Analisis Perjanjian Kredit Syariah Dikaitkan Dengan Mekanisme Penyelesaian Sengketa di PNM Mekaar Syariah

Abstract

This study explains how dispute resolution in PNM Mekaar Syariah is based on the agreement. This study uses an empirical juridical legal research method with a descriptive analytical legal research type. Primary data is obtained directly from the source through interviews, observations, and unofficial reports which the author then processes. Then secondary data comes from books and laws, and regulations. An agreement is an agreement between two or more parties to do something. In Islamic Law, this agreement is called akad. There are many types of contracts in Islamic Law, such as Murabahah Contracts and Wakalah Contracts. This study discusses sharia credit agreements that use Akad Wakalah and Akad Murabahah which are then linked to the dispute resolution mechanism at PNM Mekaar Syariah. There is a combination of a wakalah contract and a murabaha contract which can reduce the meaning of the murabaha contract itself. However, inclusion of a wakalah contract in murabahah financing becomes valid if the authorization (wakalah) is made before murabahah financing occurs. The contents of the contract must include a dispute resolution mechanism, if a dispute occurs it must be resolved in accordance with the contents of the contract agreed upon by the parties to the contract. Deliberation is the first step in resolving disputes at PNM Mekaar Syariah, if the deliberation is not successful then it will be followed by making a lawsuit to the Religious Court. PNM Mekaar Syariah uses the Islamic legal system which makes its dispute resolution through the Religious Courts.