THE EFFECTIVENESS OF INTEREST-FREE LOAN FINANCING (QARDHUL HASAN) AS THE SOCIAL IMPLEMENTER OF ISLAMIC BANK TO REDUCE POVERTY IN SURAKARTA

The function of Islamic banks is not only to eliminate the interest system in its operational system, but also take a role to improve social welfare. Islamic banks have programs that can be used in the context of eradicating poverty, it is interest-free loans ( qardhul hasan ). Interest-free loan financing ( qardhul hasan ) is a social loan which is provided free of charge without any charges except returning its capital. This study is intended to examine how the implementation of interest-free loans ( qardhul hasan ) by Islamic bank and to know the extent of which the financing of interest-free loans ( qardhul hasan ) can alleviate poverty in the society. This research is none of doctrinal research. The research location is in Islamic bank in Surakarta. The output of this research is publication on national journal.The financing of Al-qardhul hasan itself has not got attention from Islamic bank as the realization of the social function of Islamic banking. Islamic banking products are more oriented to the the programs which contains the value of profit / profit so that interest-free loans ( Al-qardhul Hasan ) has not taken yet as a role in efforts to alleviate poverty.


A. INTRODUCTION
Nowadays, poverty is still a serious problem that should be solved by the government and society. Based on the data In 2014, based on BPS data the number of poverty reached 28.28 million people or reached 11.25 percent by the population total. He said that although the percentage of poor population tends to decline, the number of poor people continues to increase. This is seen since at least 2013. In the year 2013, the poor 11.37 percent with the number reached 28.07 million people. The number of poor people in 2015 is predicted to reach 30.25 million people or about 12.25 percent of the total Indonesia's population.
422 Yustisia Vol.6 No. 2, May-August 2017 The Effectiveness Of Interest-Free....... One of the advantages of Islamic banks is to make the debtor as a business partner. For example, in implementation the principle of profit sharing (akad musyarakah and mudharabah) necessitates a risk of joint loss for both the bank and the debtor. The success of the debtor's business is as an indicator of the success of the Islamic bank, while the application of the interest system in the conventional banking necessitates a definite profit from the debtor in the percentage, even if the debtor itself suffers a loss in its business. In other words, the bank does not want to know the difficulties of its clients. This benefit becomes a point for Islamic banks to be a friendly financial institution with the community. Islamic banks can proactively empower their debtors both in terms of performance improvement and moral coaching.
The Islamic bank products are not only business-oriented, but also as socio economical benefits. One of the products of Islamic banks that have a social function is the financing of interest-free loans (qardhul hasan). The financing Al-qardhul hasan is a finance facility provided on the basis of obligations for mutual-help purposes of which the borrower is only required to return the principal of the loan without any additional incentives or profit margins, unless the voluntary borrower exceeds the payment. If there is any surplus in the refund, the Islamic bank will refund being the source of the qardhul hasan financing fund. This funding can be used to finance the poor economic growth (dhuafa) in the form of working capital, especially for middle and lower sector customers who are still difficult to get help and loans from banks. If this can be managed properly, it will create an effect on the macroeconomic scale. Economic empowerment on a small-scale with the concept of community empowerment is one of the right solutions to overcome poverty in society.

B. PROBLEM STATEMENTS
From the above explanation, it has been known that Islamic banks have philosophical principles and operational bases integrated with social values and economic activities. Almost all social community observers agree that increasing poverty has an impact on increasing crime rates, the lower level of education and health, can lead to radicalization of state policies and even create fundamentalism in religion. The government must have a strong commitment to b. What is the interest-free loan financing (Al-qardhul Hasan) able to alleviate poverty in Surakarta?

C. RESEARCH METHODS
This research is a socio-legal research (non-doctrinal research). In nondoctrinal research, the law is conceptualized as law is what it is (functioning) in society. The research was conducted in Islamic banks in Surakarta city at Bank Muamalat, Bank Syariah Mandiri and Bank Tabungan Negara Syariah. The data that researchers used in this study comes from primary data. Primary data is data obtained directly from the first data source at the research site or research object.
Primary data is obtained from the respondents in this case the policy makers, and the community directly related to the object of research. The data analysis technique used in this legal research uses qualitative method with interactive model (interactive model of analysis). Qualitative data analysis are used an ongoing, repetitive and ongoing effort. Data reduction, data presentation and conclusion are successful sequence as a series of mutual follow-on analysis activities. This analysis model includes three stages: data reduction phase, data presentation stage and verification phase or conclusion.

Indonesia's Islamic Bank Product
The products Indonesia's Islamic Bank applied gradually from the beginning of BMI until december 2000 by applying three product categories, they are; first, fund-raising product, includes savings, trend savings, and arofah savings, deposits, and demand deposits. Second, products are channeling of funds, example sale and purchase, buy, profit sharing, and leasing. Third, service products, including: wakalah, kafalah, hiwalah, rahn, and al-Qordh al-hasan (Annual Report BMI: 1999).

a. Buying and selling
Buying and selling is a BMI product that includes finance products (fund disbursement). This product run with three basic mechanisms, they are: murabahah, salam , and istisna.
1) Al-Murabahah, the specification that signed by the sale and purchase of murabahah is BMI's implantation to the financing for the purchase of goods inventory, both production and consumption. In this case the bank acts as a seller and a customer as a buyer. Banks and customers must agree on the cost of goods sold, profits, and durations. Then the bank buys the goods ordered and provided to the customer. Then the customer repay according to price and time period agreed. (Yasin, 2009: 190).
2) As-Salam, The specification products of sale and purchase of Salam is usually used as a financing for farmers with a relatively short period of time, which is 2-6 months. Because the purchased by bank are goods such as rice, corn, and chili. Bank does not intend to make it at inventory. Therefore, an agreement is made to the second buyer.
The second buyer referred to Bulog, wholesale market trader, wholesaler. This is in Islamic banking known as parallel as-salam.
3) Al-Istishna, the specification of the sale and purchase product of alistishna is applicable for construction finance and short-term manufacturing goods. In this case the bank acts as the buyer while the customer as the seller (maker managers. If the project is profitable, then profit is divided based on the initial agreement. Meanwhile, if there is a loss caused not because of customer negligence, it becomes a bank risk. b) Al-Musharakah, This product specification is applicable for project financing, which both of the customers and banks provide funds to finance the project. After the project is completed, the customer returns the funds as well as the profit sharing that has been disbursed to the bank. In addition to financing musharakah projects can also be applied in the venture capital scheme.
Investment is made for a certain period and after that the bank invests both briefly and gradually. This concept is based on the musharakah normative concept (Saeed, 1996: 59-52) which is a contract of cooperation between two or more parties for a particular business. Each party contributes the fund (charity) with the provision that the benefits and risks will be borne by two parties in accordance with the agreement.

B. Fund Output Products at Bank Syari'ah Mandiri
In its operations, Bank Syariah Mandiri uses several schemes that are compatible with syariah (Islamic): c. Kafalah; with the kafalah scheme, Islamic banks guarantee their clients.
If something happens with the customer, the Islamic bank will be responsible to the 3rd party according to the initial agreement.BSM applies this scheme to BSM Bank Guarantee products.

d. Benefits of BTN iB
The benefits of BTN iB are personal consumptive financing specially indicated for employees and retirees whose pension benefits are paid through BTN Syari'ah Payroll services. 429 Yustisia Vol.6 No. 2, May-August 2017 The Effectiveness Of Interest-Free....... By looking at various Islamic banking products of Bank Muamalat, Bank Syariah Mandiri and Bank Tabungan Negara Syariah not provides service of Qordhul hasan product. Qordhul hasan, as one form of Islamic banking business which is still becoming an ideal in syari'ah banking, this concept is apparently still far from the expected reality. This can be seen in the practice of syari'ah banking, where the bank does not implement the qordhul hasan financing scheme or when the bank applies only in a little quantities.
As an example is the result of an interview with BTN Shari'ah employee which states that BTN Syari'ah does not issue qordhul hasan product, no financing qordhul hasan purely. The existing agreement is aqad qordh that is to provide loans to customers by imposing administrative costs.
An example of this aqad qordh is in terms of multijasa (education, sickness, marriage and so on) and bailout of hajj. Banks are more focused on running products that are profitable. In Bank Muamalat there is no Qordhul Hasan product and in Bank Syariah Mandiri also does not exist even though around 2008-2009 it never existed but now there is no such program.

Framework of Poverty Alleviation in Surakarta
Al-Qard Hasan is a contract of interest-free loans granted on the basis of liability, on the basis of ta'awun (please help) to those classified as weak in economy, where the borrower is not required to pay back anything except loan capital. Under the agreement, a Islamic banking as a creditor lends to the party (customer) on the condition that the loan receipt will repay the loan at the time specified in the contract agreement with the same amount of return when the loan is granted.
Based on the law, this contract is an offer from God, that for who is willing to help ease the burden of people with good lending, it is Allah who redouble its return. It is written in the Qur'an: "Whoever is willing to lend to Allah Almighty, a good loan will Allah multiply the payment to him with 1. Al-qardhul hasan is a free credit facility provided free of charge. The Customer shall only bear the stamp duty, notary fees and feasibility study costs. The level of bank awareness to customers regardless of their economic level. The Bank treats its customers as business partners that are not only business considerations, but also humanitarian considerations.
2. Enable customers who are in urgent trouble to get short-term bailouts.
3. The existence of social mission will improve the good image in improving community loyalty to sharia banking. 4. reducing poverty by fostering poor and oppressed economic society through the aid of productively directed grants. The funds can be obtained from the loan without interest ie al qardhul hasan whose funds are obtained from zakat.
5. Al-qardhul hasan is also one of the distinguishing features between Islamic banks and conventional banks which contained social missions in addition to commercial missions.
In the reality Islamic bank does not apply qardhul hasan contract so this product has not been able being the solution in effort to eradicate society poverty.
The qardhul hasan contract was implemented in the early days of the establishment of Islamic banking. At present banking is more likely to apply products that provide benefits.

E. CLOSING
1. Financing of Al-qardhul hasan has not got attention from Islamic banking as the realization of the social function of Islamic banking although this program has functioned in the early establishment of Islamic banking. Islamic banking products are more oriented to the program which contains the value of profit.
2. Interest-free loan (Al-qardhul Hasan) has not been able to take a role in eradicating poverty in Surakarta because Al-qardhul Hasan program is considered less suitable by the banking system.