Overcoming Of Non-Performing Financing As Causes Debtor Default (Case Study At Pt. Brisyariah Magelang Branch Office)

Abstract

Islamic Banks in general applied murabaha contract in that’s products with the aim forcostumers to giving a short term in buying goods, though the costumers doing transaction buya goods without having a capital. Islamic banks doing business activity for disbursing the fundswill be faced with a financing risk. If the Islamic bank confronted with financing risk causes ofnon-performing financing by internal factors and external factors. This study is to analyze themechanisms applied by PT. BRISyariah Magelang Branch Office in overcoming of non-performingfinancings caused by debtors’ default (Wanprestasi) were reviewed with Islamic law.The debtor defaults (Wanprestasi) in Murabaha financing activities caused by several factorssuch as customer revenue decreased because of competition of business, customers who hamperedrevenue for government projects that make the land less than adequate job or customer fooled byhis business associates. The efforts from PT.BRISyariah Magelang Branch Office in overcomingof non-performing financings by approach to customers to inquire issues become an obstaclein payments financing. However, if the customer does not provide measures of achievement itsobligations in paying the installments financing, then the party of PT.BRISyariah MagelangBranch Office will consider measures to overcome by giving the form of convenience to meet itsobligations in installments, like giving full rights to customers in the sale of collateral voluntaryor give full rights to customers in recourse to the closest relatives of the customer to meet its obligations in installments, Kinship system becomes the main thing in treatment is applied to thePT.BRISyariah Magelang Branch Office. These efforts of non-performing financing causes bydebtor defaults on PT.BRISyariah Magelang Branch Office when viewed with the laws of Islamand DSN-MUI has appropriate provision although not impose sanctions on defaulting customers. DSN-MUI fatwa in accordance with the problematic financing handling PT.BRISyariahMagelang Branch Office is DSN 48 / DSN-MUI / II / 2005 on reschedule murabaha and fatwa47 DSN / DSN-MUI / II / 2005 about overcoming of non-performing financing.