Kamis, 26 Desember 2013

CAPITAL MARKET INSTRUMENTS

Siti Umiul Ni’mah (11220096)
CAPITAL MARKET INSTRUMENTS
Capital market instruments other than realized in the form of shares , also can be realized in the form of bonds ( sukuk ). The word comes from the Dutch bonds , which obligate or obligaat, which means an obligation that can not be abandoned or debentures of a borrowing country or region or the company with a fixed interest rate. In the Islamic bonds known as sukuk. Understanding bonds ( sukuk ) in the Islamic capital market has a broader meaning , which has some of the contract that can be used.
Sukuk is the Arabic word that can be interpreted certificate. Based on the results of the decision No.IX.A.13 regulation of Bapepam - ​​LK No. : KEP-130/BL/2006 concerning the issuance of Islamic securities, Sukuk are Islamic securities definition of a certificate or proof kepemlikan the same value and represent an integral part of the investment or divided above:
1)      Ownership of certain intangible assets
2)      The value of the benefits and services of the assets of certain projects or certain investing activities
3)      Ownership of assets of certain projects or certain investing activities.[1]
Ø  Principles of Islamic bonds
After the company issuing Islamic bonds , then the company must carry out the principles that govern the Islamic bonds . Principles of Islamic bonds , among others:
a.       Financing for a transaction or a specific business activity , which must be held separate accounting to determine the benefits that arise
b.      Results of the owner of the funds received investment is a function of the benefit received by the company from the proceeds from the sale of bonds , not from other business activities
c.       Must not provide assurance that operating results solely a function of time of money ( time value of money )
d.      Bonds can not be used to replace existing debt ( bay al dayn bi al- dayn )
e.      If the owner does not have to bear the loss of funds , the business owner must commit ourselves ( aqad allowed but not required )
f.        The owner may accept funds from revenue sharing ( revenue sharing ) , where the owner of the business ( the issuer ) bind themselves to limit the use of income as a business expense
g.       Bonds can be sold back , either to the owner or other funds to the issuer ( if in accordance with the provisions)
h.      Bonds can be sold below par value ( initial capital ) if the company suffered losses
i.         Changes in market value does not mean the change in the amount of debt.[2]



[1] Nurul Huda dan Mustofa Edwin Nasution.  Investasi Pada Pasar Modal Syariah. (Jakarta: Kencana, 2007), H. 85-86
[2] Burhanuddin. Aspek Hukum Lembaga Keuangan Syariah. (Yogyakarta: Graha Ilmu, 2010), H. 140-141

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