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PENYELESAIAN EKSEKUSI PEMBIAYAAN TERHADAP DEBITUR WANPRESTASI (STUDI KASUS DI BANK PEREKONOMIAN RAKYAT SYARIAH (BPRS) DANAGUNG SYARIAH)
Islamic banking, in distributing financing, is obliged to apply the prudential principle, one of which is by binding collateral through Mortgage Rights (Hak Tanggungan) as a risk mitigation against potential default. Normatively, the Law on Mortgage Rights facilitates execution for banks as preferred creditors through the parate executie mechanism without court intervention. However, in practice at BPRS Danagung Syariah, the settlement mechanism for non-performing financing in Ijarah Muntahiyah Bittamlik (IMBT) contracts does not necessarily utilize such rights; instead, it pursues the fiat execution mechanism through the court due to uncooperative customers and the filing of legal opposition. Based on this background, the research problems analyzed in this thesis are: what are the considerations of BPRS Danagung Syariah in choosing the fiat execution mechanism as a settlement for non-performing financing, and what are the obstacles faced in the Mortgage Rights execution process. This research is an empirical legal study (field research) using interviews and observations as primary data collection techniques, supplemented by literature studies as secondary data. The research was conducted at BPRS Danagung Syariah and the Office of State Wealth and Auction Services (KPKNL) Yogyakarta. The research results were examined and correlated between field facts and applicable legal provisions, subsequently presented through descriptive-analytical methods. Data analysis was conducted using a qualitative descriptive method with inductive reasoning, deriving from field data to identify relationship patterns as a basis for formulating hypotheses. The findings were correlated with the theoretical frameworks used, namely the theory of legal certainty, the theory of legal effectiveness, and the theory of legal protection. The results of the study conclude that: First, the primary consideration for BPRS Danagung Syariah in choosing the fiat execution mechanism through the Religious Court in IMBT financing disputes is to obtain absolute legal certainty in the absence of good faith from the debtor. This litigation path serves as the safest mitigation step with permanent legal force (inkracht) to prevent auction obstacles caused by legal opposition (verzet), while also providing valid juridical legitimacy for the dual status of collateral within IMBT contracts. Second, the obstacles faced in the Mortgage Rights execution process include juridical, technical, and administrative factors. These obstacles involve legal opposition (verzet) from debtors or third parties, unsold assets or "No Bidders" (TAP) status, difficulties in vacating the collateral objects, and stringent verification standards for auction administrative documents by the KPKNL. Keywords: Execution, Mortgage Rights, Legal Certainty, Breach of Contract.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040103 Embun lahfah El Kholieqy
PENYELESAIAN EKSEKUSI PEMBIAYAAN TERHADAP DEBITUR WANPRESTASI (STUDI KASUS DI BANK PEREKONOMIAN RAKYAT SYARIAH (BPRS) DANAGUNG SYARIAH) (Text)
PENYELESAIAN EKSEKUSI PEMBIAYAAN TERHADAP DEBITUR WANPRESTASI (STUDI KASUS DI BANK PEREKONOMIAN RAKYAT SYARIAH (BPRS) DANAGUNG SYARIAH) (Other)
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