| Summary: | Murabahah financing is a financing product of Bank Syariah Mandiri branch Muaro
Bungo Jambi. This research aims to: (1) determine the application of Imposing Attorney
Mortgages (SKMHT) in Murabahah financing guarantees for certain financing Agreement
with Bank Syariah Mandiri Branch Muaro Bunge Jambi with a value of 10-50 million
rupiahs. (2) Determine the legal protection of the implementation of Imposing Attorney
Mortgages (SKMHT) to the bank in terms of customer default. (3) Determine problems in the
process of finalizing financing in Murabahah financing agreement.
This research used a mixed approach that is a combination of empirical juridical and
normative juridical, because of problems in this research includes two methods of approach
to the study, The subject of research is the respondents and interviewees who really
understand about the problems examined, using a purposive sampling technique for the
determination of sampling and methods of analisys to be used is qualitative data.
Based on the research it can be concluded that first, application of Imposing Attorney
Mortgages (SKMHT) in murabahah financing guarantees for certain financial covenants in
the Bank Syariah Mandiri branch Muaro Bungo Jambi (case study finance contract with a
value of 10-50 million rupiahs) is not made in accordance with the Act No. 4 of 1996 on
Mortgage , also the regulation of the State Minister of Agrarian / Head of BPN RI No. 4 Year
1996 on determining the time limits of Imposing Attorney Mortgages (SKMHT) to Ensure
Repayment of certain loans.Second, the legal protection from the application of Imposing
Attorney Mortgages (SKMHT) that is not in accordance with the provisions only limited to
the general guarantee in accordance with Section 1131 and 1132 Book of the Law of Civil
Law. Third, Settings the completion of financing problems in Murabahah financing
agreement first done by deliberation to reach consensus or middle ground, where there are
several stages of deliberation. If a consensus cannot solve the problem it will be pursued
through legal recourse that is the courts.
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