Abstract

Agreement is a where action one person or people bind your self against or more persons. In general people are free to make agreement not tied to particular shape can be made oral or writtrn. Financing is provision of funds or bill whinc in the equation with it. Musyarakah is a partnership agreement thet the benefits and risk will be borne together as agreed. Customers are parties who use the services of islam bank and UUS, syariah bank is a that runs is business activities based on syariah principles. Research method used in this research Empirical Juridical. The perpuse of this study is to find out how the Implementation in musyarakah financing and what are the obstcles that occur in the implementation, the implementation of the musyarakah financing agreement, implementation on the basis of syariah principles and agreement of bots parties, then in the implementation there are barriers thet the customers in this case does not perform it’s obligation in accordance eith the contents of the agreement thet has been made. In setting the matter, the ways of deliberation between the two parties do not find an agreement on the matter, then to resovle the matter is pursued by legal means throught the courts or through the arbitration body. Problem in change of islam is conducted in tree ways, nemaly though the road of peace, trough thes road the bank and with rescheduling done, then two road of arbitration, and then though the road of justice.

Highlights

  • The development of Sharia banking in Indonesia after Law No 10 of 1998 concerning amendments to Law No 7 of 1992 on banking took place so rapidly

  • In providing credit to customers, based on sharia principles the bank must have confidence based on an in-depth analysis of the intention and ability and ability of the debtor's customers to pay off their debts or return the financing in accordance with the agreement

  • In the Civil Code, Article 1313 defines that an agreement is an act in which one or more persons bind themselves to one or more persons

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Summary

INTRODUCTION

The development of Sharia banking in Indonesia after Law No 10 of 1998 concerning amendments to Law No 7 of 1992 on banking took place so rapidly. In providing credit to customers, based on sharia principles the bank must have confidence based on an in-depth analysis of the intention and ability and ability of the debtor's customers to pay off their debts or return the financing in accordance with the agreement. To obtain these beliefs, before providing credit, the bank must conduct a careful assessment of the character, capability, capital, collateral, and business prospects of the debtor's customers. A problem can be taken, namely about the Implementation of Musyarakah Tehadap Customer Financing Agreement at Sharia Bank and what are the obstacles (problems) in the Implementation of Musyarakah Financing Agreement at Sharia Bank?

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