AKAD MURABAHAH PADA PEMBIAYAAN TAKE OVER (STUDI KASUS PADA BANK BNI SYARIAH KANTOR CABANG YOGYAKARTA)

Dhaifina Fitriani, S.H., NIM.: 18203010090 (2020) AKAD MURABAHAH PADA PEMBIAYAAN TAKE OVER (STUDI KASUS PADA BANK BNI SYARIAH KANTOR CABANG YOGYAKARTA). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research examines the implementation of the law on the practice of financing debt transfer (take over) at BNI Sharia Yogyakarta Branch. An alternative or process for the settlement of customer financing debt (take over) occurs in ongoing financing at the previous bank (first creditor). Apart from being regulated in the Fatwa of the National Sharia Council-Indonesian Ulama Council (DSN-MUI), the rules regarding these are also contained in a Bank Indonesia Circular Letter (SEBI) stipulated by Bank Indonesia. However, the BNI Sharia Yogyakarta Branch implements the Murabahah contracts which is one of the four alternative treatises in the DSN-MUI fatwa. Sharia banking considers that the rules related to the alternative contracts offered by other than the DSN-MUI fatwa are unclear and difficult to apply in sharia banks. The writer has two questions for this thesis, those are how is the implementation mechanism for financing debt transfer (take over) at BNI Sharia Yogyakarta Branch and how is the realization of law implementation of take over practices at BNI Sharia Yogyakarta Branch. The type of research is a qualitative research with a case study approach. The author’s primary data and secondary data were collected using field research methods through direct interviews and documentations. To answer the research questions, the author uses the law implementation’s theory, which is about the value of justice and legal certainty to achieve the goal of real law implementation related to the take over practices. In connection by these practices, the results showed that the legal objectives to be achieved from the implementation of the legal take over practice at BNI Sharia Yogyakarta Branch were not maximal. This is because the essence of the two objectives in law implementation, those are the justice and legal certainty has not been achieved. The author viewa that the existence of one choice of rules from the many rules regarding take over will lead to legal dualism, in toher words there is no clear legal certainty for the take over practice in islmic banking.

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