Implementation of Liability Rights Execution at Bank Bri Syari'ah Mataram Branch

Abstract

This study aims to analyze and explain the regulatory mechanism and execution of mortgage rights at the Mataram Branch of the BRI Syari'ah Bank and the competence of the West Lombok Giri Menang Religious Court regarding the settlement of mortgage execution disputes at the Mataram Branch of BRI Syari'ah Bank. This research method is a normative-empirical legal research with a statutory approach, a conceptual approach and a sociological approach. From the research results obtained the first results, namely the arrangement and execution of mortgage rights at the Bank BRI Syari'ah Mataram Branch based on Article 6 Jo. Article 20 of Law Number 4 of 1996 concerning Mortgage Rights by using the Parate Executie. The Execution Parate in Law Number 4 of 1996 concerning Mortgage Rights is aimed at providing convenience to the Bank BRI Syari'ah Mataram Branch as the Creditor in executing the object of the mortgage in order to get full repayment of the debt if the debtor is in default. Second, the competence of the West Lombok Giri Menang Religious Court in terms of resolving mortgage execution disputes at the Mataram Branch of the BRI Syari'ah Bank has become the absolute competence (authority) of the Giri Menang Religious Court as regulated in Law Number 3 of 2006 concerning Amendments to the Law. -Law Number 7 of 1989 concerning Religious Courts and Article 55 of Law Number 21 of 2008 concerning Syari'ah Banking, as long as this is contained in the contract and the settlement mechanism applies the principles of shari'ah.

Keywords: execution, mortgage, Bank BRI Syariah Mataram Branch.

DOI: 10.7176/JLPG/107-04

Publication date:March 31^st 2021