THE REVIEW OF ISLAMIC LEGAL CONCEPT IN ISLAMIC LAW TOWARDS ACTION OF OBJECT DISPOSAL OF STATE FIDUSIA GUARANTEE
Aninda Adistyana Dewi
Postgraduate Airlangga University
Abstract
An abstract is a brief summary of a research thesis determine the legal consequences that occur from the act of seizure by the State of the object of fiduciary guarantee in terms of the according concept of Rahn in Islamic law and review of Law Number 42 year 1999 about Fidusia-s result. The following types of research are normative juridical sources from primary legal material in the form of regulations that discuss the theory of rahn concepts and secondary legal material in the form of books relating to the discussion with the conceptual approach and the statue approach. Data were analyzed qualitatively logically and systematically descriptive. The results of the analysis resulting from primary and secondary legal sources explain that there are cases of seizure of objects of fiduciary collateral by the State that occur due to criminal acts committed by the debtor making the legal status of the fiduciary guarantee erased or destroyed, but not removing the principal agreement and insurance claims. Murtahin has the right to demand rahin to continue to carry out its obligations, namely to pay off its debts by making efforts to reschedule the receivables with a mutually agreed time period. The legal effort that can be taken by both parties is that it can use the non-litigation efforts by deliberation and if no agreement is reached then the settlement can be through the Religious Courts.
Keywords: Deprivation; Rahn; Fiduciary guarantee.
Topic: Law, Police and Forensic