Pelaksanaan kontrak pembiayaan pembangunan properti di CV Yukas Family kepada konsumen dalam perspektif Hukum Ekonomi Syariah

Suwardi, Syukron (2026) Pelaksanaan kontrak pembiayaan pembangunan properti di CV Yukas Family kepada konsumen dalam perspektif Hukum Ekonomi Syariah. Masters thesis, UIN Sunan Gunung Djati Bandung.

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Abstract

This research is motivated by the phenomenon of property development financing carried out directly by non-banking construction service companies to consumers, as practiced by CV Yukas Family in Sukabumi Regency. This financing model uses a gradual payment scheme based on the progress of the work outlined in the Work Agreement Letter (SPK), but it has not been accompanied by explicit affirmation of the identity of the contract, and it has been found that there is an inconsistency in the penalty clause for late payment between contract documents where only some SPKs contain a daily percentage based fine clause that has the potential to contain elements of riba nasi'ah. This condition raises the issue of legal certainty, fairness of risk distribution, and its conformity with the principles of Sharia Economic Law (HES). This study aims to: (1) describe and analyze the implementation of property development financing contracts between CV Yukas Family and consumers; (2) analyze the level of alignment of the implementation of the contract with the principles of Sharia Economic Law; and (3) formulate a review of Sharia Economic Law on the implementation of property development financing contracts at CV Yukas Family to consumers. This study uses an empirical juridical approach with a descriptive-analytical method, through legislative, conceptual, case, and fiqh muamalah approaches. Primary data was obtained from five documents of CV Yukas Family's Employment Agreement (SPK) with five different consumers, as well as in-depth interviews with the company's Director and the five consumers. The data was analyzed qualitatively through data reduction, data presentation, and conclusion drawn, with the normative parameters of the Compilation of Sharia Economic Law (KHES) and the Fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). The results of the study show that the implementation of the CV Yukas Family contract is substantively close to the characteristics of the istishna' contract, because the company provides both materials and labor according to consumer orders, with payment schemes that vary from one consumer to another. The level of alignment with the HES principle is partial: the object of work, price, and dispute resolution mechanism in general have been aligned, but it was found that there was a disalignment in the aspect of affirming the identity of the contract as well as the inconsistency of the sanction clause where only one of the five SPKs analyzed contained a clause for late payment based on a daily percentage that is contrary to the DSN-MUI Fatwa Number 17/DSN-MUI/IX/2000, while the other four SPKs do not contain financial sanctions clauses at all. The Sharia Economic Law Review recommends the explicit affirmation of the identity of the istishna' contract, the replacement of the fine clause with the ta'zir and ta'widh mechanism in accordance with the fatwa, the addition of the khiyar 'aib clause for consumer protection, the details of payment milestones, and the affirmation of a sharia-based dispute resolution forum. This study concludes that the main problem does not lie in the intention of business actors, but in the absence of consistent standardization of contract clauses and in accordance with the principles of Sharia Economic Law.

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