%A NIM.: 18203010090 Dhaifina Fitriani, S.H.
%O Pembimbing : Dr. H. Abdul Mujib, M.Ag.
%T AKAD MURABAHAH PADA PEMBIAYAAN TAKE OVER (STUDI KASUS PADA BANK BNI SYARIAH KANTOR CABANG YOGYAKARTA)
%X 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.
%K Akad Murabahah, Pengalihan Utang (Take Over), Implementasi Hukum.
%D 2020
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib45656