IMPLEMENTASI KLAUSULA BAKU DALAM KONTRAK BISNIS PADA BANK MADINA SYARI’AH

Fauzan Nur, S.H, NIM.: 20203011066 (2023) IMPLEMENTASI KLAUSULA BAKU DALAM KONTRAK BISNIS PADA BANK MADINA SYARI’AH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This thesis examines the implementation of standard clauses in business agreements viewed from the perspective of maqashid asy-Syari’ah. This research departs from the practice of implementing standard clauses in business agreements between debtors and creditors, where one party has a stronger position in forming the agreement. Departing from this incident, this research intends to look further at this implementation from a sharia perspective. Based on this background, this research aims to (1) Explain the implementation of standard clauses that occur at Bank Madina Syari’ah (2) Explain the position of standard clauses in the context of Company Hifd}zhul Mal, Customer Hifdzhul Mal, and Hifdzhul Mal Negara (3) Explain the view of Islamic law regarding the implementation of standard clauses in business agreements. and (4). To explain the normative legislative reasons for the implementation of standard clauses in positive law. This type of research is field research. The author uses the maqashid asy- Syari’ah approach from asy-Syathibi's perspective as a measure to answer the background of the problem. This thesis uses qualitative methods, while in collecting primary data the author carried out observations and interviews. Meanwhile, the author obtained secondary data from sharing other sources to complete research needs. And this research was conducted at Bank Madina Sya>ri’ah as the object of study. Based on the maqashid asy-Syari’ah (asy-Syathibi) approach, according to the results of the analysis of the implementation of standard clauses, it shows (1) The implementation of standard clauses that occurred at Madina Bank was carried out based on the principle of prudence (prudential banking) and the principle of public interest, as well as the formulation of a clause that does not contain an exoneration clause and is supervised by DSN-MUI. (2) Implementation of standard clauses within the company's Hifdzhul Mal framework, namely as a form of prudential banking, and more efficient both in terms of time and modality. For customers, there is legal certainty. Meanwhile, in the context of the state, it is used as state income and for economic stability. (3) The practice of agreements using standard clauses still has a place in Islamic law based on legal considerations and micro-economic and macro-economic stability. (4) If this type of agreement is ignored, the potential for smooth business from the creditor's side will stagnate, with the aim being time efficiency, uniformity of service to consumers, as well as a form of caution against potential defaults.

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