The Basic of Agreement Syirkah Mudharabah in the Establishment of a Limit Company

Abstract

This research is conducted based on the background of the existence of a business entity in the Indonesian civil law system such as Limited Liability Companies which are currently most widely used in economic and business activities in Indonesia which from the beginning, it never been based on a corporate system such as syirkah in its various forms, so that there is no concept of a business entity based on the provisions of Islamic law. Whereas the practice of establishing a business entity that is managed using the principles of shari`ah has been and will continue to develop. The research method used is a Normative Juridical Research with an approach; Legal Philosophy Approach, Statute Approach, Conceptual Approach, Analytical Approach, and Comparative Approaches. This research produces conclusions; The mudharabah syirkah contract is very relevant to the demands of sharia business development and can be the basis for reconciling or perfecting the agreement for forming a Limited Liability Company (PT). This contract concept model embodies equality, balance and proportionality between allies which is reflected in the arrangements regarding the proportion of capital, the percentage of profits and losses as well as the termination of the Limited Liability Company so that it is relevant to the needs of the formulation of an equitable Limited Liability Company Agreement and following sharia principles.