Abstract
According to Article 19 Paragraph (1) of the Law Number 21 of 2008 concerning Sharia Banking, one of the activities of Sharia Banking is to provide financial funding based on musyarakah (profit sharing). The implementation of musyarakah by PT Bank Aceh Syariah in Banda Aceh has been covered up to 85 customers from the period of 2015 to 2017. In musyarakah contract the customers have to fulfil their obligations to pay the payments to the bank. However, the fact shows that the customers could not fulfil their obligations to pay their payments to the bank because they have income problems in running their businesses. From 2015 to 2017 there were seven customers were not well performed musyarakah. This condition has resulted in breach of contract by the customers which is known as non-performing musyarakah funding. This study aims to scrutinize legal consequences arising from non-performing musyarakah funding and identify the efforts taken in the settlement of this problem. This study is an empirical juridical research. Data required for this study were collected through field research by interviewing respondents or informants. The result shows that the legal consequences arising from this non-performing musyarakah funding were pledges or defaults by the customers because they violate the Article 12 of Musyarakah contract. The efforts taken in settling this problem among others are collecting the arrear obligations and handling non-performing musyarakah to the bank’s officer to be analysed based on legal analysis. Therefore, it is advised that the customers should fully fulfil their obligation to pay their payments to the bank based on musyarakah contract. Then, the bank officers are suggested to fully analyse the arrear obligations of the customers based on legal analysis. By doing so it could reduce non-performing musyarakah funding in the future
Highlights
The Regulation Number 21 of 2008 concerning Sharia Banking2 provides that one of the activities of Unit Usaha Syariah (UUS) – Sharia Business Unit - is to distribute financing based on murabahah3, musyarakah4 contract or other contracts which are not contradictory with sharia principles
The basis of musyarakah law has been regulated in the Qur'an in Surah Shaad: 248, hadith9, ijma'10 and the Regulation Number
The legal consequences arising in nonperforming musyarakah financing of PT Bank Aceh Syariah, Branch of Banda Aceh are pledges or defaults due to the violation of Article 12 of the Agreement of Musyarakah pursuant to Article 1338 of the Civil Code
Summary
E-mail: INTRODUCTION Article 1 of the Regulation Number 7 of 1992 concerning Banking as amended by the Regulation Number 10 of 1998 defines that "Bank is a business entity collecting funds from the public in the form of deposits and distributing them to the public in the form of credit and/or other forms in the framework of improving people's lives ". The Regulation Number 21 of 2008 concerning Sharia Banking provides that one of the activities of Unit Usaha Syariah (UUS) – Sharia Business Unit - is to distribute financing based on murabahah, musyarakah contract or other contracts which are not contradictory with sharia principles. Article 1 of this regulation states that: Financing is the provision of funds or bills equivalent to them in the form of: 1. Shared transaction in the form of mudharabah and musyarakah; 2. MUI/IX/2000 concerning Sanctions on the Possible Customer for Procrastinating Payments; and Number 43/DSN-MU/VIII/ 2004 on Indemnification (Ta'widh11)
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