Aspek Hukum dalam Pelaksanaan Gadai Emas pada Bank Syariah Indonesia sebagai Lembaga Penyedia Jaminan Gadai Emas (Studi pada BSI Region II Medan)

Abstract

This thesis is set back by the widespread phenomenon of gold pawn in the community and the existence of an advantage of gold as a protective tool compared to other assets. The syariah principle should be able to avoid acts of gold pawn fraud that can harm customers and banks themselves. There are practices that need to be considered, ranging from fees and costs for storing goods (ujroh), administrative costs incurred, contracts used in gold pawns, the amount of financing obtained, to the consequences of the Customer's law of achievement and protection that banks can provide to Customers. This study addresses several issues, including the compatibility of gold pawn practices in Bank Syariah Indonesia (BSI) Region II Medan with regulations, sales process and remaining sales of gold pawn financing collateral, as well as the legal form of protection against gold pawn debtors in Bank Syariah Indonesia (BSI) Region II Medan in the event of a drop in the price of gold at the time of the execution of the pawnbroker. Based on the research results it was concluded that the implementation of gold pawn in Bank Syariah Indonesia (BSI) in general has been in accordance with Fatwa Dewan Syariah Nasional Majelis Ulama Indonesia (DSN MUI) Number 26/DSN-MUI/III/2002 regarding Rahn Gold and Fatwa DSN MUI Number 25/DSN MUI/200/200 regarding Rahn. The practice of gold pawn at Bank Syariah Indonesia (BSI) is carried out based on the Standard Operasional Prosedur (SOP) applicable to banks which is then listed on the Surat Bukti Gadai Emas (SBGE) sheet. However, related to the method of selling gold pawn collateral objects in BSI Region II Medan is not in accordance with the Fatwa DSN MUI, which practices selling pawn objects in BSI through sales to gold shops, while Fatwa DSN MUI regulates the process of selling pawn objects through the syariah auction process. Nevertheless, the policy that does not comply with the Fatwa DSN MUI does not violate the syariah element directly because it does not violate either the reconciliation or the legal conditions of rahn contract. In addition, the policy does not violate the bond law considering that the sales process is still based on the agreement between BSI and the Customer as stipulated in Pasal 1155 KUHPerdata. In addition, related to the process of selling pawn objects is carried out with several stages that begin with a verbal warning to the Customer until the sale of pawn objects is done. The rest of the sale still belongs to the Customer. In the event of a decrease in gold prices during the execution of pawn objects, BSI provides a solution through the policy of delaying the sale of pawn goods, so that Customers still strive for the ability to pay.