MEKANISME DAN CARA PENYELESAIAN PEMBIAYAAN BERMASALAH

Authors

  • Fathurrahman Azhari FAKULTAS SYARIAH DAN EKONOMI ISLAM IAIN ANTASARI

DOI:

https://doi.org/10.18592/taradhi.v3i1.581

Abstract

Islamic Financial Units (IFU), both banks and non-banks, have main activities to col-
lect funds from people (clients) and then distribute them through financing, loan and services.
After the units as investors distribute the funds to business managers, there are two possibilities:
the business runs well because of good management or bad management leads to an unability on
the side of the managers to pay regular installments. In a situation when a dispute occurs between
parties involved in a financing contract, maybe in the case of non-performing loan due to bad
business management, or because one party does not fulfill the obligation, or some imperfections
in the financing contract lead to different ways of understanding it, the resolution mechanisms
are available in either court of law or outside it. This article discusses the legal bases for dispute
resolutions through both ways, which include some laws, the regulations of the Indonesian Cen-
tral Bank, an Islamic bank’s dispute resolution procedure, and the legal opinion of Sharia Na-
tional Council.

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Published

2012-08-03