ANALISIS HUKUM BITCOIN DALAM PERSPEKTIF FATWA MUI NO: 116/DSN-MUI/IX/2017 TENTANG UANG ELEKTRONIK SYARIAH

Abstract

This thesis is entitled "Bitcoin Legal Analysis in MUI Fatwa Perspective No. 116 / DSN- MUI /IX / 2017 Concerning Sharia Electronic Money”. This research is motivated by the use of Bitcoin as a digital transaction tool, then in 2017 DSN-MUI issued a Fatwa contained in DSN- MUI Fatwa Number 116 / DSNMUI / IX / 2017 concerning Sharia Electronic Money. The presence of the fatwa was accompanied by Bank Indonesia's steps in reforming all regulations regarding electronic money, especially in terms of regulations, right on May 7, 2018, Bank Indonesia issued the regulation on Electronic Money No. 20/6 / PBI /2018. The purpose of this study is to analyze the practice of Bitcoin in Indonesia, and analyze the Bitcoin legal review according to Fatwa No. 116 / DSN-MUI / IX / 2017 concerning sharia electronic money in the perspective of al-shari'ah magasid.

This type of research is a literature study, with data in the form of MUI Fatwa transcript No. 116 / DSN-MUI / IX / 2017 concerning Islamic Electronic Money. The research subject is the propositions used in formulating fatwas. The data obtained were analyzed content analysis. First, the review of bitcoin legal review according to Fatwa No. 116 / DSN-MUI / IX / 2017 concerning Sharia electronic money in the perspective of sharia maqashid is forbidden (haram) because it contains maysir (gambling). Dominant bitcoin transactions aim at investing by utilizing fluctuations in the value of bitcoin that are always fluctuating by buying at low prices and selling at high prices. Thus, it can be stated that bitcoin cannot be sharia electronic money in terms of MUI fatwa No. 116 / DSN-MUI / IX / 2017 concerning Islamic Electronic Money. Second, a review of bitcoin law in Bank Indonesia Regulation No. 20/6 / PBI / 2018 concerning Electronic Money stated that: bitcoin is not a currency in units of Rupiah, its exchange rate is very volatile so it is susceptible to bubble risk, there is no responsible authority and no official administrator, no underlying assets underlying bitcoin prices, and low consumer protection.