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.