Perbedaan dan Kelebihan P2P Lending Syariah

Perhatian: tulisan ini ditulis berdasarkan informasi yang saya terima dari para staf p2p lending syariah. Sebagai nonmuslim saya sendiri bukan ahli investasi syariah, jadi tulisan ini bukan berisi dakwaan melainkan meneruskan dan mengkompilasi informasi saja.

Bagi beberapa lender yang investasi nya harus berbasis syariah, maka penting untuk memilih penyelenggara P2P lending yang sesuai dengan prinsip syariah.

Menurut saya, ada 3 ‘jenis’ compliance penyelenggara perihal syariah:

1. Konvensional

Yang masuk kategori ini adalah mayoritas penyelenggara yang tidak menggunakan akad syariah dan memang tidak bersertifikasi syariah. Contohnya sangat banyak, apapun yang tidak disebutkan dibawah.

2. Akad Syariah tanpa Sertifikasi Resmi

Penyelenggara yang masuk kategori ini adalah mereka yang akad perjanjiannya menggunakan prinsip syariah, mengelola proyek secara syariah, namun belum lolos sertifikasi syariah dari MUI. Contohnya adalah Amartha dan iGrow.

3. Sertifikasi Resmi Syariah

Penyelenggara yang masuk kategori ini sudah lolos fatwa DSN MUI. Contohnya adalah Ammana, ALAMI, dan Investree. Tentunya p2p yang masuk klasifikasi inilah yang harus anda pilih bila memang ingin pendanaan yang sesuai dengan prinsip syariah sepenuhnya.

Perlu dicatat bahwa 3 klasifikasi tersebut tidak ada hubungannya dengan status terdaftar atau berizin. Misalnya, p2p dibawah ini sudah lolos fatwa MUI tapi statusnya masih terdaftar, belum berizin:

Apa Perbedaan P2P Syariah?

Menurut saya, perbedaan p2p syariah bisa dinilai ‘signifikan’ atau ‘menial’ tergantung siapa yang melihatnya. Bagi pendana yang memang paham tentang prinsip syariah, maka perbedaannya akan kelihatan sangat mencolok. Sebaliknya, pendana yang kurang memahami prinsip syariah, maka perbedaan-perbedaan dibawah ini kelihatannya tidak signifikan.

Tujuan Pendanaan atau Pembiayaan

Peminjam harus berkomitmen bahwa dana yang diberikan ke mereka tidak boleh digunakan untuk kegiatan yang bertentangan dengan prinsip syariah, misalnya perjudian, kegiatan yang merusak moral, dan produk pornografi.

Isi Akad atau Perjanjian

Tidak boleh ada potensi multitafsir. Misalnya, segala sesuatu diekspresikan dengan angka eksak, bukan persentase. Penjabaran syarat dan ketentuan harus didefinisikan sejelas-jelasnya. Tanggal jatuh tempo juga dicantumkan jelas (28 Januari 2021) ketimbang dalam satuan ‘hari’. (98 hari).

Otoritas yang Mengawasi

Bila konvensional hanya diawasi oleh dua pihak yaitu AFPI dan OJK, maka P2P syariah diawasi oleh tiga pihak yakni AFSI (Asosiasi Fintech Syariah Indonesia, Dewan MUI (Majelis Ulama Indonesia), serta OJK.

Jajaran Manajemen

Harus ada satu orang perwakilan dari MUI yang bertindak sebagai penasihat di jajaran manajemen penyelenggara.

Denda Keterlambatan

Tidak boleh dikenakan, karena termasuk riba. Denda keterlambatan hanya boleh dikenakan atas asas ganti rugi, itupun tidak boleh bersifat compounding (bunga berbunga).

Contoh ganti rugi:

Dalam proses penagihan keterlambatan, penyelenggara mengeluarkan uang untuk transportasi dan komunikasi, maka boleh mengenakan denda ke borrower sebesar biaya transportasi dan komunikasi tersebut.

Kelebihan P2P Syariah

Kelebihan p2p lending syariah bagi lender syariah maka sudah jelas yakni dari segi compliance keagamaan, namun bagi lender konvensional (non-syariah) maka juga bisa menikmati satu kelebihan p2p syariah yakni transparansi.

Dalam tiga p2p lending syariah yang saya sudah coba, identitas borrower dibuka dengan gamblang dalam akad perjanjian, sehingga kita bisa mempelajari langsung latar belakang peminjam untuk analisa risiko. Dalam p2p lending konvensional, identitas borrower disembunyikan, dan hanya payor/bouwheer/pemberi proyek nya saja yang bisa dipelajari.

Satu informasi kecil tersebut sangat berarti sekali karena dalam p2p lending uang lender lah yang dipertaruhkan, bukan uang penyelenggara, sehingga lender sebenarnya memang berhak atas informasi selengkap-lengkapnya tentang si borrower. Jadi p2p lending syariah sudah di langkah yang benar, sedangkan untuk konvensional malah ngaco.

Kesimpulan

Saya bukan investor syariah dan tidak berkompetensi di bidang tersebut. Pandangan saya, sertifikasi syariah merupakan ‘extra mile’ yang patut dihargai bila ada. Tentunya, p2p lending syariah memiliki sasaran market yang lebih luas daripada p2p konvensional, karena baik investor konvensional maupun syariah keduanya akan bisa menggunakannya tanpa halangan apapun. Sedangkan p2p konvensional tidak bisa menyasar investor syariah karena halangan moral.

Adrian Siaril
Adrian Siaril

The boss

Articles: 599

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