Research Article
Customer Protection in Mudharabah Musyarakah Contract Disputes in Default Cases in Religious Courts
@INPROCEEDINGS{10.4108/eai.25-5-2024.2349460, author={Shofa Fathiyah and Herman Bakir}, title={Customer Protection in Mudharabah Musyarakah Contract Disputes in Default Cases in Religious Courts}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2024}, month={8}, keywords={legal protection mudharabah musyarakah agreement costumer contract disputes}, doi={10.4108/eai.25-5-2024.2349460} }- Shofa Fathiyah
Herman Bakir
Year: 2024
Customer Protection in Mudharabah Musyarakah Contract Disputes in Default Cases in Religious Courts
ICLSSEE
EAI
DOI: 10.4108/eai.25-5-2024.2349460
Abstract
Dispute resolution in the context of musyarakah mudharabah contracts is an important thing in a Sharia economic system based on the values of justice, expediency, and legal certainty which aims to analyze the fatwa on musyarakah mudharabah contracts, Article 1 paragraph 1 articles 20 and 21 of Law Number 4 of 1996 and sharia auctions based on Minister of Finance Regulation Number 213/PMK.6/2020, will create sharia economic dispute resolution arrangements with protective value. The results of this research are that Sharia Financial Institutions must apply the principle of prudence by Law of the Republic of Indonesia Number 21 of 2008 concerning Sharia Banking article 2 and Mudharib has the right to obtain transparency in the adequacy of collateral, total debt, and compensation costs with the principle of transparency by Article 2 of the Power Guideline Monetary Administrations Number: 1/POJK.07/2013 concerning Purchaser Assurance in the Monetary Administrations Area in the Mudharabah Functional Principles Book and the OJK Musyarakah Functional Norms Book.