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All Journal JESI (Jurnal Ekonomi Syariah Indonesia) Legal Protection for the Partnership Agreement Parties
Deri Rizal
Universitas Islam Negeri Mahmud Yunus Batusangkar
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Solving Problematic Financing Through the Execution of Murabaha Contracts: A Case Study of Agam Madani BMT Alfin Dani Arwanto; Farida Arianti; Wina Antika Putri Z; Suci Fitri Yani; Maisarah Leli; Deri Rizal
JESI (Jurnal Ekonomi Syariah Indonesia) Vol 13, No 1 (2023)
Publisher : Universitas Alma Ata

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (259.097 KB) | DOI: 10.21927/jesi.2023.13(1).124-133

Abstract

Murabahah is one of the contracts and products at BMT Agam Madani. This product is financing that is in great demand and is liked by the public. Murbahah contracts cannot be avoided when problematic financing occurs which is favored by interested parties from the community indirectly and contains risks. This study aims to describe the use of the execution method to overcome problematic financing in Murabaha contracts. The method used is a qualitative method with a case study approach. The source of data is done by looking at the social situation regarding problematic financing to the point of saturation. Data collection techniques were carried out using in-depth interviews, namely interview guides aimed at customer informants and BMT employees, besides that they also made observations. The results found from the research that the settlement of problematic financing at BMT Agam Madani is classified into two forms, if there is good faith from the customer, then a rescheduling is carried out. If the customer is not good enough, a warning letter will be given up to three times and ends with execution in the form of submitting debt guarantees. This is done because the letter of guarantee signed by the parties is entered into as a deed of acknowledgment of debt which is classified as an authentic deed and execution as an execution of the payment of a sum of money.
The Ambiguity of Using the Statement of Absolute Responsibility Based on Minister of Home Affairs Regulation Number 109 of 2019: Study in Dharmasraya Regency, West Sumatra Province, Indonesia Nofialdi Nofialdi; Elimartati Elimartati; Syukri Iska; Deri Rizal; Firdaus Firdaus; Kasmidin Kasmidin; Hamdani Hamdani
Al-Risalah Vol 23 No 1 (2023): June 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i1.1358

Abstract

Marriages are required to be registered under the provisions of Law Number 1 of 1974, specifically Article 2. This registration plays a crucial role in establishing the legality of marriages and enables the utilization of different associated benefits. Meanwhile, unregistered marriages give rise to a range of legal issues, including uncertainties regarding lineage, concerns related to maintenance, and inheritance rights. In line with the Ministry of Home Affairs Regulation Number 109 of 2019 regarding Population Administration, couples involved have the option to obtain important documents such as the Population Identification Card (KTP), Birth Certificate, and Family Card (KK) by signing a Statement of Absolute Responsibility (SPTJM). This situation raises significant concerns regarding the legal implications of unregistered marriages. Therefore, this study aimed to employ an empirical legal approach with qualitative methods and obtained data through interviews, observations, and documentation. The data analysis used Miles and Huberman's method to uncover the meaning within Ministry of Home Affairs Regulation Number 109 of 2019 regarding Unregistered Marriages and unveiled the ambiguity in understanding the true meaning. Furthermore, a study conducted in Dharmasraya Regency in 2021 discovered the issuance of 69,144 Family Cards by the Directorate General of Population and Civil Registration, and 22,453 (32.47%) were unregistered marriages. Only 194 individuals applied for validation (isbat) within 3 years, where 101, 27, and 66 were accepted, rejected, and revoked, respectively. In conclusion, the community perceived their marriages to be legal due to the issuance of Ministry of Home Affairs Regulation Number 109 of 2019, even though the SPTJM did not legalize the concept or hold legal authority over the consequences.
Co-Authors Alfin Dani Arwanto Elimartati Elimartati Farida Arianti Firdaus Firdaus Hamdani Hamdani Kasmidin Kasmidin Maisarah Leli Nofialdi Nofialdi Suci Fitri Yani Syukri Iska, Syukri Wina Antika Putri Z