TINJAUAN PEMBERIAN KUASA UNTUK MENJUAL PADA PENGIKATAN JAMINAN PEMBIAYAAN MURABAHAH WARUNG MIKRO PT. BANK SYARIAH M KANTOR CABANG PEMBANTU KOTAGEDE

• Main Authors: , FATMA IRAWATI, , Taufiq El Rahman SH.MHum
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2013
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/120765/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=60803
• Institution: Universitas Gadjah Mada

This research aims to know the reason of warung mikro Bank Syariah M KCP Kotagede used authorization letter to sell than fiduciary guarantee and how legal aspect of using authorization letter to sell which is signed by the debitor at the same time with akad murabahah signed. This research used juridical-empirical legal research as law study with activities to collect primary data. Data were collected by field research associated with legal norms completed with literature study. The results showed: (1) The reason of warung mikro Bank Syariah M KCP Kotagede enacting authorization letter to sell is in order to compete in terms of chanelling micro financing with low cost and quick process. Authorization letter to sell is Bank internal policy that must be obeyed (2) Authorization letter to sell violate the rule of fiduciary guarantee, Bank Syariah M namely weak serves as concurrent creditors not a preferred lender (3) Authorization letter to sell was also not correct for legal arrangement as ruled by article 1320 KUHPerdata regarding subjective and objective condition resulting in cancellation or annulled by law .