Abstract
This study aims to analyze and explain the regulatory mechanism and execution of mortgage rights at the Mataram Branch of the BRI Syari'ah Bank and the competence of the West Lombok Giri Menang Religious Court regarding the settlement of mortgage execution disputes at the Mataram Branch of BRI Syari'ah Bank. This research method is a normative-empirical legal research with a statutory approach, a conceptual approach and a sociological approach. From the research results obtained the first results, namely the arrangement and execution of mortgage rights at the Bank BRI Syari'ah Mataram Branch based on Article 6 Jo. Article 20 of Law Number 4 of 1996 concerning Mortgage Rights by using the Parate Executie. The Execution Parate in Law Number 4 of 1996 concerning Mortgage Rights is aimed at providing convenience to the Bank BRI Syari'ah Mataram Branch as the Creditor in executing the object of the mortgage in order to get full repayment of the debt if the debtor is in default. Second, the competence of the West Lombok Giri Menang Religious Court in terms of resolving mortgage execution disputes at the Mataram Branch of the BRI Syari'ah Bank has become the absolute competence (authority) of the Giri Menang Religious Court as regulated in Law Number 3 of 2006 concerning Amendments to the Law. -Law Number 7 of 1989 concerning Religious Courts and Article 55 of Law Number 21 of 2008 concerning Syari'ah Banking, as long as this is contained in the contract and the settlement mechanism applies the principles of shari'ah. Keywords: execution, mortgage, Bank BRI Syariah Mataram Branch. DOI: 10.7176/JLPG/107-04 Publication date: March 31 st 2021
Highlights
Syari'ah Banking Institutions as business entities that play an important role in development activities through Bank Syari'ah, namely institutions that are active and credible in supporting national development that can influence the world economy
This study aims to analyze and explain the regulatory mechanism and execution of mortgage rights at the Mataram Branch of the BRI Syari'ah Bank and the competence of the West Lombok Giri Menang Religious Court regarding the settlement of mortgage execution disputes at the Mataram Branch of BRI Syari'ah Bank
The competence of the West Lombok Giri Menang Religious Court in terms of resolving mortgage execution disputes at the Mataram Branch of the BRI Syari'ah Bank has become the absolute competence of the Giri Menang Religious Court as regulated in Law Number 3 of 2006 concerning Amendments to the Law. -Law Number 7 of 1989 concerning Religious Courts and Article 55 of Law Number 21 of 2008 concerning Syari'ah Banking, as long as this is contained in the contract and the settlement mechanism applies the principles of shari'ah
Summary
Syari'ah Banking Institutions as business entities that play an important role in development activities through Bank Syari'ah, namely institutions that are active and credible in supporting national development that can influence the world economy. National development to improve the standard of life for a just and prosperous society as stated in Pancasila and the 1945 Constitution of the Republic of Indonesia. The function of the Syari'ah Bank is such as collecting funds, channeling funds and providing services in the spirit of the shari'ah economy. One of the business activities of Bank Syari'ah in terms of channeling funds is providing financing (murabahah) which is commonly referred to as credit in conventional banks. Disbursing financing funds to customers or debtors who need it, must be accompanied by conditions that can guarantee that there are no non-performing loans that harm Bank Syari'ah as a creditor. A creditor must know the ability and willingness of the debtor to return the financing funds on time, the creditor needs to carry out several assessments in the financing application
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