IMPLEMENTASI FATWA DSN MUI NO: 04/DSN-MUI/IV/2000 TENTANG MURABAHAH PADA PEMBIAYAAN KONSUMTIF (STUDI KASUS BNI SYARIAH CABANG BOGOR)

Abstract

This research is a field research. The purpose of this study is to investigate the concept of murabaha according to DSN MUI fatwa No: 04 / DSN-MUI / IV / 2000, and to know the implementation DSN MUI fatwa on murabaha on consumptive finance products in BNI Syariah. From the results of this research noted that the implementation of the agreement on the financing murabaha Oto BNI Syariah iB Hasabah Bogor, not fully in accordance with the rules specified in the DSN MUI fatwa Fatwa No: 04 / DSN-MUI / IV / 2000 About Murabaha. There are three points that have not been corresponding provisions fatwa implementation in BNI Syariah Bogor, among which, the first fatwa stating that the bank must submit all matters relating to the purchase, but in practice the purchase of goods is not a bank but the client in a way represents the bank. And this makes the customer that tells all matters relating to the purchase, both in the implementation of the bank's financing represents to customers to buy goods after the goods of third parties (suppliers), Murabaha sale and purchase must be made after the goods are indeed belong to the bank. In accordance with the provisions of DSN fatwa No.04 / DSN-MUI / IV / 2000, which states that if banks want to delegate to customers to buy goods from a third party, murabaha sale and purchase contract must be made after the goods are, in principle, belong to the bank. The reason for the Bank BNI Syariah customers choose to represent the purchase of goods is that the customers are more satisfied and confident on the customer's own choice. And third, when customer is deliberately delaying the payment of the issue submitted to the court after musywarah course. But this is contrary to the provisions fatwa stating that if customers delaying payment intentionally, or if one party does not fulfill its obligations, the settlement is done through the National Sharia Arbitration Board after no agreement was reached by mushawara.