ASURANSI PADA PEMBIAYAAN KEPEMILIKAN RUMAH AKIBAT FORCE MAJEURE (STUDI PADA BANK ACEH SYARIAH)

Tuah Itona, NIM.: 20203012058 (2023) ASURANSI PADA PEMBIAYAAN KEPEMILIKAN RUMAH AKIBAT FORCE MAJEURE (STUDI PADA BANK ACEH SYARIAH). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Bank Aceh Syariah is a Regional Development Bank or also called Regional Owned Enterprises, which is one of the banks that provides home ownership financing, is a financing facility provided by Aceh Bank to individual customers for residential home ownership in the form oforlanded houseflat (apartment) new or old for private occupancy, with residential housing as collateral and the maximum amount of financing is determined based on the value of the collateral and the customer's ability to repay. The next option is the Prosperous Home Ownership Financing which is a government subsidized financing for Low- Income Communities with the aim of owning a livable house in accordance with the provisions that have been set by using a murābaḥah. Banks are required to obtain guarantees related to home ownership financing in the form of securities, valuables, assets, if the customer concerned is unable or hindered in fulfilling repayments as a guarantee for paying off debts. On the other hand, when entering into a contract, customers are provided with financing features, generally in the form of life and fire insurance as an effort to manage risk. Considering that Aceh is an area in Indonesia that is prone to earthquakes. The Aceh sharia bank should also give priority to other disaster damage insurance features such as an earthquake (force majeure), because this is considered something urgent in Aceh. In contrast to sharia banks owned by State-Owned Enterprises which also operate in the Aceh area, which apply insurance against house damage, due to any disaster that is not due to intentional or negligence of the customer, if the level of damage is 75% the house will be rebuilt, without having to do anything. rescheduling, reconditioning, restructuring or liquidation of collateral. The main problem is, why does the Aceh sharia bank not provide insurance for financing home ownership due to force majeure, only providing the option to cover life and fire insurance. Furthermore, how is the urgency of home ownership financing insurance according to Islamic law. To answer this problem, a research was conducted. This type of research is field research with a qualitative approach, while the data analysis method used is descriptive analysis. In collecting data, the compiler used the methods of observation, interviews, and documentation. The results of the study show that Aceh sharia banks only provide life and fire insurance where the burden is borne by the bank, this has become a provision of Aceh sharia bank. If you want related insurance options earthquake or other disaster (force majeure) customers can add independently by adding the nominal amount according to the agreement with the insurance company, which will be assisted by the bank. Considering that Aceh sharia banks are Regional Development Banks or Regional Owned Enterprises (BUMD) whose capital is different from State-Owned Enterprises banks whose scope can facilitate the many options offered. In Islamic muamalah, guarantees and insurance are allowed to avoid risks, which are examined in the discussion of saddu aż-żari ͞ ʽah (something that is a medium and a way to arrive at something related to syara' law, both haram and halal, forbidden or justified, and which leads to disobedience or obedience) and al-dhāmān or al-kāfalah (guarantee), this form is the most extensive means for financial institutions, especially banks to provide guarantees to their customers with compensation or risk coverage. Vice versa, the bank has the right to get a guarantee from the customer. So that al-dhāmān or al-kāfalah can be the right of each bank or customer, recalling the meaning of aldhāmān or al-kāfalah is guarantee.

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