Analisis Putusan Hakim Perkara No. 0176/Pdt.G/2016/PA.Ska tentang Perbuatan Melawan Hukum dalam Akad Murabahah Perspektif Fatwa DSN-MUI

Indra, Ade and , Drs. Harun, M.H (2020) Analisis Putusan Hakim Perkara No. 0176/Pdt.G/2016/PA.Ska tentang Perbuatan Melawan Hukum dalam Akad Murabahah Perspektif Fatwa DSN-MUI. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The main problem between customers and Islamic banks is often caused by a lawsuit against the law. According to article 1365 of the Civil Code, each act inherits the law, which brings harm to others, requires that those who, due to wrong issuance of losses, replace the losses, the Plaintiff's claim can only be granted if they are able to prove the fulfillment of the following elements (there is an action, there is an error, there is an error loss, and there is a causal relationship) The judge has decided to reject the Plaintiff's claim and win the defendant's party. This study aims to determine the judge's consideration in completing case No. 0176/Pdt.G/2016/PA.Ska concerning Acts Against the Law in the Mura Agreement ̅bahah and the synchronization of the decision based on Fatwa No. 04/DSN-MUI/IV/2000 concerning Mura ̅bahah Contracts. This type of research includes field research, the method used is a qualitative method, based on normative data. This study uses a descriptive-analytic approach that is collecting and describing the main results of the problem, then dissect by analyzing the research object with primary and secondary data sources. The result is that, based on Judge's Decree on Case No. 0176/Pdt.G/2016/PA.Ska this Islamic economic dispute, the Panel of Judges who tried the case did not blame the actions of the Defendants who conducted the auction process for collateral or collateral objects. This is appropriate and true based on the provisions stipulated in Article 20 paragraph (1) of the UUHT which gives the Defendant the right to authority to auction off the object of collateral because of the default of the Plaintiff and Regulation of the Minister of Finance Number 27/PMK.06/2016 concerning Guidance for Tender Implementation. With the issuance of the Bidding Directive Regulation, the execution of the Mortgage Rights is no longer based on Article 224 HIR and Article 258 RBg which reads, the execution of the auction execution of the Mortgage Rights object is through the determination of the Court, the Article is a setback because it is considered to be no longer relevant, because there are specific regulations governing Underwriting Rights that have legal force. Based on the mechanism in the judge's ruling on parkara number 0176/Pdt.G/ 2016/ PA.Ska who won the Defendant's party or rejected the Plaintiff's claim, is legally appropriate and in line with DSN-MUI Fatwa guidelines No. 47/DSN-MUI/II/2005 concerning the provisions of the Mura ̅bahah contract and alternative dispute resolution based on the fatwa. This can be seen from the existence of several reasons (considerations) of judges in the process of hearing cases in the decision.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	judge's decision, mura ̅bahah, dispute, case, fatwa dsn-mui.
Subjects:	B Philosophy (General); Religion > BA Islam > BA12 Hukum Ekonomi Islam
Divisions:	Fakultas Agama Islam > Hukum Ekonomi Syariah (HES)
Depositing User:	ADE INDRA
Date Deposited:	17 Feb 2020 02:37
Last Modified:	28 Sep 2022 03:17
URI:	http://eprints.ums.ac.id/id/eprint/80965

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