TANGGUNG JAWAB BANK SYARI’AH DALAM PEMBIAYAAN MUSYARAKAH PASCA MENINGGALNYA NASABAH SEBELUM BERAKHIRNYA MASA PERJANJIAN (Studi Putusan Nomor 967/Pdt.G/2012/PA.Mdn)

Abstract

Many mu'amalah problems involve community members in daily life. Of the many transactions or contracts that exist, including the Al-Musyarakah contract. Islamic banking related to the debt management of the customer after the death of the customer can be seen in the problem submitted by the plaintiff (biological mother) to the Medan Religious Court in case judgment number 967 / Pdt.G / 2012 / PA.Mdn. the plaintiff in this case is the heir (biological mother), and filed a lawsuit related to the Musyarakah agreement made by his late son and PT. Bank of North Sumatra Syariah and PT. Insurance Bangun Askrida Syariah. The clause between the Musyarakah financing agreement between the Customer (the late) and defendants I and II are stated from the income, the profits of the business will later be shared between the two parties based on the principle of profit sharing, so that according to the heirs of the heirs (Alm.Nasabah) does not bear the full burden of financing. in fact, after his death (Alm.Nasabah), defendants I and II ignored the propriety that caused the debt burden for the plaintiffs and took part in defendants I, II, III from the payment burden of the Musyarakah financing debt, and then successively sent a warning letter of arrears in installment payments. principal and revenue sharing financing Musyarakah.
This research is descriptive and uses a normative juridical approach. data obtained through library research.
Based on the results of research number 967 / Pdt.G / 2012 / PA.Mdn at the Medan Religious Court, the responsibility between the customers of the Sidempuan branch of the Sumut Syariah Bank should be borne by the banking, because in Sharia banking general regulations, every customer who dies in the time before and the agreement period has not yet ended then the Musyarakah financing is broken and there is no related to the heirs. the policy was not issued due to the negligence of the bank itself. where, there is already a Musharaka financing administration carried out by the customer. the existence of legal protection for Islamic banks is very necessary if there is a delay in payment or financing problems. regarding the risk of the death of the customer, in the relevant laws and regulations in Indonesia concerning musyarakah financing, there is no definite law regarding the legal consequences for the musyarakah contract when the customer dies.
The conclusion in this study, the case is purely the negligence of the bank that does not issue an insurance policy which is one of the important requirements for the occurrence of musharaka contract between the bank and the customer. The researcher suggests that Islamic banks should always apply the principle of prudence and not necessarily disburse any funding before all requirements are met, so that it does not cause problems in the future.