Nor, Risnawati (2023) ANALISIS LAYANAN CROWDFUNDING BERBASIS DONASI (DONATION BASED CROWDFUNDING) PERSPEKTIF HUKUM POSITIF DAN HUKUM EKONOMI SYARIAH. Tesis, Pascasarjana.

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ABSTRAK

ABSTRACT Nor Risnawati. NIM 210211040104, Analysis of Donation Based Crowdfunding Services from Sharia Economic Law Perspective Supervisor (I) Prof. Dr. Syaugi Mubarak Seff, MA and Supervisor (II) Dr. Mahmud Yusuf, M. Si, at the Sharia Economic Law / Postgraduate Study Program at UIN Antasari Banjarmasin. Keywords: Analysis, Donation Based Crowdfunding, Positive Law, Sharia Economic Law The development of information and communication technology has had an impact and caused rapid changes in the social, economic and cultural fields. Technological developments and changes in increasingly sophisticated times have also influenced donation collection activities, which previously were only done face to face and in person, but can now be done through media platforms with online systems connected via the internet network. Financial technology or commonly abbreviated as fintech is the use of technology to provide financial solutions. Crowdfunding is a form of financial technology. There are four types of crowdfunding in society, namely equity-based crowdfunding, debt-based crowdfunding, reward-based crowdfunding and donation-based crowdfunding. This research is a type of normative juridical research using a statutory and regulatory approach and a context approach. The data analysis technique used in this research is a deductive technique by exploring general data and then drawing specific conclusions. This research focuses on discussing analysis related to regulations for implementing donation-based crowdfunding and analysis of the application of donation deductions in the implementation of donation-based crowdfunding. The results of this research indicate that the regulations related to the implementation of Donation Based Crowdfunding have not been able to accommodate the implementation of collecting donations which has experienced changing times and rapid developments at this time, giving rise to legal problems, namely the lack of accommodation for PUB organizers who are individuals or communities, so that this happens. legal requirements, the absence of a Special Supervisory Institution outside the Ministry of Social Affairs that supervises the implementation of Donation Based Crowdfunding, the low level of sanctions given to perpetrators of misappropriation of donation funds and the absence of regulations regarding the protection of donors' rights. Meanwhile, the discounted costs used as operational costs by the platform are in accordance with the concept of ujrah in sharia economic law and the contract used between the parties, namely wakalah bil ujrah.

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