Cutting Administrative Fee of Islamic Bank Saving Connected with The Sharia Principle According to The Act Number 21 of 2008 Concerning Sharia Banking

Abstract

Administrative fee are inevitable in banking activities including in Sharia Banks. The problems arises because the cost of the administrative process becomes a provision for the realization of a financial institution. In such a position there are those who feel benefited and also feel disadvantaged. This administrative fee is associated as a “back door†of usury. When usury is prohibited, then the term administration fee is used instead. From the background, the problems are: (1) How do the contract used in Islamic Bank saving associated with the sharia principle according to the act number 21 of 2008 concerning Sharia Banking? (2) How to cut administrative fee in Islamic Bank saving associated with the sharia principle according to the act number 21 of 2008 concerning Sharia Banking?. Research method used the Normative Juridical approach. The research specification used the Descriptive Analytical. Analytical techniques that used by the author is Normative Qualitative. As well as data collection techniques used in this study is literature study, to collect secondary data by studying the concepts, theories or rules or policies applicable and closely related to the subject matter. The result of this research are: (1) The contracts used in Islamic Bank saving are wadiah and mudharabah contracts. The contract should not conflict with sharia principles, there should be no elements like Riba, Maisir, Gharar, Haram, and Zalim. (2) Cutting administrative fee in Sharia Bank savings associated with sharia principles does not contain elements like Riba, Maisir, Gharar, Haram, and Zalim.