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TINJAUAN YURIDIS PENERAPAN JAMINAN DALAM PEMBIAYAAN IJARAH MULTIJASA OLEH BPRS ARTHA MAS ABADI PATI
Ijarah multijasa financing is one of the service-based financing products developed by Islamic financial institutions to meet public needs for various services, such as education, marriage, and religious travel. The main characteristic of this financing lies in the object of the contract, which is the benefit of services (manfa‘ah). Conceptually, this gives rise to juridical issues related to the application of collateral, as service objects cannot be directly used as security. In practice, Bank Pembiayaan Rakyat Syariah (BPRS) Artha Mas Abadi Pati continues to require tangible collateral in ijarah multijasa financing as a form of risk mitigation and the implementation of the prudential principle. This condition raises questions regarding how collateral is applied in ijarah multijasa financing at BPRS Artha Mas Abadi Pati and its conformity with positive law and Islamic principles. This study aims to analyze the application of collateral in ijarah multijasa financing at BPRS Artha Mas Abadi Pati and to examine its conformity with the prudential principle as well as the principle of ḥifẓ al-māl (protection of wealth) within the framework of maqāṣid al-syariah. This study employs the theory of Islamic financing, the theory of maqāṣid al-sharīʿah, and the theory of security law. The research adopts an empirical juridical method with a descriptive research design. Two research approaches are used, namely the conceptual approach and the statutory approach. Data collection techniques include interviews, questionnaires, and documentation involving relevant parties related to this study. The data are then analyzed using qualitative descriptive analysis. The results indicate that the implementation of collateral in multiservice ijarah financing at BPRS Artha Mas Abadi Pati has, in principle, reflected the application of the prudential principle through the 5C analysis (character, capacity, capital, collateral, and condition of economy). However, collateral has not been positioned as the primary determinant, as assessments of the customer’s character and repayment capacity carry more dominant weight than the collateral aspect. Furthermore, the application of collateral in multi-service ijarah financing at BPRS Artha Mas Abadi Pati is considered to be in accordance with the principle of ḥifẓ al-māl, as it functions as a risk mitigation instrument and a proportional means of asset protection without giving rise to injustice.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040001 Aulia Mansyudatul Minhah
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