THE APPLICATION OF BANK GUARANTEE EXECUTION IN SHARIA CONCEPT

Rizka Syafriana, Lilawati Ginting

Abstract


One sector that helps a country's economic growth is banking. The types of guarantee institutions as they are known in the Indonesian legal system, can be classified according to the way they occur, according to their nature, according to their objects, according to the authority to control them. Initially, Indonesian banks preferred the conventional banking system to a banking system based on Islamic sharia. With the establishment of Bank Muamalat Indonesia in 1991, which was the first bank based on Islamic sharia. In addition, the enactment of Law Number 21 of 2008 concerning Sharia Banking shows a strong commitment to the development of Islamic banking. Article 19 paragraph (1) of the Law regulates business activities carried out by Islamic banks, including sharia contracts such as mudharabah, murabahah, ijarah, kafalah, and others. In sharia bank guarantee products, kafalah is a contract, if there is a default, execution will be carried out on the object of the guarantee, execution is an attempt by a party won in a decision to obtain what is rightfully entitled to him with the help of legal force.  Therefore, this study uses a statute approach and conceptual approach where there are rules regarding kafalah in Islamic banks which will then be seen as appropriate or not with what has been applied in Islamic banks in Indonesia.

 


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References


HS, S. (2004). Development of Guarantee Law in Indonesia. Jakarta: PT. King Grafindo Persada.

Naja, H. D. (2005). Credit Law and Bank Guarantee. Bandung: PT. The image of Aditya Bakti.

Meliala, D. S. (2015). The Development of Civil Law on Objects and the Law of Engagement. Bandung: Nuances of Aulia.

Sutarno. (2003). Legal Aspects of Credit in Banks. Jakarta: Alfabeta.

Asikin, Z. (2014). Introduction to Indonesian Banking Law. Jakarta: PT. King Grafindo Persada.

H.S, S. (2003). Contract Law. Jakarta: Sinar Grafika.

Risa, Y. (2018). Legal Protection Against Creditors for Default of Debtors in Credit Agreements with Collateral of Dependent Rights. Scientific journals.

Widiyono, T. (2009). Credit Collateral in financial engineering. Jakarta: Ghalia Indonesia.

Kasmir. (2014). Banks and other Financial Institutions. Jakarta: PT. King Grafindo Persada.

Tutik, T. T. (2008). Civil Law in the National Legal System. Jakarta: Kencana.

Kasmir. (2004). Banking Management. Jakarta: PT. King Grafindo Persada.

Supramono, G. (2013). Accounts Receivable Agreement. Jakarta: Kencana.

Satrio, J. (1996). Warranty Law and Personal Guarantee Rights. Bandung: Citra Aditya Bakti.

Subject. (1997). Civil Procedure Law. Bandung: Bina Cipta.

Harahap, M. Y. (2006). Scope of Execution Issues in the Civil Field. Jakarta: Sinar Grafika.

Ghoni, A. (2016). Implementation of Legal Settlement on Execution of Guarantees in Sharia Banking. Ius Constituendum, 1(2).

Antonio, M. S. (2001). Islamic Banks from Theory to Practice. Jakarta: Gema Insani.

Zuhaili, W. A. (2007). Fiqih Islam Wa Adillatuhu. Depok: Gema Insani.

Harahap, M. Y. (2000). The scope of the problem of civil field execution. Jakarta: Gramedia.

Hidayat, T. (2006). Warranty and Its Application in the Perspective of Islamic Law. Journal of Al Mawarid, 116.

Lubis, M. T. (2019, January - June). Implementation of Collateral Seizure as an Object of Dispute in the Hands of a Third Party in Handling Civil Cases. De Lega Lata, 4(1), 45.

Lubis, M. S. (2022). Online buying and selling is reviewed from Islamic Law. Notary Journal, 1(1), 59.


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