ANALISIS PERBANDINGAN PERJANJIAN KREDIT PADA BANK KONVENSIONAL DAN AKAD PEMBIAYAAN PADA BANK SYARIAH BERDASARKAN UNDANG-UNDANG NOMOR 21 TAHUN 2008

This study is about a comparison between credit agreement in a conventional bank and financing agreement (akad) in a syaria bank. The purpose of the study is to find out similarities and differences on ways both agreements are held, requirements for valid agreements, and termination of both agreemen...

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Bibliographic Details
Main Authors: , Taslim, , Prof. Dr. Abdul Ghofur Anshori, S.H., M.H.
Format: Thesis
Published: [Yogyakarta] : Universitas Gadjah Mada 2011
Subjects:
ETD
Description
Summary:This study is about a comparison between credit agreement in a conventional bank and financing agreement (akad) in a syaria bank. The purpose of the study is to find out similarities and differences on ways both agreements are held, requirements for valid agreements, and termination of both agreements. The study used a juridical normative method. Data were collected by using a literature study. A descriptive qualitative technique was used to describe and analyze the data collected in a systematic, factual, and accurate manner. Result of the study indicates that generally the credit agreement and financing agreement were similar in the ways both agreements are held, requirements for valid agreements, and termination of the agreements. Similarities between Civil Code (KUH Perdata) and Islamic Law were found on the requirements of skill (tamyiz), agreement statement (ijab and qabul), object s of agreement, clause of being legally permitted (not contradictory with sharia) . Meanwhile, differences found were that in Civil Code the being legally permitted refers to �not contradictory with the prevailing acts�, while in Islamic Law it refers to �not contradictory with sharia principles due to both worldly and hereafter consequencies�. Finally, simmilarity was also found in termination of the agreements between Civil Code and Islamic Law.