Tinjaun Yuridis Terhadap Kesiapan Kewajiban Spin Off Bagi Unit UsahaSyariah (UUS) Menjadi Bank Umum Syariah (BUS)

Abstract

Law Number 21 of 2008 concerning Sharia Banking in Article 68 paragraph 1 and Article 40 Article 40
PBI No. 11/10/PBI/2009 mandates that every Sharia Business Unit (UUS) which is a sharia unit in a
Conventional Commercial Bank (BUK) to separate itself (spin-off). and it is explained that UUS is obliged
to separate into BUS if the value of UUS assets has reached 50% (fifty percent) of the total asset value of
its parent BUK. The spin-off time is no later than 15 (fifteen) years from the enactment of the law, namely
2023. The aim of this writing is to determine the impact of the spin-off on UUS by analyzing the solutions
that can be offered. The research results show that it is necessary to review Law Number 21 of 2008
concerning Sharia Banking by considering the financial condition of UUS. Apart from that, UUS which
has carried out a spin-off by becoming a new BUS can optimize the use of Third Party Funds in the form
of financing and other services. In order to encourage BUS growth, support from the government is
needed, such as providing tax incentives and simplifying regulations on capital participation. Apart from
that, the new BUS needs to carry out various innovations by adding financing products and developing
existing products. This research aims to determine the readiness of the Spin Off obligation for UUS to
become a BUS and the issue of readiness to fulfill the obligations of UUS to become a BUS in July 2023.
Keywords: Spin-off Obligations, Sharia Business Units (UUS), Sharia Commercial Banks (BUS)