Pelaksanaan perdamaiaan sengketa eksekusi hak tanggungan sebagai agunan pada pembiayaan murabahah antara nasabah dengan Bank Syariah Mandiri KCP Setiabudi Bandung di Pengadilan Agama Kota Bandung

Herawan, Sahda Putri Laksmi (2018) Pelaksanaan perdamaiaan sengketa eksekusi hak tanggungan sebagai agunan pada pembiayaan murabahah antara nasabah dengan Bank Syariah Mandiri KCP Setiabudi Bandung di Pengadilan Agama Kota Bandung. Diploma thesis, UIN Sunan Gunung Djati Bandung.

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Abstract

Peace is an agreement with which both parties by surrendering, promising, or holding an item, ending a case that is dependent or preventing a case from arising. In the case of Bank Mandiri Syariah's Murabaha Financing, the Sub-Branch Office of Setiabudhi Bandung executes collateral because the customer is injured in a pledge,but in the execution process the customer made a lawsuit to the Bandung Religious Court because they felt that they were not in accordance with the rules because the auction was unilateral and had not yet matured. The purpose of this study was to determine the implementation and views of Sharia Economic Law on the implementation of peace in the dispute over the execution of mortgages between Bank Mandiri Syariah Sub-Branch Office of Setiabudhi Bandung and customers in the Bandung Religious Court. This research departs from the framework that Islamic economic disputes can end peacefully through the Religious Courts as an alternative solution to sharia economic / business disputes through the settlement of peace mediation. The method used in this study is a case study research method. With primary data sources taken from the location of the study, namely in the Bandung City Religious Court, Bank Mandiri Syariah Setiabudhi Bandung Sub-Branch Office, customers, Session News and peace deeds. While secondary data sources are sources of data taken from books and other sources related to this research. Data collection techniques used are observation, in-depth interviews, documentation studies and library studies that have to do with the problems studied, then the data is analyzed with a qualitative approach. The results of this study indicate that in the implementation of sharia economic disputes in the Bandung City Religious Court in the Mediation Procedure in the Court the Judges reconciled the Complaints and Defendants but were unsuccessful in the mediation process. During the trial, the parties confirmed that the case was stopped because they had made peace outside the trial which was assisted by the mediator by showing the peace deed and the case was considered peacefully completed. between Bank Mandiri Syariah The Setiabudhi Bandung Sub-branch Office in the Bandung City Religious Court is lawful.

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