EKSEKUSI OBJEK JAMINAN FIDUSIA DALAM PENYELESAIAN KREDIT MACET DI BANK MADINA SYARIAH YOGYAKARTA

Aulia Zahra, NIM.: 17103080004 (2023) EKSEKUSI OBJEK JAMINAN FIDUSIA DALAM PENYELESAIAN KREDIT MACET DI BANK MADINA SYARIAH YOGYAKARTA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The phenomenon that occurs in fiduciary guarantees and Rahn Tasjily in executions carried out by financial institutions sometimes does not comply with applicable laws and regulations due to various uncertain reasons. Fiduciary itself is regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees and Constitutional Court Decision Number 18/PUU-XVII/2019 concerning the Execution of Fiduciary Guarantees while Rahn Tasjily is regulated in Fatwa of the National Sharia Council No. 68/DSN-MUI/III/2008 regarding Rahn Tasjly. The purpose of this study is to: (1) Know the process of executing fiduciary guarantee objects in Madina Syariah and what obstacles occur (2) Know the process of executing fiduciary guarantee objects in Rahn Tasjily's perfection. The type of research used in this research is field research using a normative approach. Data collection techniques used are observation, documentation and interviews. Based on the results obtained, the execution of the collateral object is in accordance with Law Number 42 concerning guarantees and Constitutional Court Decision Number 18/PUU-XVII/2019 concerning the Execution of Fiduciary Guarantees where Bank Madiana Syariah does not directly execute the debtor by submitting a request for execution to religious court, so the debtor's rights are maintained. Whereas based on Islamic law, the process of taking over the right to guarantee (execution) Rahn Tasjily, that the procedure for executing Marhun (object of collateral), when it is due. Murtahin had to warn Rahin to pay off his debt immediately, while the execution process carried out by Bank Madina Syariah was based on fatwa Number: 25/DSN-MUI/III/2002, and fatwa Number: 92/DSN-MUI/IV/2014. Positive law and Islamic law, which are normative references, have been well understood and implemented by financing parties, giving rise to justice and legal certainty.

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