PRAKTIK JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN PADA BMT RIZQI BAROKAH BANTUL (TINJAUAN YURIDIS DAN NORMATIF)

AAP FARKHATI, NIM. 17103080034 (2021) PRAKTIK JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN PADA BMT RIZQI BAROKAH BANTUL (TINJAUAN YURIDIS DAN NORMATIF). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In Islamic microfinance institutions such as BMT Rizqi Barokah, which provide financing facilities to customers, they must require a guarantee. The rules governing the binding of guarantees are contained in Law Number 42 of 1999 concerning Fiduciary Guarantees. The discussion in this study aims to determine the practice of fiduciary guarantees that are not registered with BMT Rizqi Barokah, and how the juridical and normative reviews of fiduciary guarantees are not registered. The research used is field research using a normative and juridical approach with library materials that include primary raw materials such as interviews, and secondary raw materials such as literature and books. The theoretical basis used is the theory of guarantee in Islamic law and the theory of guarantee in positive law. And from the results of the study, it is known that there are several financings where the guarantee uses fiduciary guarantees but does not meet the procedures stated in Law Number 42 of 1999, where there is a procedure for registration with the fiduciary guarantee registration office. The factors that cause the non-registration of guarantees include the trust factor, the cost factor, the minimal amount of financing, and the lack of education. Meanwhile, according to the juridical review, the agreement is only an ordinary deed that does not have the executive power to execute directly the goods that are guaranteed. In terms of creditors, the creditor or BMT Rizqi Barokah does not have preference rights, the publicity principle is not fulfilled and there has been an intentional act against the law (onrechtmatige daad) between the parties. normatively, this fiduciary guarantee is closer in similarity to the guarantee in the form of rahn tasjily as contained in fatwa number 68/DSN-MUI/III/2008 concerning Rahn Tasjily.

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