Perlindungan Hukum Bagi Nasabah dalam Akad Pembiayaan di Pegadaian Syariah

Abstract

Shari\u27a-based mortgage is one of non-bank monetary institutions that draws public attaention. According to the monetary authority report in 2010-2014, there was increasing asset of shari\u27a mortgage. In 2014, the total asset of this mortgage reached IdR 3.304.260.000 or USd 3 million. However, two critics emerge. First, the procedure or operation of the mortgage has been said to be very similar to those of conventional mortgage. Another critic is concerned with the lack of legal protection of customer. This normative legal study seeks to examine the application of shari\u27a principle and legal protection for customer from the perspective of statutes and Islamic law. This study shows that the operation of shari\u27a mortgage in Indonesia compliesshari\u27a principles and the customer protection according to Law of Customer Protection No. 8/1999 and Law of Monetary Authority No. 1/POJK.07/2013. The relevant principle of shari\u27a law regarding customer protection is called Himaya al-Mustahli