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All Journal JHR (Jurnal Hukum Replik) INSPIRING LAW JOURNAL
Dewi, Inggrid Kusuma
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Dispute Resolution of Sharia Gold Pawn in Indonesia Dewi, Inggrid Kusuma; Nadirah, Ida
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.10811

Abstract

Among the sharia economic products that are present in society are pawn products. However, of course sharia pawning must still be tested in an effort to improve the welfare of society. This research tries to find answers related to questions regarding the execution of collateral objects carried out by Sharia Banks or Sharia Pegadaian on customers' gold when gold prices are falling which can cause losses for customers. Apart from experiencing losses due to the sale of their gold which has a lower value, they also have to pay pawn deposit fees and other costs. For this reason, legal protection is needed for customers to prevent and overcome these problems. The suggestion that the researcher recommends is that regulations need to be made, a standard pawn system and socialization of sharia pawn products, which at the very least will be supported by the government. In the event of a dispute, mediation must be prioritized which refers to the teachings of Islamic law
Land Rights as Security for Materials Dewi, Inggrid Kusuma
Inspiring Law Journal Vol 2, No 2: Juli - Desember
Publisher : Inspiring Law Journal

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Abstract

Article 14 paragraph (3) of the Mortgage Rights Law states "The Mortgage Rights Certificate as referred to in paragraph (2) has the same executive power as a court decision that has obtained permanent legal force and is valid as a substitute for the grosse acte Hypotheek as far as it concerns land rights". The definition of executive power can be interpreted as "the right to sell the object of the mortgage right with one's own authority which is one manifestation of the priority position held by the mortgage right holder or the first mortgage right holder in the event that there is more than one mortgage right holder. The right is based on the promise of the mortgage right grantor that if at any time the debtor defaults, the mortgage right holder has the right to sell the mortgage right object by means of a public auction
Co-Authors Nadirah, Ida