RISK OF MORTGAGE LOAN FINANCING - MEASUREMENT AND HEDGING

Implementasi Akad Murabahah Pada Produk Pembiayaan Kredit Pemilikan Rumah (KPR) di Bank Syariah Mandiri KC Bojonegoro Menurut Hukum Ekonomi Syariah

Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah ◽

10.30651/justeko.v3i1.2960 ◽

2019 ◽

Vol 3 (1) ◽

Author(s):

Anis Muhtarom

Keyword(s):

Legal Theory ◽

Field Research ◽

Mortgage Loan ◽

Mortgage Loans ◽

Economic Law ◽

Loan Financing ◽

Qualitative Descriptive ◽

System F ◽

To Receive

This study discusses about how the implementation of the murabahah bil wakalah contract theory on mortgage products in the Bank Syariah Mandiri KC Bojonegoro is seen from the perspective of Sharia Economic Law. The scope of this research is limited to the following issues: (1) How is the implementation of the murabahah contract on mortgage loans in Bank Syariah Mandiri KC Bojonegoro? (2) How is the implementation of the murabahah contract on mortgage loan products in the Bojonegoro KC Mandiri Syariah Bank according to the Sharia Economic Law? This research includes the type of field research. Because this research was conducted at Bank Syariah Mandiri KC Bojonegoro. This research is a qualitative descriptive study because in this study the author will focus the discussion on legal facts in the form of the implementation of financing between banks and customers with murabahah contracts which will then be continued with a comparative analysis of the legal facts referred to as sharia economic law theories. This is intended to test the compatibility between legal theory and the legal practice in question.The results of this research include: (1) The mechanism that must be taken to be able to receive financing for Public Housing Loans from Bank Syariah Mandiri KC Bojonegoro, is carried out through predetermined stages including: (a) submission; (b) BI checking / IDeb (debtor information); (c) the implementation of collateral estimates; (d) determination of ceilings; (e) Imputing data into a computer system; (f) approval of the official for mortgage loans; (g) Issuance of SP3 (Letter of Notification of Financing Approval); (h) Implementation of the contract which is attended by prospective customers, banks and notaries; (i) Disbursement. As for the agreements made between prospective customers and banks, there are elements as follows: (a) Contracting parties; (b) Sighat or iqab qabul akad murabahah; (c) Contract object. The object of the contract referred to in the housing loan product is a new or used house; (d) Nature of contract. Agreements are made clearly, both concerning objects, ceilings, time periods, contract places, financing nominal, margin obtained by the bank, and principal installments. In the event of default or bad credit where the customer is late in paying the installments, the bank's contribution will take the following steps: (a) Intensive billing; (b) Provision of Warning Letters 1, 2 and 3; (c) A restructuring offer (if the customer is pleased), ie installments are adjusted to the customer's ability and large at the end; (d) Voluntary guarantee selling offers; (e) Guaranteed auction. In a condition where the customer is not willing to carry out a contract restructuring, the bank offers that the auction of assets is a guarantee of the akah murabahah. As for the auction, the bank cooperates with a secret auction agency. (2) The implementation of housing loan financing with a murabahah contract in Bank Syariah Mandiri KC Bojonegoro is not in accordance with Sharia Economic Law originating from Law Number 21 of 2008 concerning Islamic Banking, MA Regulation Number 2 of 2008 concerning Compilation of Sharia Economic Law and DSN-MUI fatwa Number 4 of 2000 concerning Murabahah. Keywords: Contract, Murabahah bil Wakalah, KPR, BSM, Sharia Economic Law.

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PRINSIP-PRINSIP SYARIAH DALAM AKAD PEMBIAYAAN KPR SYARIAH PADA KOPERASI SIMPAN PINJAM PEMBIAYAAN SYARIAH BAITUL TAMWIL MUHAMMADIYAH BABAT LAMONGAN

Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah ◽

10.30651/justeko.v5i1.8765 ◽

2021 ◽

Vol 5 (1) ◽

Author(s):

Mahmud Mahmud ◽

Warsidi Warsidi

Keyword(s):

Data Collection ◽

Field Research ◽

Economic Benefits ◽

Mortgage Loan ◽

Human Beings ◽

Government Regulations ◽

Descriptive Research ◽

Economic Law ◽

Loan Financing ◽

Qualitative Descriptive

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

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