NILAI KEADILAN DALAM PENENTUAN NISBAH BAGI HASIL AKAD MUDHARABAH (Studi Kasus Pada Putusan Pengadilan Tinggi Agama Yogyakarta No.63/Pdt.G/2011/PTA.Yk)

• Main Authors: , Retno Wulandari, , Yulkarnain Harahab, SH., M.Si.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2014
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/131131/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=71579
• Institution: Universitas Gadjah Mada

This research was intended to identify, first determination of return sharing ratio in mudharabah contract based on Decision of Higher Religious Court of Yogyakarta no. 63/pdt.G.2011/PTA.Yk from justice principle and second, to study justice principle in the decision that has accept plaintiff claim. The research used normative and empirical method. It was normative because data or material was obtained from library study that is secondary data. It was empirical because data was obtained from field research that is primary data throughinterview. The result indicated that, first, determination of return sharing in mudharabah contract that its case was decided by Higher Religious Court of Yogyakarta no. 63/pdt.G.2011/PTA.Yk has not met justice principle. Justice principle in return sharing system should include balance negotiation between mudharib and shabibul maal. Return sharing is determined in percentage according to agreement of parties, not by certain nominal and return ratio is not only for profit but also for loss. Second, decision of Higher Religious Court of Yogyakarta no. 63/pdt.G.2011/PTA.Yk has not fully applied justice principle, because for the payment of compensation Religious High Court decided that the amount of compensation is calculated the same as the major revenue sharing and the Defendant must pay in full for 6 (six) month term of the agreement, whereas the profit sharing ratio paid Defendant 4 (four) the first month, so that Defendants are only liable to pay the remainder of the profit sharing ratio and compensation 2 (two) months only