ANALISIS PENERAPAN ASAS PROPORSIONALITAS DALAM AKAD BAKU PEMBIAYAAN MURABAHAH PADA PT BANK PEMBANGUNAN DAERAH JAWA TENGAH BERKEDUDUKAN DI KOTA SEMARANG

WIDYAWATI, RITA (2017) ANALISIS PENERAPAN ASAS PROPORSIONALITAS DALAM AKAD BAKU PEMBIAYAAN MURABAHAH PADA PT BANK PEMBANGUNAN DAERAH JAWA TENGAH BERKEDUDUKAN DI KOTA SEMARANG. PhD thesis, Universitas Sebelas Maret.

[img] PDF - Published Version
Download (1050Kb)

    Abstract

    ABSTRACT Rita Widyawati. S351502026. The Analize of Application Proportionality Principle in Standard Agreement in Murabahah Funding Agreement on PT Bank JATENG Syariah located in Semarang . 2017. Notary Program of Faculty of Law of Sebelas Maret University. This research was conducted to analyze the Standard Agreement and Proportionality Principle Application in Murabahah Funding Agreement according to Islam Law. This study employed non-doctrinal approach method or normative research. The result of research showed that the application of proportionality or Al Muswah principle in murabahah agreement made in PT. Bank Jateng Syariah was not included completely in the clauses made, particularly the clauses concerning Funding amount, objective, form, and deadline, and those concerning Affirmative Covenant containing the accumulation of obligation for the customers. The application of shariah principles in murabahah agreement made in PT. Bank Jateng Syariah as governed in the Law Number 21 of 2008 about Shariah banking had met some of shariah principles. They were the Shariah principles as mentioned in the provision of National Shariah Council’s instruction (Fatwa) Number 4/DSN-MUI IV/2000 on April 1, 2000 about Murabahah, Pancasila Democratic Principle in the clause concerning the dispute settlement with discussion and caution principle in collateral clause. The form of standard agreement in murabahah agreement, according to the provision of Islam law, was allowed but was not recommended because there is another guidance determined as the determined in Quran Surrah Al Baqarah verse 282 stating that another agreement written by a just writer or positive law concept is called notarial deed. Keywords: Shariah Bank, Proportionality Principle, Standard Agreement, Murabahah Agreement.

    Item Type: Thesis (PhD)
    Subjects: J Political Science > J General legislative and executive papers
    Divisions: Pasca Sarjana
    Pasca Sarjana > Magister
    Pasca Sarjana > Magister > Magister Kenotariatan
    Depositing User: Retno Andriani
    Date Deposited: 29 Aug 2017 20:14
    Last Modified: 29 Aug 2017 20:14
    URI: https://eprints.uns.ac.id/id/eprint/34347

    Actions (login required)

    View Item