Akad Hibrid Dalam Surat Edaran Bank Indonesia Nomor 14/7/bpbs : Analisis Hukum Pada Produk Qardh Beragun Emas

Abstract

Implementation of the hybrid contract on qardh secured gold products consists of some contract, namely al-qardh, Rahn and Ijarah. This study focuses on the analysis of the hybrid contract on products qardh secured gold in Bank Indonesia Circular Letter No. 14/7 / BPbS. In this study the authors use research methods to examine normative juridical construction of the secured some financing agreement qardh gold. The results of the research, contract hybrids in product qardh secured gold to avoid the three problems, namely contract hybrids in buying, selling and borrowing, two sale and purchase agreement in the purchase contract, and two transactions in one transaction, for their firmness in the separation agreement between the contract tabarru 'with mu'āwadhah contract. Hybrids contracts in product qardh gold secured in accordance with the pillars and the terms of the contract, as well as the condition of legitimacy, namely the submission that does not cause any harm, gharar (vagueness), the terms imperfect, and usury