Proceedings of the 7th International Colloquium on Interdisciplinary Islamic Studies (ICIIS) in conjunction with the 6th Annual Postgraduate Conference on Muslim Society (APCoMS), ICIIS and APCoMS 2024, 17–18 June 2024, Banjarmasin, Indonesia

Research Article

The Role of PPAT Officials in Home Ownership Financing at Sharia Banks Seen from the Maslahah Approach

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  • @INPROCEEDINGS{10.4108/eai.17-6-2024.2349112,
        author={Yudha  Alfiani},
        title={The Role of PPAT Officials in Home Ownership Financing at Sharia Banks Seen from the Maslahah Approach},
        proceedings={Proceedings of the 7th International Colloquium on Interdisciplinary Islamic Studies (ICIIS) in conjunction with the 6th Annual Postgraduate Conference on Muslim Society (APCoMS), ICIIS and APCoMS 2024, 17--18 June 2024, Banjarmasin, Indonesia},
        publisher={EAI},
        proceedings_a={ICIIS AND APCOMS},
        year={2024},
        month={7},
        keywords={maslahah ppat sale and purchase deed home financing sharia bank},
        doi={10.4108/eai.17-6-2024.2349112}
    }
    
  • Yudha Alfiani
    Year: 2024
    The Role of PPAT Officials in Home Ownership Financing at Sharia Banks Seen from the Maslahah Approach
    ICIIS AND APCOMS
    EAI
    DOI: 10.4108/eai.17-6-2024.2349112
Yudha Alfiani1,*
  • 1: Antasari State Islamic University Banjarmasin, Indonesia
*Contact email: not.yudhaa@gmail.com

Abstract

The role of PPAT in Sharia banking activities through murabahah contracts is significant, as the sale and purchase deed serves as strong evidence. This research aims to examine the position and role of the Sale and Purchase Deed made by PPAT in financing home ownership at Sharia Banks, with consideration of maslahah. This study employs a juridical-empirical method supported by sale and purchase deed documents. The article's findings suggest that Islamic law requires maslahah criteria in all economic activities, which demand that banks and customers provide benefits. However, third-party banks often lack understanding of the importance of sale and purchase deeds made by PPAT. As a result, these deeds do not provide legal certainty, are not legally protected, contain elements of fraud, and cannot be officially registered. This study concludes that the Deed of Sale and Purchase made by PPAT is crucial in Sharia Banks. It serves as authentic evidence of the transfer of rights due to sale and purchase and is the basis for registering the transfer of rights (change of name) on Land Rights Certificates in the Regency/City Land Office. The Sale and Purchase Deed provides legal certainty regarding the customer's ownership of the purchased house.