ABSTRACT (thesis magister hukum bisnis)

(untuk jasa penulisan abstract thesis in english, sms : 0818790338)
Banking which based on economic democracy, along with its primary function as the collector and the distributor for the society fund has a strategic role to support the implementation of national development in order to enhance the national development equality. One of the actions taken by the government in its efforts to achieve prosperity for the whole society is to enact the Law No.7 of 1992 on banking As Amended by Act No. 10 of 1998 (further referred as the Banking Act). Banking Act does not regulate the specifications of Syariah Banking, it is behind the govenment action to enact the Law Number 21 Year 2008 about Syariah Banking. The high price of the lands, building materials and home, causing a decline in purchasing power to buy the houses in cash. This encourages most people bought houses with the financing process through the housing loan (mortgage). Cooperation agreement between the Syariah Bank with the developer to provide housing for clients is held because the developer does not have the capability to afford the houses ready for habitation (ready stock), while enthusiasts for the houses built by the developer is very large, thus the purchase of the house finally done by the ordering system (indent). Based on the background of the foregoing, the author interested in writing a thesis entitled,”Cooperation Agreement between the Syariah Bank and the developer in Financing the Housing Ownership”.
The issues raised by the authors in this study is how the result of the cooperation agreement between the developer and the Syariah bank in financing house ownership for the benefit of the customers when the developer does not fulfill the responsibility towards the rights of the customers and how the implementation of the buy-back agreement if it is associated with the Syariah principles.
The research was conducted in a descriptive analytical, in example give the idea as carefully as possible about the facts which exist, either in the form of secondary data such as primary legal materials, the Book of Civil law, Banking Law, and Law Number 21 Year 2008 about Syariah banking, Supreme Court Regulation No.2 of 2008 on Economic Syariah Law Compilation, Fatwa DSN-MUI related to the banking law, the secondary data and materials in the form of expert opinions, research results, the work of the law and legal materials in the form of the data obtained tertiary from magazines and internet-related research.
The study is expected to give a clear and comprehensive overview on matters relating to the cooperation agreement between the developer and the Syariah bank in financing the house ownership.
Based on the research, it can be concluded that the developer in this case does not fulfill its responsibility to the customers of Syariah banks by default. Actions undertaken by the developer defaults resulting in losses on the customer, such as the customer does not get his rights under the agreement and the customer is categorized in the collectibility of 5 (bad debts). Cooperation agreement between the Syariah bank with a developer to conclude the buy-back clause in article 7 paragraph (3). Buy-back clause setting is implicitly provided in article 29 paragraph (3) of the Banking law. Law banking and Syariah Banking Act and other legislation in the field of Syariah banking does not specifically cover the buyback agreement.