STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 1/Pdt.GS/2018/PA.Btl dan NOMOR 2/Pdt.GS/2018/PA.Btl TENTANG POSISI JAMINAN PADA PENYELESAIAN GUGATAN SEDERHANA WANPRESTASI EKONOMI SYARIAH

Dina Nurfitri, S.E.I., NIM.: 18203011011 (2022) STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 1/Pdt.GS/2018/PA.Btl dan NOMOR 2/Pdt.GS/2018/PA.Btl TENTANG POSISI JAMINAN PADA PENYELESAIAN GUGATAN SEDERHANA WANPRESTASI EKONOMI SYARIAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 1/Pdt.GS/2018/PA.Btl dan NOMOR 2/Pdt.GS/2018/PA.Btl TENTANG POSISI JAMINAN PADA PENYELESAIAN GUGATAN SEDERHANA WANPRESTASI EKONOMI SYARIAH) 18203011011_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (5MB) | Preview
	Text (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 1/Pdt.GS/2018/PA.Btl dan NOMOR 2/Pdt.GS/2018/PA.Btl TENTANG POSISI JAMINAN PADA PENYELESAIAN GUGATAN SEDERHANA WANPRESTASI EKONOMI SYARIAH) 18203011011_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

The examination of cases with a simple event is an examination of sharia economic cases whose financing value is at most Rp200,000,000.00 (two hundred million rupiah), then changed with the existence of PERMA No.4 of 2009, the maximum financing nominal amounted to Rp500,000,000.00 (five hundred million rupiah). In sharia economic contract transactions, guarantees are used as protection for certainty and security of repayment of debts from debtors to creditors. Juridically, collateral has a function to cover debts. Although the bank feels that it has provided convenience for the customer, in reality there are still some problems faced by the bank and customers. The problem that is almost encountered by all financing institutions is the problem of default where customers cannot pay off what has been promised. The author sees that the case of a simple lawsuit for default on the Islamic economy is a case that is still new to the handling of cases in the religious judicial environment. This is a problem that the author will raise, namely that the author wants to know how the judge makes a judgment in a simple lawsuit case for default in sharia economy by looking at the position of the guarantee used by the debtor and creditor (plaintiff and defendant) when entering into an agreement. The author analyzes all the data or information that has been obtained, both primary legal materials and secondary legal materials which include the principles, rules and regulations of the law that apply in the issue of authority to resolve defaults in Sharia economic cases with a simple lawsuit in a religious court. The conclusion obtained in this study is the guarantee mentioned in the ijarah contract and the multijasa ijarah contract, more of the requirements that are allowed to be made by both parties who enter into the agreement. The guarantee is used as a tool so that the Defendant as a customer is more responsible for his obligations. The need for guarantees and collateral in a financing facility is solely oriented to protect the interests of financial institutions, so that the funds that have been given to customers can be returned in accordance with the specified period of time. In a multi-service financing contract with an ijarah contract, it must follow all the provisions in the ijarah fatwa. So that in a simple lawsuit case handled by the judge in this study, the judge can grant bail as a condition that can be sold in the event of default, unless it turns out that there is a dispute in the collateral used, which turns out to require proof in a way that is not simple, then the examination of the case cannot be done with a simple lawsuit, but must file a lawsuit with ordinary proceedings.

Share this knowledge with your friends :

Actions (login required)

View Item