THE LEGAL ENTITY OF BAITUL MAAL WAT TAMWIL (BMT) AS A MICRO FINANCIAL INSTITUTION IN INDONESIA

The purpose of this study is to analyze the legal status and accountability of Baitul Maal Wat Tamwil (BMT) as a financial institution in Indonesia, because so far BMT has two main functions, the first, Baitul Maal as a non-profit institution that distributes zakat, infaq and alms, and the second, Baitul Tamwil is an institution whose function is to collect and to distribute commercial funds. This research uses normative research using a statutory approach and a conceptual approach. The results of this study indicate that the legal status of BMTs so far can only be established with the status of a cooperative or limited liability company. It refers to the characteristics possessed by BMT itself. The form of BMT accountability follows the form of liability that exists in the form of a BMT legal entity, if the loss is caused by the management or organs, the management or organs are jointly and severally responsible, but otherwise if the management or organs can prove then the management or organs are not jointly responsible for the losses incurred by BMT.


Introduction
The presence of various types of financial institutions has a positive impact on the people of Indonesia, one of which is that people can freely choose the types of financial institutions and financing contained in these financial institutions, both conventional and sharia financial institutions. In order to reach middle-and lowerincome people, the government then formed a microfinance institution to provide easy access to finance. In general, they have difficulty in obtaining financing from banks. with an orientation towards togetherness (Sumitro: 1996).
BMT as part of a microfinance institution in carrying out its business activities is based on sharia principles. One of the types of financing contained in BMT is the  (Setyowati, 2018). Herein, the entity of BMT must be clear to reach legal certainty. Therefore, research is needed on the legal entity of BMT as a microfinance institution and the form of liability for BMT as a legal entity in Indonesia.

Research methods
The research used is normative research, namely a know-how activity in legal science, not just know-how, as a know-how activity, legal research is carried out to solve legal issues at hand. Therefore it takes the ability to identify legal problems, carry out legal reasoning, analyze the problems faced and then provide solutions to these problems (Marzuki: 2016).
TlR: 2020 Vol 2 (2) Moh. Syaifur Rijal 143 The research approach used in this study is a statute approach and a conceptual approach. The statutory approach is a legal research that uses statutory regulations as an approach. The statutory approach is used by analyzing all laws and regulations relating to the legal issues discussed. For academic activities, researchers must look for the ratio legis and basis for the issuance of the law, so that later an appropriate rule can be found in solving a problem (Marzuki: 2016).
The second approach used is the conceptual approach. The conceptual approach is used by examining theories and doctrines that are used as references so that they are able to understand a view and doctrines in solving legal issues that are being discussed. The conceptual approach connects an existing concept with the issue of research law that is currently being discussed regarding legal entity issues of baitul maal wat tamwil (BMT) and the liability of BMT as a legal entity in Indonesia.

Analysis of Legal Objects
Analysis of legal materials is carried out by linking existing legal materials, then a review is carried out to obtain a systematic explanation. Furthermore, the materials needed in the discussion are separated in order to make it easier and get an understanding of the discussion that will produce a conclusion and can be used to solve and answer problems in this study. The legal materials that are processed from this research are then analyzed by interpreting and compiling the statements contained in general documents and laws and then concluding to be specific to answer a problem that is being discussed.

The Legal Status of Baitul Maal Wat Tamwil (BMT) as a Microfinance Institution in Indonesia
Baitul Maal Wat Tamwil (BMT) is a sharia microfinance institution which in carrying out its business activities uses the principle of profit sharing, develops businesses in micro-businesses and defends the interests of the middle to lower class society. BMT was founded on the pioneers of local community leaders with reference to the same economic system, which is safety, peace and prosperity (Juhaya S. Praja: TlR: 2020 Vol 2 (2) Moh. Syaifur Rijal 144 2012  As an institution that is established and operates in Indonesia, BMT must have a legal status (legal entity) in carrying out its duties and functions, so that its existence can be guaranteed and protected by applicable provisions. The following is the legal status (legal entity) in the Blac'k Law Dictionary "A body, other than a natural person, that can funtion legally, sue or be sued, and make decisions through agents."

Forms of Liability for Baitul Maal Wat Tamwil (BMT) as a Legal Entity in Indonesia
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According to the Big Indonesian Dictionary (KBBI), accountability implies the condition of being obliged to bear everything, if there is something, it can be sued, blamed, and so on (Poerwadaminta: 1976). In the legal dictionary, there are two terms which refer to accountability, liability and responsibility. According to Peter Mahmud Marzuki, responsibility is defined as liability. The term liability is within the scope of private law, where the definition of liability in this case is based on the position of a person or legal entity that is required to pay compensation after a legal event or legal action. For example, a person or legal entity is required to pay compensation to other people due to illegal actions so that the person or legal entity is harmed (Marzuki: 2016).
Liability is a broad legal term. In it refers to the most comprehensive meaning, covering almost every definite character of risk or responsibility, which depends or is possible. Liability is also a condition of being subject to an actual or potential