Penyelesaian Wanprestasi Dalam Kredit Kepemilikan Rumah (KPR) Dengan Akad Murābaḥah Studi Kasus Di Bank Tabungan Negara Syariah Surabaya

Abstract

Islamic financing products have grown rapidly in the banking and finance industries of this era. This situation can be seen through the addition of Islamic banking assets several years, in addition to the inclusion of more institutions that offer products in Islam. According to Ibn al-Ḥumām, Murābaḥah is a contract of delivery of goods of sale and purchase owned by a person based on the price of basic origin and increase profits and declared to the buyer. This study aims to find out the application of home ownership financing with akad Murābaḥah Bank Tabungan Negara Syariah Branch Surabaya and to know how to settle Wanprestasi in financing home ownership has been in accordance with Sharia or not. This research is field research with qualitative descriptive approach and observation, interview and documentation method in collecting data. The author concludes that in the handling of customers Wanprestasi financing home ownership that still have good intentions, the Bank Tabungan Negara Syariah provides a policy with rescheduling that is changing the terms of financing which only concerns the payment schedule and duration and impose a burden of 1.5% of the remaining arrears. However, for customers who do not have Wanprestasi i'tikad well then the bank provides a decisive action by clearing the house as a guarantee in the contract. The implementation of the settlement of Wanprestasi in the State Savings Bank Syariah Branch Surabaya has applied in accordance with the guidelines contained in the Fatwa Dewan Syariah Nasional No.48 / DSN-MUI / II / 2005.