ANALISIS YURIDIS PEMBERIAN FASILITAS PEMBIAYAAN OLEH BANK SYARIAH TERHADAP YAYASAN
| Main Authors: | , AGUS RIYANTO, , Yulkarnain Harahab, SH., M.Si |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2014
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/128669/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=69033 |
Daftar Isi:
- There are some aims of this study. The first aim is determining the type of financing agreement which can be used in the provision of Islamic Bank financing facilities to the Foundation. The second aim is determining the legal position and responsibilities Foundation�s Founder and organs in terms of obtaining financing facility from Islamic Banks. This research is a normative juridical that focus on the legal norms in force which are both contained in the legislation and literature . The method of data analysis was applied by using the model or method qualitative text analysis of the legislation and expert opinions relating to the provision of financing by Islamic Banking facilities to the Foundation. The results showed that, first, it is possible of Islamic Banks provide financing facility to a foundation with the restriction that a given type of financing does not use the instruments of cooperation agreement (syirkah) among others mudharabah and musyarakah. Second, as a legal entity, the Foundation has standing as an independent legal subject. Foundation�s founder or organ is aparted altogether from liability arising in respect Foundation obtain financing from Islamic Banks and to them not to be held responsibility to the Foundation are considered detrimental to third parties or unlawful. Board or supervisors will be responsible to personal property when they do that deviations, do outside authority or misuse of authority as set forth above in the law, the article of association and bylaws of the Foundation.