ALASAN-ALASAN HUKUM DALAM AKTA PERJANJIAN PEMBIAYAAN MUDHARABAH DENGAN PENGIKATAN JAMINAN SECARA CESSIE

Widodo, Ernu (2006) ALASAN-ALASAN HUKUM DALAM AKTA PERJANJIAN PEMBIAYAAN MUDHARABAH DENGAN PENGIKATAN JAMINAN SECARA CESSIE. ALASAN-ALASAN HUKUM DALAM AKTA PERJANJIAN PEMBIAYAAN MUDHARABAH DENGAN PENGIKATAN JAMINAN SECARA CESSIE, 3 (1). pp. 19-41. ISSN 1829-6882

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Abstract

Financing product by profit sharing is newly after six years founding the Bank for the legal cause of absence mindset formed that can understand financing construction by profit sharing. Financing by profit sharing has important meaning to drive real economic activity, so that stakebolders try to implement financing economic activity in community. A study of this problem involves; legal cause (rechtsground) contained in financing transaction of Al-Mudharabah by security agreement in cessie. Result and discussion of the research suggest that legal cause of Al-Mudharabah financing agreement are in accordance with law fact and it is not true for security agreement resulted from voidable agreement. The agreement obedience is for financing by profit sharing conception and theory and regulation for Indonesian Bank REgulation of No. 7/46/PBI/2005. Conduction and suggestion show that de jure in legal cause for both parties to conduct financing and security agreement adhesion contract is based on balancing principle. Regulation of mudharabah financing with security agreement is obviously based on assessor principle, so that it can strengthen configuration of both agreements Keywords : legal cause, Mudharabah Financing, Security Agreement

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