Penyelesaian Kasus di Perbankan Syariah Apabila Nasabah Tidak Mampu Menyelesaikan Sesuai Perjanjian Akad dengan Sistem Murabahah (Studi pada Bank Aceh Syariah Medan)

Abstract

Murabaha is a buying and selling system in a situation where the buyer for one reason or another can not buy the goods directly from the seller so he needs an intermediary to be able to get the goods. In the process of murabaha, the Bank as an intermediary can raise the price of a few percent of its original price. The proposed issues include how to form the risk of agreement with murabahah system in the syariah banking system, how to manage the risks in murabahah financing that is financed by sharia banking and how to solve the case for the inability of the customer in completing the contract agreement with the murabaha system. This type of research uses normative juridical type. This type of normative juridical research is intended as a review in the conceptual level about the meaning and purpose of various national legal regulations related to the settlement of cases in sharia banking if the customer is unable to complete a contract agreement with the murabaha system. The result of the research and discussion explains the form of risk with the murabaha system in the syariah banking system in murabahah financing practices, among others are: financing risk includes: risk default risk, and risk risk, risk related to corporate financing, risk The law caused by the weakness of the juridical aspect, the risk of transaction in the form of non-binding Murabaha based on the order arises because the customer cancels the goods ordered. Risk management in murabahah financing that is financed by sharia banking is an effort to minimize the risks occurring, both in the pre-contract and post-contract stages. Risk management is performed by the management including pre-contract is done by complying with the Standard Operational Procedure set by internal bank, selecting the prospective customer, and analyzing the customer's condition and finance. The settlement of cases for the incompetence of customers in completing the contract agreement with the murabahah system is conducted by Bank Aceh Syariah Medan seeking information about the causes of congestion, giving billing letters, making a summons and direct visits to the place of customers.