle.
, namely Fatwa DSN-MUI No.
141/DSN-MUI/Vi/2021, and the legal reality in society .
as sei.
, 14 namely the financing practices at PNM Mekaar Syariah Botugolu Unit.
The research was conducted in Botugolu Village.
Bunobogu Subdistrict.
Buol Regency.
Central Sulawesi.
The location was chosen based on the significance of the area as one of the largest financing bases in the subdistrict, but it was indicated to have complexities in the application of sharia contracts.
Field data collection was conducted over a period of four months, from February 2025 to May 2025.
Primary data sources were determined using purposive sampling techniques,15 with a total of seven informants consisting of one Head of Unit (Account Office.
at PNM Mekaar Syariah and six active customers representing various financing groups.
The criteria for selecting informants were based on their direct involvement in the contract process and their experience with the joint liability The secondary data included official documents such as financing contract forms, company Standard Operating Procedures (SOP.
, and the text of DSN-MUI Fatwa No.
141/DSN-MUI/Vi/2021 concerning Guidelines for the Establishment and Operation of Sharia Cooperatives.
Iman Jalaludin RifaAoi.
AuRuang Lingkup Metode Penelitian Hukum,Ay Metodologi Penelitian Hukum 6 .
Muhammad Chairul Huda and M H S HI.
Metode Penelitian Hukum (Pendekatan Yuridis Sosiologi.
(The Mahfud Ridwan Institute, 2.
Bagus Sumargo.
Teknik Sampling (Unj press, 2.
Indonesia.
Fatwa Dewan Syariah Nasional-Majelis Ulama Indonesia No:
141/DSN-MUI/Vi/2021 Tentang Pedoman Pendirian dan Operasional Koperasi Syariah.
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Participatory observation, in which researchers directly observed the Weekly Group Meetings (PKM) to see the collection process and the implementation of joint liability.
In-depth interviews to explore the legal understanding and economic motivations of the informants.
Documentation studies to verify the written clauses in the agreement.
Data validity was tested using source triangulation to compare the consistency of information between the management and customers.
Furthermore, the data were analyzed qualitatively using Miles and Huberman's interactive model, which includes data reduction .
orting relevant informatio.
, data display in the form of logical narratives, and conclusion drawing .
to assess the effectiveness of Islamic law in the microeconomic structure at the research site.
RESULTS AND DISCUSSION
Financing Practices and Operational Mechanisms at PNM Mekaar Syariah Botugolu Unit Based on field research conducted at PNM Mekaar Syariah Botugolu Unit, it was found that this institution has been operating since February 2, 2023, targeting a specific segment, namely, underprivileged women who are ultra-micro entrepreneurs.
The financing product used is a group lending scheme .
roup-based financin.
17 (National Civil Capital Mekaar Syaria.
, known as AuPermodalan Nasional Madani Mekaar SyariahAy.
The following is a detailed description of the mechanisms, agreements, and procedures applied:
Mechanism for Formation and Customer Requirements Before obtaining access to financing, prospective customers are required to form a group consisting of a minimum of 10 people and a maximum of 30 people who live in proximity to each other.
Each group is led by a Group Leader who is elected from among the members.
The initial procedure that must be followed is the socialization stage, where the Account Officer (AO) provides a comprehensive explanation of the applicable terms and operational mechanisms at PNM Mekaar Syariah.
Once prospective customers understand these rules, the Interview with Niswana, (Head of Unit (Account Office.
at PNM Mekaar Syariah Unit Botugolu.
February 3, 2.
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process continues to the eligibility test stage through a direct field visit .
to the prospective customer's residence.
This verification step aims to ensure the validity of economic conditions and business types, given that the main criteria for financing recipients are people from underprivileged families with below-average income indices who have ongoing businesses or business plans.
Administratively, the absolute requirements for applying for financing are that the applicant must be a woman aged 18-63 years old and must attach her and her husband's ID cards and family card.
declared eligible, prospective customers are required to undergo a Financing Preparation stage, which consists of intensive training for three to five consecutive days.
Attendance in the PKP is mandatory and collective, where the absence of even one member can result in a delay in the disbursement of funds for all members of the group.
Implementation of the Agreement and Disbursement of Funds The mechanism for disbursing funds is carried out collectively through groups and distributed in cash or direct transfer to each customer's account within 7-10 business days after the agreement.
The financing agreement document signed by the customer.
PNM Mekaar Syariah Botugolu Unit, stipulates the use of sharia contracts consisting of Murabahah.
Wakalah, and Wadiah contracts.
18 Technically, in the field, the process is as follows:
Financing Ceiling.
New customers generally receive an initial ceiling of IDR 3,000,000.
This ceiling can increase in the next cycle to IDR 7,000,000 if the payment history is smooth.
Contract Practice.
Upon disbursement.
PNM Mekaar Syariah transfers cash funds to customers.
According to written procedures, these funds are intended for customers to purchase goods necessary for their businesses.
Customers sign an agreement stating that they accept the authority to purchase goods, and subsequently purchase these goods from PNM in However, physically, there is no transfer of goods Interview with Niswana, (Head of Unit (Account Office.
at PNM Mekaar Syariah Unit Botugolu.
February 3, 2.
Interview with Niswana, (Head of Unit (Account Office.
at PNM Mekaar Syariah Unit Botugolu.
February 3, 2.
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Margin/Service Determination.
PNM Mekaar Syariah sets a total repayment amount that is higher than the principal loan amount.
Based on customer transaction data, for a principal loan of IDR 3,000,000, the total amount that must be repaid by the customer is approximately IDR 3,750,000.
This profit margin is set at the beginning as a flat .
rate and does not change even if there is early repayment or delay.
All financing will be subject to interest charges with two term options: 25 weeks with a 2.
5% interest rate and 50 weeks with a 0.
12% interest rate.
Similarly, financing repayments are made through a weekly installment system, paid directly to the cooperative officer during group meetings Deposit Discount Policy One specific finding in the fund disbursement process was the policy of direct fund deductions .
uto-debit in advanc.
For a disbursement of Rp3,000,000, customers did not receive the full amount of Rp3,000,000, but instead had Rp200,000 or another amount deducted in accordance with the policy in effect at the time.
PNM Mekaar explained to customers that the Rp200,000 was allocated as a AuMandatory DepositAy or frozen funds stored in the customer's account.
These funds are intended as a guarantee of commitment and a reserve.
However, customers cannot withdraw these savings at any time while the financing period is still active.
These funds can only be disbursed if the customer decides to leave PNM Mekaar Syariah membership and has paid off all their obligations.
Installment Method and Joint Liability System Installment payments are made weekly at Weekly Group Meetings (PKM).
All group members are required to attend these meetings, which are led by the Group Leader and accompanied by the AO.
Collection System.
Customers deposit their installment payments with the Group Leader, who then hands them over to the AO.
Joint Liability Practice.
If there are group members who are absent or unable to pay their installments for that week, the AuJoint LiabilityAy system applies.
All group members present are required to contribute to cover the shortfall in the customer's installment payment at that time.
Interview with Dahlia and Saida, .
oint liability group members of PNM Mekaar Syariah.
Unit Botugolu.
February 3, 2.
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Bailout Fund Status.
Money spent by other members to bail out defaulting members is recorded by the Group Leader.
In practice, defaulting members are obliged to repay the bailout money to their friends at a later date.
There is no specific written agreement signed by members regarding this risk guarantee agreement at the beginning of the group's formation, but rather it is based on the verbal rule of Auif one is sick, all are sick,Ay which is instilled during PKP training.
Risk Management Risks that commonly arise in financing include the misuse of funds for consumption, which often occurs and leads to default.
PNM Mekaar Syariah Botugolu Unit prioritizes a persuasive .
on-punitiv.
Based on an interview with the Head of the Unit.
Mrs.
Niswana,21 The cooperative does not impose financial penalties .
a'zi.
or additional interest for late payments, but instead conducts door-to-door visits and group discussions to find solutions.
In addition, preventive measures are carried out through a mentoring program that includes:
Intensive Assistance.
Starting from the planning stage to business evaluation, including technical guidance according to the type of customer's business.
Risk Management Training.
Customers are provided with materials on product diversification, cash flow management, and strategies for dealing with market fluctuations .
uch as seasonal .
Partnership Network.
Facilitates a business ecosystem between customers .
, raw material producers supplying shop owner.
to strengthen business sustainability.
However, evaluation of the program's implementation shows paradoxical results.
On the one hand, the mentoring system and requirements have been designed to be humane and in accordance with Sharia principles.
On the other hand, the effectiveness of fund utilization remains low.
Field data show that only 33.
3% .
out of 6 informant.
successfully utilized the funds productively with high commitment, while the majority were constrained by internal factors, particularly weak financial Interview with Niswana, (Head of Unit (Account Office.
at PNM Mekaar Syariah Unit Botugolu.
February 3, 2.
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These constraints were manifested in the diversion of financing funds to non-productive uses,22 failure to implement initial business plans,23 and early repayment difficulties.
24 Consequently, several informants reduced their participation in group meetings and gradually disengaged from joint liability obligations.
Analysis of PNM Mekaar Syariah's Sharia Compliance with DSN-MUI Fatwa No.
141 of 2021 The analysis of Sharia compliance in this study is based on a comparison between the operational practices of PNM Mekaar Syariah Botugolu Unit and the dictums contained in DSN-MUI Fatwa Number 141/DSN-MUI/Vi/2021 concerning Guidelines for the Establishment and Operation of Sharia Cooperatives.
This fatwa sets the minimum standards that must be met by sharia-based microfinance institutions (LKM Syaria.
in carrying out their functions.
The following is an in-depth analysis based on the classification of the fatwa provisions:
Absence of a Sharia Supervisory Board (DPS) The leadership structure of the unit, which is headed by a Unit Head, has demonstrated the implementation of the principle of cooperation .
a'awu.
through a system of groups consisting of 10 members.
This is in line with the spirit of DSN-MUI Fatwa No.
Provision Three, point 5, regarding business management through deliberation.
However, this study shows indications of non-compliance with institutional aspects, namely the absence of a Sharia Supervisory Board (DPS) in the operational structure of the unit.
In fact.
Point 1 of Provision Four of DSN-MUI Fatwa No.
141 explicitly requires that Authe Management.
Supervisors, and Sharia Supervisory Board (DPS) of Sharia Cooperatives be appointed and approved through a decision at a members meeting.
Ay The absence of the DPS means that there is no Sharia compliance filter in Interview with Asni and Sulastri, .
oint liability group members of PNM Mekaar Syariah.
Unit Botugolu.
February 3, 2.
Interview with Sabihah, .
oint liability group members of PNM Mekaar Syariah.
Unit Botugolu.
February 3, 2.
Interview with Kartini, .
oint liability group members of PNM Mekaar Syariah.
Unit Botugolu.
February 3, 2.
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the field, so that officers (Account Officer.
carry out contracts only as an administrative procedure without adequate fiqh understanding, which has the potential to allow practices that deviate from the contract.
Provisions for Fund Distribution Contracts DSN-MUI Fatwa No.
141/DSN-MUI/Vi/2021 emphasizes that sharia-based financing must comply with substantive contractual requirements, including transparency, fairness, and clarity of rights and In sale-based financing such as murabahah, this compliance presupposes the existence of a clearly identified underlying asset and the validity of transferability.
Consistent with DSN-MUI guidance on murabahah, the seller .
he institutio.
must first acquire ownership of the goods at minimum in the form of constructive ownership before reselling them to the customer, while wakalah may serve as a procurement mechanism but must not negate the substance of ownership and ownership-risk on the part of the institution.
Findings at PNM Mekaar Syariah Botugolu Unit indicates that financing disbursement was perceived by members primarily as a cash transfer rather than an asset-based transaction.
As one participant Ms.
Asni stated: AuAfter disbursement.
I only received IDR 2,800,000 as loan there was an initial deduction of IDR 200,000Ay25 This testimony suggests that the member experienced the transaction as a cash based facility, while the underlying procurement of goods and the institutionAos prior ownership central to murabahah compliance were not evident to the customer at the point of disbursement.
In murabahah implemented through wakalah.
DSN-MUI guidance requires that the financing remains substantively sale based, meaning that the transaction must be supported by a clear underlying asset and the institutionAos ownership .
t least constructive ownershi.
before resale to the customer.
26 Therefore, the participantAos account should be interpreted as an indicator of possible substantive drift toward cash financing, which warrants verification Interview with Asni, .
oint liability group members of PNM Mekaar Syariah.
Unit Botugolu.
February 3, 2.
Hani Yanti and Jamal Aziz.
AuChallenging the Claim of IjmaAo on the Prohibition of Bank Interest: A Critical Review of Murabahah Practices in Islamic Banking,Ay Al-AoAqdu:
Journal of Islamic Economics Law 5, no.
1 (October 19, 2.
: 74, https://doi.
org/10.
30984/ajiel.
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In addition, field materials and explanations reportedly described financing charges using fixed rates .
, 2.
5% for a 25-week tenor and 12% for a 50-week teno.
and, in some instances, framed them in the vocabulary of Auinterest.
Ay Analytically, such wording and rate-based framing more closely resembles conventional loan pricing than the proper articulation of murabahah as a selling price plus a disclosed margin on a specified underlying asset.
This becomes particularly salient because Fatwa No.
141 encourages the use of partnership based contracts such as musyarakah or mudharabah for productive financing, where returns should be based on profit-and-loss sharing, not fixed predetermined returns.
Hence, the use of fixed rate expressions should be treated as .
a potential terminological deviation and .
a warning signal of possible contractual misalignment, depending on whether the institution can demonstrate a valid murabahah sequence with a genuine underlying asset and an agreed selling price structure.
This inconsistency is further reflected in customersAo terminology, where several participants described the transaction as a AuloanAy rather than Aufinancing,Ay suggesting incomplete dissemination of sharia contract concepts at the grassroots level and reinforcing the need for stronger disclosure, documentation, and sharia governance in contract Mandatory Savings Deduction Provisions Fatwa No.
141 The Second Provision does indeed justify the collection of funds from members in the form of Basic Savings.
Mandatory Savings, and Other Savings using a syirkah contract.
In terms of regulations, mandatory savings are savings that do not have to be of the same amount that members are required to pay to the cooperative at a certain time and on certain occasions, which cannot be withdrawn as long as the person concerned is a member.
The practice of deducting Rp200,000 in cash from PNM Mekaar Syariah Unit Botugolu, which is claimed to be a Aumandatory depositAy, does not comply with the provisions of the two agreements.
This distorts the value of the contract, as deducting savings from the murabahah funds causes customers to owe Rp3,000,000 .
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received is only Rp2,800,000.
This violates the principle of fairness in Because these savings are frozen .
hey cannot be withdrawn while the member is still a membe.
, they function as collateral.
Taking collateral in the form of money that comes from the debt itself leads to the practice of Rahn al-Nuqud .
oney paw.
, which potentially does not comply with sharia provisions due to the use of collateral funds by the cooperative without a clear, separate mudharabah contract.
Pawning money from the debt itself (Rahn al-Nuqu.
, which is deducted directly from the principal disbursement, contains elements of gharar .
and zhalim because it reduces the customer's right to benefit from the borrowed funds in full, while the service margin is calculated from the total gross ceiling before deductions.
Problem Handling and Liability The PNM Mekaar Syariah Cooperative has demonstrated excellent compliance in terms of problem resolution.
Its persuasive and educational approach, as well as its policy of no penalties/interest for late payments, are in line with the Ninth Provision point a and the principle of la dharar wa la dhirar mandated by the Fatwa.
However, on the other hand, the implementation of the AuTanggung RentengAy system has the potential for violations if it is not based on the right contract.
Requiring members to forcibly cover the defaulted installments of other members .
without a Kafalah .
or Tabarru' .
agreement that is voluntarily agreed upon at the outset has the potential to violate the property rights of individual members.
Members responsibilities should be limited to the capital they contribute, as stipulated in Institutional Provision point 3 of Fatwa No.
141, rather than covering the debts of others without limit.
Implications for Program Effectiveness The various implementation irregularities above correlate directly with the low success rate of the program.
Data shows that only 33.
3% .
out of 6 customer.
successfully and productively utilized the funds.
The majority of customers .
7%) used the funds for consumptive needs, which indicates weak supervision and guidance.
In accordance with Provision Four point 4, losses caused by negligence in management or deviations from Sharia procedures are actually the responsibility of the TADAYUN Vol.
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July-December 2025 | 193 Table 1 Comparison of PNM Mekaar Syariah Cooperative Financing Practices in Botugolu Village with DSN-MUI Fatwa No.
141/DSN-MUI/Vi/2021 Aspect Fatwa Practice Status Description Institutio Structure Only have Management Supervisors.
Board of Supervisory Sharia (DPS) Not Compli Absence of the DPS the provisions Obligatio ns of the Manage Program Auprinsip syariah, nilai usaha dan usahaAy There is in accordance of Sharia Business Manage Provisions Fourth point 1: "The Management.
Supervisors, and Sharia Supervisory Board (DPS) of Sharia Cooperatives are appointed and approved a decision at a members' Fourth Provision, 2: "The are obligated to carry out .
that in accordance with Sharia principles and rules, and not from them" Provisions Third point 5:
"Management of Sharia Cooperative Management is delegated .
by Management is carried out of and weekly Implementatio n of the has been 194 | Vol.
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No Aspect
types of Principle s of Producti Financin
TADAYUN
Fatwa partners/mem To the Management mechanism of (Members' Meetin.
" Provisions Sixth point 7: "And principles of of the business run by Sharia in its business other than bit tamlik, musytarakahAy Terms Six points 1: Sharia Sharia can in the form of based on results in Practice Status Description Using the Murabahah Wakalah and Wadiah, with 5% service fee system 5% .
and 12% .
Less Approp The fixed system is not yet optimal.
Profit-loss
sharing uses usyarakah with profit-loss
Fund Loan
IDR 3,000,000
-IDR 7,000,000
for business with fixed Less Not yet Suitable implementing the profitsharing principle in Vol.
6 No.
July-December 2025 | 195 No Aspect Fatwa Practice Status Description Using the "financing" formally, but refer to it as "loan" Inconsi Inconsistency in Terminology Practice of deducting an initial fee of IDR 200,000 from each Rp3,000,000 Aumandatory savingsAy Not in Deduction the principles and informed directly from amounting to Rp200,000 Not Implementatio n does not Mandatory should be paid with Sharia Contract Terminol Equity n of Provisions First point 1: "Contract is a bond of offer and acceptance in with the will of the Sharia on the object of the Provisions Fifth point 2.
Capital own/equity sharia can come from "Principal Mandatory Deposits that use .
" Provisions First point 9: "Savings Savings are a cash deposit That must not be the same amount that members must pay to the cooperative at 196 | Vol.
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No Aspect Financial Transpar Dispute Resolutio Fatwa a certain time which cannot be withdrawn as long as the concerned is a Openness of information to Ninth Provision, point a:
"Dispute must be based on Internal Ninth Sanction Provision.
Mechanis point b:
Cooperatives may impose sanctions that do not conflict Responsi Fourth bility for provision.
Losses point 4:
"Losses caused by negligence TADAYUN Practice Status Description Lack of regarding the details of and the use of A "persuasive such as home visits and penalties or late fees Financi Financial Transpa for members Compli Applying the principle of la dharar wa la The may impose sanctions if the customer continues to Low success rate .
3%),
The majority of customers use the funds In accordance with the provisions of internal Sharia Improv The monitoring and guidance system needs to be Vol.
6 No.
July-December 2025 | 197 No Aspect Fatwa or violations are the of the Ay Sharia Second Complian provision, point 1:
Principle "Sharia must operate in accordance with Sharia Empower Objective Principle Cooperat Principle of Justice Principle of Trust Economic of the community in with Sharia Third point 1:
Principles of .
a'awu.
and assistance in the Islamic Second point 2:
Applying the principle of fairness ('is') in all Second Practice Status The on of with a fixed service fee system is closer to the s of 6 groups With 60 focusing on ed women Description to prevent Not in The n is not yet fully in with pure Sharia Approp The target is The joint system in groups of 10 Approp The n of the principle of cooperation is Initial without full Of may Less Approp 7% of customers do Not in More transparency is needed in the of the savings scheme Weak 198 | Vol.
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No Aspect Fatwa Practice point 3: Apply the principle of trust and not use funds in accordance with the .
or Status Description n of the principle of s on the part of Source: authorAos analysis Reconstruction of Financing Practices Sociologically speaking, it cannot be denied that the presence of PNM Mekaar Syariah in Botugolu Village has served as a vital economic safety valve.
27 For underprivileged communities that are unbankable, this institution is the only source of quick and easy access to capital without complicated physical collateral.
28 However, when the institution decided to transform itself using the Sharia label, there was a logical consequence that its operations could not simply change their appearance.
Compliance with DSN-MUI Fatwa No.
141 is not an obstacle, but rather an effort to protect the blessings of transactions and not oppress customers with a system that has the potential to not meet Sharia requirements.
Based on the above gap analysis, reconstruction measures are needed to bring the operations of PNM Mekaar Syariah Botugolu Unit back into compliance with sharia.
The following are recommendations for improving practices with reference to the provisions of DSN-MUI Fatwa No.
Fikhi Utari.
Noprizal Noprizal, and Citra Puspa Permata.
AuAnalisis FaktorFaktor Yang Mempengaruhi Tingkat Pendapatan Masyarakat Dalam Pengelolaan Pembiayaan Dari Pnm Mekaar Syariah Di Desa Ujung TanjungAy (Institut Agama Islam Negri Curup, 2.
Sari Anggraeni and Helmi Maulana.
AuThe Transformation of Conventional Cooperatives Into Sharia Saving And Financing Cooperatives (KSPPS): Study on KSPPS Tunas Artha Mandiri.
Banjarsari- Ciamis,Ay SyariAoah Economics 6, no.
https://doi.
org/10.
36667/se.
Joni Sandri Ritonga et al.
AuImplementasi Fatwa DSN-MUI Dalam Produk Perbankan Syariah: Antara Kepatuhan Dan Tantangan,Ay Jurnal Pendidikan Dan Ekonomi Harapan 4, no.
Neni S R I Imaniyati and Panji Adam.
AuThe Fatwa Position of DSNMUI in The National Banking System,Ay Mimbar 33, no.
: 142Ae48, https://doi.
org/10.
29313/mimbar.
TADAYUN
Vol.
6 No.
July-December 2025 | 199 The first fundamental step is the institutionalization of sharia supervision through the establishment of a Sharia Supervisory Board (DPS) approved at a Member Meeting, as mandated by Provision Four of DSN- MUI Fatwa No.
Ideally.
Botugolu units should have DPS representatives or at least a periodic supervision mechanism from the Central DPS that functions to verify the validity of contracts, not just financial audits.
This must be supported by improving the competence of field officers (Account Officer.
through fiqh muamalah training, so that they are able to explain contracts to customers as sacred religious legal bonds, not just administrative procedures.
Empirical studies confirm that the institutionalization of Sharia Supervisory Boards (DPS) through formal member approval is a critical prerequisite for effective sharia governance in Islamic cooperatives.
However, the mere existence of DPS is insufficient if its role is limited to administrative or financial oversight.
Research shows that many DPS fail to conduct substantive supervision over contract validity and operational practices, resulting in a gap between normative sharia principles and field 31 This condition is further exacerbated by the limited fiqh muamalah competence of account officers, who often perceive sharia contracts as procedural requirements rather than binding religious legal Therefore, strengthening DPS authority and enhancing field officersAo sharia literacy are essential to ensuring genuine sharia Furthermore, the financing mechanism should be refined to mitigate indicators of substantive drift toward qardh and thereby reduce the risk of riba al-qardh in cases where an increment is predetermined over a debt like structure.
If the cooperative continues to maintain the murabahah contract, then the availability of goods or the application of the wakalah contract must be ensured with strict procedures that require customers to submit proof of purchase as a condition for a valid sale and Azka Amalia Jihad et al.
AuThe Role of the Supervisory Board in the Development of Sharia Cooperatives in Aceh After the Enactment of the Sharia Financial Institutions Law,Ay Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 8, no.
: 1054Ae 76, https://doi.
org/10.
22373/sjhk.
Eri Susanto et al.
AuAnalisis Problematika Dewan Pengawas Syariah Terhadap Pendamping Koperasi Syariah,Ay Syarikat: Jurnal Rumpun Ekonomi Syariah 6, no.
399Ae409.
200 | Vol.
6 No.
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The profit margin must also be converted into a clear rupiah amount based on the cost price of the goods, rather than using a flat percentage of the credit limit.
However, for productive business capital financing, it is recommended that cooperatives switch to using mudharabah or musyarakah contracts.
In this scheme, the return of funds is based on the realization of the customer's business profits .
rofit sharin.
, not fixed interest, so that if there is a business loss that is not caused by negligence, the cooperative also bears the financial risk.
In addition to improving financing agreements, transparency in the management of mandatory deposits also needs to be corrected, particularly by stopping the practice of direct deductions, which reduces the value of the funds.
Mandatory deposits and principal deposits should be made in separate transactions after the financing funds have been handed over in full to the customer, in order to ensure that the qabdh .
ransfer of ownershi.
requirement is met.
The purpose of the deposit agreement must also be clarified.
Finally, the joint liability arrangement currently practiced should be formalized through an explicit Shariah based contractual framework, so that it may be transformed from a practice that can generate coercive peer pressure into a compliant instrument of mutual assistance .
This reconstruction requires additional ex ante agreements at the moment the group is formed, either by .
structuring the arrangement as kafalah .
with clearly defined pillars, scope, and enforcement procedures,32 or .
creating a Tabarru Fund in which members voluntarily commit to periodic contributions that are treated as donations earmarked to support members facing payment difficulties.
Such formalization is particularly urgent because empirical evidence in group-financing practice indicates that members may be required to make mandatory contributions .
to cover the defaulted installments of other members, including cases where members are collectively asked to pay the arrears of a delinquent borrower.
33 Without a clear contractual basis.
Udin Saripudin.
AuSistem Tanggung Renteng Dalam Perspektif Ekonomi Islam (Studi Kasus Di UPK Gerbang Emas Bandun.
,Ay Iqtishadia 6, no.
: 379Ae403.
Kusnul Kotimah and Titi Rahayu.
AuPerspektif Peraturan Tanggung Renteng Pada Pinjaman Modal Usaha Oleh PNM Mekaar Ditinjau Dari Hukum Ekonomi Syariah,Ay Iqtishodiah 6, no.
: 92Ae103.
Ahmad Kamalul Fikri and Ubaidillah.
AuSistem Tanggung
Renteng Dengan Akad Kafalah Pada Produk Paket Masa Depan (PMD) Di BTPN Syariah
TADAYUN
Vol.
6 No.
July-December 2025 | 201 this practice risks undermining the requirement of voluntary consent in muamalah, which demands transactions be conducted without coercion.
From an implementation perspective, both options require realistic financial and Shariah literacy interventions.
In the Tabarru Fund option, members must understand that contributions are structured as charitable allocations, and therefore the fund functions as a collective safety net rather than a recoverable personal claim.
However, given that customer profiles in microfinance programs are often dominated by economically vulnerable groups, requiring regular Aunon-recoverableAy contributions may trigger resistance because it can be perceived as an additional burden under constrained household finances.
Conversely, if using the kafalah contract option, it must be emphasized that, according to fiqh, the guarantor .
has the right of ruju' .
ight of recours.
to the guaranteed party .
akful 'anh.
after paying the debt.
34 This means that when a member pays off his friend's installments, according to Sharia law, he has the right to claim compensation at a later date, rather than being forced to simply forgive the debt.
With this clear formalization of the contract at the outset, the joint liability system no longer constitutes social exploitation in the name of solidarity or coercion .
,35 but rather becomes a legitimate legal mechanism to ensure that the property rights .
ifz al-ma.
of each member remain protected.
CONCLUSION
Based on an analysis of DSN-MUI Fatwa Number 141/DSNMUI/Vi/2021, it is concluded that the implementation of financing at the PNM Mekaar Syariah Cooperative Botugolu Unit does not fully meet Sharia compliance standards.
Indications of non-compliance were Pekalongan Dalam Perspektif Hukum Islam,Ay Ahkam: Jurnal Hukum Islam Dan Humaniora 2, 4 .
: 773Ae85.
Fikri and Ubaidillah.
AuSistem Tanggung Renteng Dengan Akad Kafalah Pada Produk Paket Masa Depan (PMD) Di BTPN Syariah Pekalongan Dalam Perspektif Hukum Islam.
Ay Iip Nurul Topani and Alan Yati.
AuPenerapan Sistem Tanggung Renteng Pada Nasabah Dalam Perspektif Hukum Ekonomi Syariah ( Studi Pada BTPN Syariah Cabang Lampung Tengah ),Ay IQTISHAD SHARIA: Jurnal Hukum Ekonomi Syariah Dan Keuangan Islam 1, no.
: 55Ae67.
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identified in the absence of a Sharia Supervisory Board (DPS) in the structure of the institution, as well as distortions in the practice of contracts, which, in substance, functioned like cash loans (Qard.
with a fixed rate of return .
ixed rat.
without verification of the object of the In addition, the mechanism of direct deductions from mandatory savings from disbursement funds and the application of joint liability that is not based on Kafalah or Tabarru' contracts is considered to violate the principles of transparency, fairness, and voluntariness in transactions.
Nevertheless, cooperatives have demonstrated alignment with sharia principles in the aspect of dispute resolution, which prioritizes a persuasive approach without financial penalties .
a'zi.
To improve their operations, this study recommends the need for a comprehensive reconstruction that includes the institutionalization of sharia supervisory functions, the purification of financing contracts to be based on pure profit sharing or real sales and purchases, and the formalization of guarantee contracts in the joint liability system.
These steps are crucial to transform practices that are merely labeled as sharia into operations that are substantially compliant with Islamic law and bring blessings to underprivileged customers.
REFERENCES