PENYELESAIAN PEMBIAYAAN BERMASALAH PADA AKAD MURABAHAH YANG DIBEBANI HAK TANGGUNGAN (STUDI KASUS Bank Pembiayaan Rakyat Syariah Mitra Harmoni Malang)

Sharia Economic Bank (BPRS) is a financial institution whose main business is providing financing services following the principles of Islamic law and does not provide services in payment traffic. The scheme often used in distributing financing by BPRS uses the principle of buying and selling (murabahah). The distribution of financing carried out by BPRS sometimes does not work as it should, such as debtors who default and cause financing problems. This research aims to determine the implementation of financing in murabahah contracts with mortgage rights and the resolution of problematic financing in murabahah contracts burdened with mortgage rights at BPRS Mitra Harmoni Malang. The research method used is empirical. The results of this research are that the resolution of problematic financing for murabahah contracts at BPRS Mitra Harmoni Malang was carried out using litigation and non-litigation routes. Non-litigation settlement is carried out with assistance, sending letters of warning and restructuring. Meanwhile, the litigation route is carried out with a lawsuit in court, followed by confiscation of execution, and ending with an execution auction. This research concludes that the resolution of problematic financing is uncertain until the auction process, sometimes with just a letter of warning the debtor can immediately pay his obligations. This research suggests that in the future BPRS needs to be more careful and careful in analyzing the financing that will be distributed and debtors are expected to be responsible for carrying out their obligations in financing.