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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Utary Maharany Barus
Faculty of Law, Universitas Sumatera Utara, Indonesia
Law, Crime, Criminology & Criminal Justice

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Fulfillment of the Principle of Transparency Due to the Transfer of Receivables with Wakalah Al-Mutlaqah Without the Customer's Knowledge in Islamic Banking Utary Maharany Barus; Tengku Keizerina Devi Azwar; Montayana Meher
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6755

Abstract

This study discusses the fulfillment of the principle of transparency in the practice of transferring receivables through the wakalah al-mutlaqah contract carried out by Islamic banking without the knowledge of customers. Transparency is a fundamental principle in Islamic banking activities as a form of protection of customer rights. However, in practice, the transfer of receivables originating from financing contracts is often carried out through the granting of general power of attorney (wakalah al-mutlaqah) to a third party without notification or explicit consent from the customer as an interested party. The purpose of this study is to analyze the compliance of this practice with Islamic principles and applicable laws and regulations, and to assess the extent to which the principle of transparency is fulfilled. This study uses a normative juridical method with a statutory approach, a conceptual approach, and a case approach. The results of the study indicate that although the transfer of receivables through wakalah al-mutlaqah is permitted under Islamic jurisprudence, its implementation without notification to the customer has the potential to ignore the principle of transparency and can lead to disputes. Therefore, it is necessary to strengthen internal regulations in Islamic banking so that the receivables transfer process continues to prioritize the principles of transparency and consumer protection in the Islamic financial system in Indonesia.
The Inclusion of Clauses in Motor Vehicle Financing Agreements That Harm Consumers in Medan City Dedi Harianto; Mulhadi; Utary Maharany Barus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.6786

Abstract

Consumer financing agreement clause determined unilaterally by a consumer financing company by eliminating consumer rights to rengotiate the clause. This condition causes the inclusion of a clause more oriented to the interests of consumer finance company and potentially harm consumers. The formulation of the problem in this study is as follows :how is the form of the clause of a motorized vehicle financing agreements that harm consumers in the city of Medan, how is the legal impact caused by the inclusion of a clause on motorized vehicle financing agreements that harm consumers in the city of Medan. The research method used is a normative juridical and empirical juridical research method with, inductive and deductive method of drawing conclusions. There are several consumer financing agreement clauses that have the potential to cause consumer lossesin the city of Medan, including : the inclusion of a payment clause in full if the debtor delays the installment payment, authorizing consumer finance companies to withdraw vechile units without prior notice. The legal impact caused in the form of a dispute between the parties at BPSK and the court and the refusal of the parties to implement the agreement on motor vehicle consumer financing agreements.
Co-Authors Dedi Harianto Montayana Meher Mulhadi Tengku Keizerina Devi Azwar