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FENOMENA GAGAL BAYAR PENGGUNA APLIKASI PINJAMAN ONLINE ILEGAL STUDI ANALISIS HUKUM PERDATA DAN HUKUM ISLAM
In the current era of globalization, online loans have become the choice of most people from the lower middle economic class to meet their living needs of survive. This is duet to the ease and speed of the process. However, this creates a new problem, namely that there are many online loan services that are not registered or illegal, so that their existence is very detrimental to people who make loans, because the loans are carried out by charging unreasonable interest rates. This makes ide difficult for people to pay off loan bills or illegal online installments. With this incident, many people are unable to pay off their illegal online loan bills or what is now commonly called default (galbay). Due to this problem, the government urges the public not to pay these illegal online loans do not fulfill an agreement in accordance with civil law. Meanwhile, the law of paying debts ini Islam is mandatory and you cannot delay paying it off if you have sustenance. People whi are in debt and do not intend to pay it will experience sin. Based on the description above, this research proposes two problem fromulations. First, what is the law regarding default in illegal online loan applications from the perspective of civil law and islamic law. Second, how does civil law and islamic law compare regarding the law of default. The type of research used is a combination of library research and field research which is descriptive analysis with an empirical juridical approach. Meanwhile, to answer this problem, this research analyzes the view of Civil Law and Islamic Law using the theory of agreements and qardh with descriptive data analysis techniques. Based on the data that has been obtained and analyzed, this research produces several findings. First, illegal loans do not meet legal requirements so the agreement can be cancelled. However, there are no legal provisions that expressly prohibit or regulate acts of default, so this action is considered permissible. The finansial services authority continues to encourage refunds as a form of moral responsibility. Second, loans via qardh must be treated responsibly, where returning funds is a moral obligation defauting on illegal loans is considered haram because i tis not in accordance with the principles of qardh in sharia. Therefore, funds received from illegal loans must be returned, emphasizing the importance of responsibility in finansial transactions according to Islam.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
FENOMENA GAGAL BAYAR PENGGUNA APLIKASI PINJAMAN ONLINE ILEGAL STUDI ANALISIS HUKUM PERDATA DAN HUKUM ISLAM (Text)
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