STUDI PERBANDINGAN TENTANG HAK KHIYAR DALAM TRANSAKSI ISTISNA‘ PADA FATWA DSN-MUI, PERATURAN BI, DAN PERATURAN OJK

RACHMAN IQBAL, NIM. 16380027 (2020) STUDI PERBANDINGAN TENTANG HAK KHIYAR DALAM TRANSAKSI ISTISNA‘ PADA FATWA DSN-MUI, PERATURAN BI, DAN PERATURAN OJK. Skripsi thesis, UNIVERSITAS ISLAM NEGERI SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Istis}na>‘ is one of the muamalah transaction agreements that are developing at this time. In this contract is arranged in such a way that the rights and obligations of the parties are expected so that the achievements achieved can be realized. In technical terms, istis}na> is a contract of sale and purchase carried out by two parties where the mustas}ni orders for goods that are not available at the time of the contract so that the s}a>ni‘ must first make them. S{a>ni‘ is obliged to make goods ordered within a certain period that has been mutually agreed upon. Mustas}ni‘ must submit the price of the item when the item has been received according to the agreement made. However, in practice, the goods ordered often do not comply with the agreed specifications, so there is a special right that is given to mustasni‘. In other circumstances, also often one party takes khiyar rights, namely when the goods have not been made but there is an agreement, in the process of making goods and after the work of the goods is finished. In the Fatwa of DSN-MUI Number: 06 / DSN-MUI / IV / 2000 concerning the Sale and Purchase of Istis}na>‘, has been regulated regarding the right of khiya>r but there are several issues relating to the rights of both parties. Likewise, BI Regulation Number:7/46 / PBI / 2005 concerning Funds Collecting and Distribution Agreements for Banks Conducting Business Activities based on Sharia Principles article 13 paragraph (2) letter a which talks about khiya>r in istis}na>‘ and POJK Number: 53 / POJK .04 / 2015 concerning Contracts used in the Issuance of Sharia Securities in the Capital Market article 8 letters (a), article 9 letters (a), article 9 letters (b) article 9 letters (c), article 9 letters (d) and articles 10 (e) which also talks about the rights and obligations of the parties in istis}na>‘. The main issue is the description of the khiya>r rights regulated in the DSN-MUI Fatwa and the two regulations as well as how the Islamic legal review of the khiya>r is given using the khiya>r and istis}na>‘ theories themselves. This type of research is library research or library research where the data sources are from books, journals, and other scientific works. The nature of this research is analytical descriptive with a normative approach by using Islamic legal theories such as khiya>r and the concept of istis}na>‘ itself. The results of this research are that the right of khiya>r in istis}na>‘ contract stipulated in Fatwa DSN MUI Number: 06 / DSN-MUI / IV / 2000 concerning Sale and Purchase of Istis}na>‘ and BI Regulation Number: 7/46 / PBI / 2005 article 13 paragraph (2) letter a and POJK Number: 53 / POJK.04 / 2015 article 8 letter (a), article 9 letter (a), article 9 letter (b) article 9 letter (c), and article 9 letters (d) have been arranged well but there are still some meanings of words and sentences that need to be specified again so as not to cause confusion in understanding the article which has implications for the rights and obligations of the parties. In addition, the regulation regulates the possibility of conditions that occur in the practice of istis}na>‘ in order to provide certainty for the rights of both parties.

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