Mu'amalah : Jurnal Hukum Ekonomi Syariah
Vol. 3 No. 2 (2024)

Establishing Warehouse Receipts as Debt Guarantees in Indonesia’s Sharia Economic Law

Hastarini, Arvita (Unknown)
Ariesta Wibisono Anditya (Unknown)
Elza Qorina Pangestika (Unknown)



Article Info

Publish Date
15 Nov 2024

Abstract

This study addresses Indonesian farmers' challenges in accessing credit due to limited collateral options recognized by financial institutions. Farmers often struggle with capital access, as their agricultural products are not classified as eligible collateral under existing regulations. As a result, they cannot use their crops as collateral due to the absence of legal provisions. The research aims to answer two main questions: How can the position of Warehouse Receipts be recognized as a Debt Guarantee Right in Indonesian law? What is the execution power of Warehouse Receipt guarantees if the debtor defaults? This study analyzes the relevant laws and regulations using a normative juridical research method with a statutory approach. The findings reveal that Law No. 9/2006 (amended by Law No. 9/2011) established a legal framework for Warehouse Receipts, transforming them from proof of custody into evidence of property rights. This legal recognition enables Warehouse Receipts to be used as collateral, providing farmers an avenue to access credit. Furthermore, the study concludes that the execution of Warehouse Receipt guarantees is enforceable in cases of debtor default, offering enhanced legal certainty for creditors.

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Journal Info

Abbrev

muamalah

Publisher

Subject

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Mu`amalah specializes in the study of sharia economic law, as well as conducting scientific publications containing research articles on sharia economic law to support the development of Islamic jurisprudence. This journal is published twice a year in the January-June period and the July-December ...