Muhtarom, Anis and Warsidi, Warsidi
(2019)
IMPLEMENTASI AKAD MURABAHAH PADA PRODUK PEMBIAYAAN KREDIT
PEMILIKAN RUMAH (KPR) DI BANK SYARIAH MANDIRI KC BOJONEGORO
MENURUT HUKUM EKONOMI SYARIAH.
Jurnal Justisia Ekonomika, 3 (1).
ISSN 2598-5043
Abstract
This study discusses about how the implementation of the murabahah bil wakalah contract
theory on mortgage products in the Bank Syariah Mandiri KC Bojonegoro is seen from the
perspective of Sharia Economic Law. The scope of this research is limited to the following
issues: (1) How is the implementation of the murabahah contract on mortgage loans in Bank
Syariah Mandiri KC Bojonegoro? (2) How is the implementation of the murabahah contract on
mortgage loan products in the Bojonegoro KC Mandiri Syariah Bank according to the Sharia
Economic Law? This research includes the type of field research. Because this research was
conducted at Bank Syariah Mandiri KC Bojonegoro. This research is a qualitative descriptive
study because in this study the author will focus the discussion on legal facts in the form of the
implementation of financing between banks and customers with murabahah contracts which will
then be continued with a comparative analysis of the legal facts referred to as sharia economic
law theories. This is intended to test the compatibility between legal theory and the legal practice
in question.
The results of this research include: (1) The mechanism that must be taken to be able to
receive financing for Public Housing Loans from Bank Syariah Mandiri KC Bojonegoro, is
carried out through predetermined stages including: (a) submission; (b) BI checking / IDeb
(debtor information); (c) the implementation of collateral estimates; (d) determination of
ceilings; (e) Imputing data into a computer system; (f) approval of the official for mortgage
loans; (g) Issuance of SP3 (Letter of Notification of Financing Approval); (h) Implementation of
the contract which is attended by prospective customers, banks and notaries; (i) Disbursement.
As for the agreements made between prospective customers and banks, there are elements as
follows: (a) Contracting parties; (b) Sighat or iqab qabul akad murabahah; (c) Contract object.
The object of the contract referred to in the housing loan product is a new or used house; (d)
Nature of contract. Agreements are made clearly, both concerning objects, ceilings, time
periods, contract places, financing nominal, margin obtained by the bank, and principal
installments. In the event of default or bad credit where the customer is late in paying the
installments, the bank's contribution will take the following steps: (a) Intensive billing; (b)
Provision of Warning Letters 1, 2 and 3; (c) A restructuring offer (if the customer is pleased), ie
installments are adjusted to the customer's ability and large at the end; (d) Voluntary guarantee
selling offers; (e) Guaranteed auction. In a condition where the customer is not willing to carry
out a contract restructuring, the bank offers that the auction of assets is a guarantee of the akah
murabahah. As for the auction, the bank cooperates with a secret auction agency. (2) The
implementation of housing loan financing with a murabahah contract in Bank Syariah Mandiri
KC Bojonegoro is not in accordance with Sharia Economic Law originating from Law Number
21 of 2008 concerning Islamic Banking, MA Regulation Number 2 of 2008 concerning Compilation of Sharia Economic Law and DSN-MUI fatwa Number 4 of 2000 concerning
Murabahah.
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