Pembiayaan Mudharabah Dengan Jaminan Deposito Mudharabah

Abstract

The use of mudharabah deposits as a financing is rarely. Generally, customers use tangible assets as collateral, and do not know that mudharabah and savings deposits can be used as collateral for bank loans as well. Indeed, all banks receive collateral in the form of mudharabah deposits, but a number of large banks such as Bank Mandiri Syariah, BNI Syariah, BRISyariah etc., which allows deposits mudharabah deposited customers are used as collateral when the customer is taking to finance. The most important benefit is that customers can retain ownership of the property owned by the customer. This solution is a way out when the customer has a sudden need, because the customer has saved money in the form of 6 or 12 months financing. Customers may borrow up to 70-90 percent of mudharabah deposits, depending on the policy of the sharia bank. According to the above background the statement "The use of mudharabah deposits as financing" according to the author is not appropriate, because in Law No. 12 of 2008 on Islamic Banking and Fatwa National Sharia Council Majelis Ulama Indonesia which is the legal umbrella of all activities in Islamic banking has not regulated clear about the service. Financing is cooperation between institutions and customers where the institution as the owner of capital (shahibul maal) and customers as a function to generate business. Mudharabah Deposit is an investment fund placed by a customer that is not contrary to sharia principles and withdrawal can only be done between the bank and investor customers. Rahn is the detention of an item with the right so that it can be used as payment of the goods. Maqashid al-Shari'ah is the law that is sanctioned for the benefit of the human world and afterlife. The conceptual framework in this thesis research uses 3 (three) laws, namely Law Number 12 Year 2008 on Sharia Banking, Fatwas issued by the National Sharia Board of the Indonesian Ulema Council and the Compilation of Islamic Economic Law which monitors all activities in sharia banking related to financing mudharabah with mudharabah deposit bail. Starting from the customer apply for financing until the sharia bank receives mudharabah financing bail with mudharabah deposit bail. The results of the study found that mudharabah deposits as collateral is an immovable moving object and mudharabah deposit is the object of mortgage guarantee. The receipt of mudharabah deposits as collateral for financing is inseparable from the certainty of the amount with other financing collateral. So it can be said that the provision of financing with mudharabah deposit guarantee provides a very high level of security and surely for the creditors when mudharabah deposits are issued by the Bank of Sharia financiers. The results of the research in this second thesis is the debtor party to block and disbursement of deposit funds in case of default. The time limit given by the bank is if there is a 1 day delay in the bank call and wait, from the result of the notification to the debtor to immediately pay it up to day 6, but if it does not pay off then on the 7th day if it can not be executed in accordance with the agreement has been made by the debtor with the bank, so the deposit guarantee is considered as a repayment of the loan financing that the debtor has made. The result of this third thesis is Maqâshid syari'ah and maslahat has a very urgent role to be used as a knife analysis in answering the problems related to sharia economy and business growing today. The obligations of Islamic jurists and economists and shari'ah businesses in Indonesia work hard to always conduct studies related to the economic and business issues of shari'ah, so that in its development is also really in accordance with the context of Indonesiaan.Penyelenggaraan Syariah-based business activities in Indonesia are based on the fatwa of the National Sharia Board of MUI regarding the ability to conduct syariah-based business activities. Sharia banking regulation must be free from sharia-prohibited practices such as riba’, ghahar, and maisyir In line with the results of the research, at the end of this study the researcher gave the first recommendation addressed to the Parties concerned in sharia banking more disseminating the existence of Sharia Bank to the public, especially to the perception of some people who are pro and contra to halal and haramnya usury or interest Bank as well as to the superiority of the concept of sharia banking based on the principle of partnership. And more socialize services products and services to the public through print media and internet media. For sharia banks in Indonesia should refine mudharabah financing contracts, by adding clauses that deal explicitly with regard to sanctions to be imposed on customers who default