Execution of Guarantee Confiscation by Islamic Financial Institutions without Litigation Process: A Case Study in Magelang

This study attempts to analyze the execution of guarantee confiscation of objects carried out by the Islamic Financial Institutions (LKS) in Magelang. This study uses a statutory approach (statue approach) which is descriptive qualitative by collecting data using the depth interview method. The resu...

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Main Author: Miswanto, Agus
Format: UMS Journal (OJS)
Language:eng
Published: Universitas Muhammadiyah Surakarta 2021
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Online Access:https://journals.ums.ac.id/index.php/laj/article/view/12651
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author Miswanto, Agus
author_facet Miswanto, Agus
author_sort Miswanto, Agus
collection OJS
description This study attempts to analyze the execution of guarantee confiscation of objects carried out by the Islamic Financial Institutions (LKS) in Magelang. This study uses a statutory approach (statue approach) which is descriptive qualitative by collecting data using the depth interview method. The results of this study indicate that the Islamic Financial Institutions in Magelang in the process of executing collateral do not use litigation, but non-litigation processes. Non-litigation processes used by Islamic Financial Institutions in Magelang is negotiation (consensus) amicably to execute the guarantee. The main reasons for using non-litigation processes, because it is cheap, simple, does not take time, and is friendly. From the findings of this study, the principle of kinship in negotition is still very important and useful for alternative dispute resolution (ADS)
format UMS Journal (OJS)
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institution Universitas Muhammadiyah Surakarta
language eng
publishDate 2021
publisher Universitas Muhammadiyah Surakarta
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spelling oai:ojs2.journals.ums.ac.id:article-12651 Execution of Guarantee Confiscation by Islamic Financial Institutions without Litigation Process: A Case Study in Magelang Miswanto, Agus Hukum Islam, Hukum Perdata non litigation, mortgage, Fiduciary, LKS, Execution This study attempts to analyze the execution of guarantee confiscation of objects carried out by the Islamic Financial Institutions (LKS) in Magelang. This study uses a statutory approach (statue approach) which is descriptive qualitative by collecting data using the depth interview method. The results of this study indicate that the Islamic Financial Institutions in Magelang in the process of executing collateral do not use litigation, but non-litigation processes. Non-litigation processes used by Islamic Financial Institutions in Magelang is negotiation (consensus) amicably to execute the guarantee. The main reasons for using non-litigation processes, because it is cheap, simple, does not take time, and is friendly. From the findings of this study, the principle of kinship in negotition is still very important and useful for alternative dispute resolution (ADS) Universitas Muhammadiyah Surakarta 2021-05-25 info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion application/pdf https://journals.ums.ac.id/index.php/laj/article/view/12651 10.23917/laj.v6i1.12651 Law and Justice; Vol 6, No 1 (2021); 19-33 2549-8282 10.23917/laj.v6i1 eng https://journals.ums.ac.id/index.php/laj/article/view/12651/6609 https://journals.ums.ac.id/index.php/laj/article/downloadSuppFile/12651/2403 Copyright (c) 2021 Law and Justice https://creativecommons.org/licenses/by/4.0
spellingShingle Hukum Islam, Hukum Perdata
non litigation, mortgage, Fiduciary, LKS, Execution
Miswanto, Agus
Execution of Guarantee Confiscation by Islamic Financial Institutions without Litigation Process: A Case Study in Magelang
title Execution of Guarantee Confiscation by Islamic Financial Institutions without Litigation Process: A Case Study in Magelang
title_full Execution of Guarantee Confiscation by Islamic Financial Institutions without Litigation Process: A Case Study in Magelang
title_fullStr Execution of Guarantee Confiscation by Islamic Financial Institutions without Litigation Process: A Case Study in Magelang
title_full_unstemmed Execution of Guarantee Confiscation by Islamic Financial Institutions without Litigation Process: A Case Study in Magelang
title_short Execution of Guarantee Confiscation by Islamic Financial Institutions without Litigation Process: A Case Study in Magelang
title_sort execution of guarantee confiscation by islamic financial institutions without litigation process a case study in magelang
topic Hukum Islam, Hukum Perdata
non litigation, mortgage, Fiduciary, LKS, Execution
topic_facet Hukum Islam, Hukum Perdata
non litigation, mortgage, Fiduciary, LKS, Execution
url https://journals.ums.ac.id/index.php/laj/article/view/12651
work_keys_str_mv AT miswantoagus executionofguaranteeconfiscationbyislamicfinancialinstitutionswithoutlitigationprocessacasestudyinmagelang