TINJAUAN NILAI KEADILAN ATAS PENGGUNAAN SKMHT DALAM AKAD MUSYARAKAH DI PERBANKAN SYARIAH (STUDI TERHADAP KONTRAK MUSYARAKAH)

MAHRUS ALWI HASAN SIREGAR, S.H, NIM. 19203010052 (2021) TINJAUAN NILAI KEADILAN ATAS PENGGUNAAN SKMHT DALAM AKAD MUSYARAKAH DI PERBANKAN SYARIAH (STUDI TERHADAP KONTRAK MUSYARAKAH). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Islamic banking and customers in terms of running a financing facility in the form of profit sharing must be included in the contract as a legal basis. It should be noted that Article 23 of Law Number 21 of 2008 concerning Islamic Banking emphasizes that Islamic banks must have confidence before channeling funds to customers to anticipate various risks and maintain the balance of the bank's business. Therefore, for the sake of security, the provision of financing facilities requires collateral that is easy to sell, namely in the form of movable and immovable objects. Then if the collateral is in the form of immovable (fixed) goods in the form of land and buildings that are certified, they are bound by collateral in the form of Mortgage Rights which there is no legal umbrella in the implementation of Islamic banking. This condition raises questions about fairness in the use of mortgages in sharia financing and the resolution of disputes over mortgage deeds that use mortgages as collateral. This research is a normative legal research with doctrinal research characteristics, namely research that provides systematic exposure to regulations governing certain legal categories, analyzes the relationship between regulations. The nature of the research used by the researcher is a descriptive legal study (descriptive legal study). Analytical, Philosophy & Statute approach. The method of collection is by using library research methods. After the collected material is analyzed by content analysis. Content analysis shows an integrative analysis method and conceptually tends to lead to finding, identifying, processing and analyzing legal materials in order to understand their meaning, significance and relevance. The result of the research is that justice in the use of mortgage rights in sharia financing has not been fully fulfilled, especially in terms of the theory of community justice which requires state institutions as a forum to realize and distribute the fundamental rights and obligations of society guaranteed by the 1945 Constitution of the Republic of Indonesia related to this research, namely by regulating the device of the sharia guarantee mechanism through the national legislative program for parties who actively contribute to sharia banking even though if justice is realized perfectly then sharia banking. Settlement of disputes over sharia banking deeds that use Mortgage Rights as collateral before 21 months there is a subpoena by the bank, deliberation, suggesting to be sold by the debtor / through a public auction, if after 21 months it is regulated through the religious court.

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