NATING (GADAI) DALAM PERSPEKTIF EKONOMI LOKAL DAN ASPEK HUKUM ISLAM PADA MASYARAKAT TUGUMULYO KABUPATEN MUSI RAWAS
Daftar Isi:
- This article writing is focused on nating (pledge) habit of Tugumulyo community Musi Rawas Regency seen from the Local Economic Perspective and Islam Law Aspect, how the nating (pledge) practice is performed, weaknesses of nating (pledge) practice and the role of Notary in nating (pledge) practice. The type of this research was conducted using empiric research, with law, conceptual and sociological approach. The result and conclusion of this research obtained was that sande nating (pledge) practice without riba’ element indicated right and has not yet fulfill Islam religion shari’a which is loan with the purpose of helping each other and not as an investment means or seeking benefits from one of the parties, in the nating (pledge) practice itself has some weaknesses such as, one of the parties can deny the existance of a pledge agreement, the Agreement can be denied by one of the parties with an excuse that it never exists, Custom pledge does not grant the right to pledgee to perform execution after the term ended, and the last is the role of Notary highly needed especially by the community who has not know about the role of notary, the deed made by Notary, obligations and legal certainty to be obtained if the agreement was witnessed and made before the notary. Keywords: Nating (pledge); weaknesses of nating (pledge); the role of notary