PEMBATALAN SEPIHAK PADA PERJANJIAN SEWA BELI DALAM TINJAUAN HUKUM KONTRAK DAN HUKUM PERIKATAN ISLAM

NURKHOLIS, NURKHOLIS (2008) PEMBATALAN SEPIHAK PADA PERJANJIAN SEWA BELI DALAM TINJAUAN HUKUM KONTRAK DAN HUKUM PERIKATAN ISLAM. Other thesis, University of Muhammadiyah Malang.

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Abstract

This scrips research be meaned to more understand about agreement of hire purchase concept be arranged in Civil Code and Decision Minister of Trade and Cooperation Number: 34/KP/II/80 about permission activity effort hire purchase, trade with credit and hire. Generally, that agreement of hire purchase is innomination agreement not be arranged specially in book three civil code. Because that, law contract which conduct agreement follow regulation that conduct to trade agreement or hire agreement. In practice, society usually every time to do transaction with concept of buy and sell agreement by credit, but that conduct really hire purchase agreement. With this agreement of hire purchase, were concept be shaped before finishing last payment position of the costumer be considered as hire, whatever if hire is unable to close the credit, and so down payment with instalment which be payed be considered as hire and payment be end because costumer used goods things. In other perspective, this research also be arranged to undertand legality of hire purchase be observated Islamic contract law. In classic literature concept of hire purchase unkown. But, in its development in Islamic contract law be recognized hire agreement that finish with movement property (ijarah al muntahiyah bittamlik) whatever be regulated Decree of Indonesia Republic Number 10/1998 About Banking, Instruction of National Syariah Council Number: 27/DSN-MUI/III/2002 about al-Ijarah al-Muntahiyah Bi al-Tamlik, and Regulation of Money Market Supervisor Committee Chairman and Monetary Institution Number: Per-04/BL/2007 About Contracts Be Used in Financing Activity Base Syariah Principle. From the problem above, in this research writer formulation questions in to (1). How is the hire purchase concept be obervated by contract law and Islamic contract law, (2). How is consequence of individual cancellation agreement of hire purchase be obervated by contract law and Islamic contract law. While the purpose that desire to achieve from writing this research to know how is the hire purchase concept be obervated by contract law and Islamic contract law, and to know how is consequence of individual cancellation agreement of hire purchase be obervated by contract law and Islamic contract law. In writing this scrips, writer use research kind of normative law or library research, that is law research which be done with explore books or secondary data. In research of normative law or library in this research arrest research toward law principles and law comparation. While data analysis be used by writer in content analysis in order to analyse content of literatures which related which study theme penetrate. Furthermore result of analysis mentioned will be compared among one data with other with comparative analysis From result this scrips can be kown that althought agreement of hire purchase be known three theory, threre are accumulation theory, absorption theory, sui generic theory that each can be used for establish which the contract that conduct, but of the three theory mentioned not able to answer certainty, which conduct hire contract, trade, or both of them with purpose materialized certainty and justice. While in perspective of Islamic contract law, hire purchase is one kinds of contract that be forbided because contain two contract in one that are trade contract and hire contract. So, with two contract in one transaction influence to occur uncertainty about which the contract must be used (conduct). In the last pages of this research, there are some suggestion can to become opinions for researchers, practicioners, academics, society of banking, entrepreneurs or the public to don’t carry out transaction with use hire purchase. Writer offer the best solution in the transaction that suitable syariah, that is for transactions trade by credit can to use murabahah principle, while for hire that finish with movement property can to use ijarah al muntahiyah bittamlik

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Twinning Program
Depositing User: Anggit Aldila
Date Deposited: 22 May 2012 03:28
Last Modified: 22 May 2012 03:28
URI: http://eprints.umm.ac.id/id/eprint/5678

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