THE CONSTRUCTION OF THE RAHN SYARIAH LAW IN THE LEGAL SYSTEM OF WARRANTIES OF INDONESIA

. Suryati

Abstract


Pand Accordingthe Civil Code is developedintoa Syariah Pand (Rahn)based onthe National Syariah Fatwa MUI Number: 25 / DSN-MUI / III / 2002 about Rahn, that is loan by using goods as guarantee in the form of Rahn is allowed. That is the form of submission the property of borrower as guarantee of loan that their received.The research purposes are to know more about the legal construction of Rahn in Indonesian Law System. To achieve that purpose, Juridical normative is used in this research, while the specification of the research is the application of law. The data obtained will be analyzed by using qualitative. Based on the finding and discussion it can be concluded that: the Construction law of Rahn is similar to Pand Law accordingtoCivilCode.Itwasasanaccessoir agreementontheprincipal agreement that commonly know borrowing agreements, or lending agreement. The object ofthat agreement such as moving object and the object shoud be removed from the debtor's authority, it also given right to the creditor to take early repayment on the object execution result with Specifically attached. As known that Rahn as variant of the Pand in Civil Code so that it can be implemented in overall Pand by analogy.

Keywords: Law Construction, Rahn, Indonesian Law

 

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