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RESCHEDULING PEMBIAYAAN BERMASALAH DI BMT-UGT NUSANTARA PEGANTENAN DALAM PERSPEKTIF HUKUM ISLAM
This thesis examines the practice of rescheduling problematic financing at the Pegantenan Branch of the Integrated Joint Venture Fund (BMT-UGT) Nusantara, Pamekasan Regency, from an Islamic legal perspective. The background of the problem stems from the phenomenon of problematic financing caused by customer default, such as decreased business income, inability to pay installments on time, or external factors such as worsening economic conditions. To address this, BMT-UGT implements rescheduling, namely rescheduling the loan tenor with the aim of easing the burden on customers, but is often accompanied by the addition of a penalty fee of 1.3% of the remaining principal, as well as administrative fees or additional margins. This practice aims to avoid institutional losses, but raises questions regarding its compliance with sharia principles. This research employed qualitative methods with a descriptive-analytical and normative approach. Data were collected through interviews with BMTs and customers, field observations, and literature review of Islamic law, DSN-MUI fatwas, and regulations related to Islamic financial institutions. The analysis was conducted to describe the rescheduling mechanism at BMTs and assess its compliance with Sharia principles. Research shows that rescheduling at BMT-UGT involves several stages, including discussions with customers, field visits to verify business conditions, re-contracting, extending the tenor to 36 months, and adjusting installments. However, the additional penalty fees, delayed margins, and administrative fees charged to customers make this practice susceptible to usury. Although rescheduling has been proven to help reduce the risk of non-performing loans, in some cases, customers still default on payments despite receiving relief. From an Islamic perspective, this practice is not entirely compliant with Sharia law. Adding fees without actual goods or services is considered similar to usury, which is clearly prohibited by the Quran, Hadith, and the DSN-MUI fatwa No. 48/DSN-MUI/II/2005. This fatwa emphasizes that rescheduling is only permissible if there are no additional charges, except for reasonable and mutually agreed-upon real costs. Sharia principles encourage mutual assistance (ta'awun) and relief for those in difficulty, rather than increasing their burden.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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