Perlindungan Hukum terhadap Nasabah Penerima Pembiayaan dalam Pelaksanaan Akad Murabahah pada Bank Syariah Indonesia Cabang Medan Adam Malik

Abstract

Due to the merger of three sharia banks in Indonesia into Bank Syariah Indonesia, there are many changes and adjustments in terms of implementation conditions and management. Deviations between marabahah financing practice and sharia legal concept and standards as well as positive law are still found. This research focuses on three problems, namely the regulations on murahahah financing in sharia banking system in Indonesia, the implementation of murabahah financing agreement in Bank Syariah Indonesia Adam Malik Medan Branch, and the comparison between legal protection system for financing customers in the implementation of murabahah agreement in Bank Syariah Indonesia Adam Malik Medan Branch from before and after the merger (compared to BNI Syariah).

This normative juridical research makes descriptive analysis. Its data are sourced from secondary data and are supported by primary secondary, and tertian legal materials. These data are collected through library research and interview and analyzed qualitatively The regulation concerning murabahah contract and agreement in the haria

banking system in Indonesia is regulated in some written regulations, namely Law No. 21/2008 on Sharia Banking Indonesia Bank Regulations Circular of Bank Indonesia Fatwa of National Sharia Board, and Regulations of Financial Service Authority and Financial Accounting Standard Requirements. The implementation, the form of agreement, and operational standard of murabahah financing product in Bank Syariah Indonesia Adam Malik Medan Branch has been carried out and it is referred to the source of positive law and sharia law in Indonesia. Murahahah financing process in Bank Syariah Indonesia involves 7 stages, namely target market determination financing application, investigation, financing analysis, financing decision financing agreement, and disbursement Financing facilities in Bank Syariah Indonesia Adam Malik Medion Branch are categorized based on a few things, namely usage purpose forms of facility, tenure, and agreement scheme. In comparison, the legal protection system for financing customers in the implementation of murabahah agreement in Bank Syariah Indonesia Adam Malik Medan Branch from before and after the merger (compared to BNI Syariah) is generally still the same. The only difference is regarding their internal provisions and some technical implementations. During this transition period, Bank Syariah Indonesia Adam Malik Medan Branch still refers to previous provisions from BNI Syariah if some regulations have not been specifically stipulated by Bank Syariah Indonesia