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PERLINDUNGAN HUKUM TERHADAP DEBITUR YANG MEMPEROLEH FASILITAS KREDIT SEPEDA MOTOR DENGAN PERJANJIAN FIDUSIA Noor, Erma Zahro
Jurnal Panorama Hukum Vol 2 No 1 (2017): Juni
Publisher : Fakultas Hukum Universitas PGRI Kanjuruhan Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (350.524 KB) | DOI: 10.21067/jph.v2i1.1756

Abstract

In Indonesia there are two financial institutions that always provide credit facilities to the people who needs funds, that financial institutions are in the form of bank and non bank or so-called LKBB, where one form is a financial institution (leasing).In conducting the financing agreement for the purchase of motor vehicles on credit to the consumer (debtor), that financial institutions (leasing) are always poured in the form of standard contracts which must be approved by the customer (debtor), despite clause (contents of) the agreement is more likely to benefit the institution financing (creditor) and complicate/ensnare even tend to harm the consumer (debtor), because the consumer has always been on the weaker side and do not have the strength to fight for their rights against the treaty that already signed.. As a reference to unify the differences that arise in the resolution of problem loans in financial institutions, can use the rules as stipulated in Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution and as an umbrella law to protect consumers as the debtor can use the rule-rules contained in Law No. 8 of 1999 on consumer protection.
KEABSAHAN HUKUM PENGIKATAN JAMINAN TANAH DALAM PRODUK RAHN TAJSILY DI PT PEGADAIAN – STUDI KASUS PEGADAIAN UNIT BUNGAH Respati, Firmananta; Noor, Erma Zahro
HUKMY : Jurnal Hukum Vol. 4 No. 2 (2024): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2024.v4i2.776-792

Abstract

This study examines the implementation of the Rahn Tajsily Tanah product at the Pegadaian Unit Bungah, focusing on the process of securing land collateral, legal protection for both parties, and challenges faced during implementation. The findings reveal that the collateral binding process aligns with Islamic principles and regulations, particularly adhering to the DSN-MUI Fatwa No. 68/DSN-MUI/III/2008. However, the lengthy verification process poses a challenge. The legal protection provided ensures fairness and the absence of riba, securing the rights of both Pegadaian and the customers. Nonetheless, the challenges include prolonged verification times and a lack of customer understanding of the syariah contract. Suggestions include improving verification efficiency through collaboration with the National Land Agency (BPN), increasing public education on syariah principles, enhancing transparency, and exploring digital services to streamline processes. These improvements are expected to optimize the Rahn Tajsily Tanah product and its benefits for society.