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Journal : Justisia Ekonomika

STRATEGI PERBANKAN SYARIAH TERHADAP AKAD MUDHARABAH BERMASALAH PERMATA BANK SYARIAH DR. SUTOMO SURABAYA ahmad kurniawan; warsidi warsidi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3914

Abstract

ABSTRACTFinancing is a large part of Islamic bank assets that must be maintained in quality so that Islamic banks can carry out their functions properly. A common problem that arises is the existence of problematic financing that can continue to become a stagnant financing and cause financial health of the bank to be disrupted. The solution from National Sharia Board of Indonesian Ulema Council related to disputes in the contract is limited to 2 settlement efforts, namely deliberation, and settlement of disputes through the Sharia Arbitration Board, while the facts in the field indicate that the second solution is not widely implemented, and the form of deliberate deliberation makes each Islamic Financial Institutions carry out deliberations accordingly with their respective policies. Based on this, the research was carried out based on 2 legal issues, including legal vacancies, and the existence of multiple interpretations of each Islamic bank in running musyarah to handle troubled financing, one of which included PermataBank Syariah. From the legal issue, the formulation of the problem in this study was formed, namely: 1) how to finance the mudharabah contract at PermataBank Syariah; 2) how the Syariah Syariah Bank's strategy in handling troubled financing in mudharabah contracts. The method used in this study is sociological research with qualitative descriptive analysis because the research was carried out on direct conditions in the field. This qualitative descriptive is used to get data that is deep and meaningful. Mudharabah contract financing at PermataBank Syariah consists of 4 main stages, namely 1) prospective mudharib submits a request for financing; 2) if the requirements are complete, the bank will verify the data; 3) the bank surveys the field; 4) filling out the form and signing the contract by the prospective mudharib who passes verification. Efforts made by Permatabank Syariah KCS. Dr. Sutomo Surabaya in dealing with financing with problematic mudharabah contracts is divided into two approaches, namely, first, the pre-customer approach, which focuses on the selection of prospective customers. Second, the post-customer approach, which is carried out after the funds are disbursed to customers. If the two strategies are unsuccessful, then restructuring is carried out for customers who experience problem financing (Non-Performing Financing).Keywords: Islamic Bank, Mudharabah Agreement, Problem Financing, Non-Performing Financing, Banking Strategy
PRINSIP-PRINSIP SYARIAH DALAM AKAD PEMBIAYAAN KPR SYARIAH PADA KOPERASI SIMPAN PINJAM PEMBIAYAAN SYARIAH BAITUL TAMWIL MUHAMMADIYAH BABAT LAMONGAN mahmud mahmud; warsidi warsidi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 5 No 1 (2021)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v5i1.8765

Abstract

This study aims to prove empirically that the transaction contract and the mechanism of Sharia mortgages loan financing are carried out at BTM Mulia, Babat, Lamongan in accordance with Islamic sharia principles. This is a qualitative descriptive research, where which is focused on the study of legal actions (tasarruf), namely the implementation of mortgage loan financing at BTM Mulia with customers using murabahah contracts, and this is also called as a field research which data collection is carried out at KSPPS BTM Mulia, Babat, Lamongan. The results of this study are: (1) The implementation of the Sharia mortgages loan financing contract in BTM Mulia is in accordance with the theory of the contract which has been stipulated in Sharia Economic Law, both based on the DSN-MUI fatwas and Sharia Economic Law Compilation. (2) The implementation of Sharia mortgages loan financing (KPR) at BTM Mulia, Babat, Lamongan is in line with the sharia principles contained in Sharia Economic Law, which includes the principle of : 1). Tauhid : because the implementation of financing in BTM Mulia is not merely oriented towards the acquisition of economic benefits but more than that is to the spirit of help between human beings, 2). Justice : because there are no elements of gharar, maysir, and usury, and there are clear rights and obligations between the customer and BTM Mulia, 3). Benefit and Maslahah : because of the clear benefits and goodness, 4). Ta'awun : because if there are customers who have difficulty in installment payments, the BTM provides an extension of time for these customers to have the ability to repay their debt, 5). Khilafiyah or compliance with government regulations : because in terms of the contract procedures implemented, the mechanism that is carried out, as well as the method of resolving problems in the event of a dispute with the customer, BTM Mulia uses regulations that have been determined in Sharia Economic Law.Keywords: Sharia Principles, Transaction, Credit, Houses, BTM Mulia