Analisis Fatwa DSN MUI No. 17/DSN-MUI/IX/2000 tentang Penerapan Denda Keterlambatan pada Pembiayaan Gadai Emas di Pegadaian Syariah

Abstract

Abstract. Based on MUI DSN Fatwa No.17/DSN-MUI/IX/2000 explains that Islamic financial institutions may impose fines on customers who are late in making installment payments with the aim of providing a deterrent effect to those who are able but delaying payments. Meanwhile, customers who cannot /cannot afford to pay due to force majeure may not be subject to sanctions. In practice, the Islamic pawnshop gives fines to customers due to force majeure. This research was conducted to answer three problem formulations: 1. What is the concept of pawning and late fines in Islamic law? 2. What is the procedure for giving gold pawn in sharia pawnshop? 3. How is the analysis of DSN MUI Fatwa No.17/DSN-MUI/IX/2000 concerning the application of late fines to the financing of gold pawning at Pegadaian Syariah? This research method is a qualitative research method with the type of field research. Data collection techniques in this study were observation and interviews. The results of this study stated that: First, in Islamic law for the application of late fees that is permissible, because Islamic Institutions with Islamic principles refer to the MUI Fatwa DSN No.17/DSN-MUI/IX/2000. Second, the Customer carries his KTP and collateral, then signs the contract. After disbursing the amount of direct funding, administrative costs are deducted, and the customer is also charged an Ijarah fee per 10 days. If past due, the customer is subject to a fine of 2% per 10 days. Customers can extend the maturity for 4 months. If it still cannot pay, the collateral will be directly auctioned. Third, the Pegadaian Syariah in carrying out financing of Islamic gold pawning is not in accordance with DSN Fatwa No.17/DSN-MUI/IX/ 2000 which is the first point. In this case the sharia pawnshop is not analyzing more deeply whether this is intentionally or indeed can not pay because force majeure like the plague covid-19