TINJAUAN YURIDIS JAMINAN PERORANGAN (BORGTOCHT) DALAM PEMBERIAN PEMBIAYAAN DI PT BANK BNI SYARIAH BERDASARKAN UNDANG-UNDANG PERBANKAN SYARIAH
The aim of this thesis is to answer the problem concerning law position of individual surety (borgtocht) toward financing in PT BNI Syariah Bank, moreover about law position of PT. BNI Syariah Bank toward bankrupt insurer if the customer who receives guaranteed finance fails to fulfill the obligatio...
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| Format: | Thesis |
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[Yogyakarta] : Universitas Gadjah Mada
2011
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| Summary: | The aim of this thesis is to answer the problem concerning law position of
individual surety (borgtocht) toward financing in PT BNI Syariah Bank,
moreover about law position of PT. BNI Syariah Bank toward bankrupt insurer if
the customer who receives guaranteed finance fails to fulfill the obligation and the
last one is about the main surety form in offering the finance.
The research method applied in this thesis is analytical descriptive. It is a
normative law research and empirical research to complete the research result.
This research uses normative juridical approach supported by primary and
secondary data. The normative juridical approach meant the approach toward
problem through observing the progressed law regulation with purpose to
specifically describe, examine and analyze law regulation relating to Individual
Surety (borgtocht) in offering the finance in PT BNI Syariah Bank.
The research finding shows that Individual Surety (borgtocht) carried out
by PT BNI Syariah Bank is not contrary to Syariah principle and the rule on Act
No. 21 year 2008 concerning to Syariah Banking. Individual Surety (borgtocht)
itself in Syariah banking is more familiar with kafalah. The kafalah regulation
included in clause 19 letter i of Syariah Banking Acts. When insurer debtor in
case of Individual Surety (borgtocht) which carried out by PT BNI Syariah Bank
alleged bankrupt, therefore in this case the bank party is only as congruent
creditor. The main surety in Syariah banking is the aspect which directly relating
to finance. It explicitly involved in clause 23 verses 2 of Syariah Banking Acts. |
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