ANALISIS TERHADAP PELAKSANAAN AQAD PEMBIAYAAN DENGAN PRINSIP MUDHARABAH PADA BANK SYARIAH DALAM KAJIAN UU NO. 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH

The Mudharabah Financing Agreement is based on trust, with another understanding that the investor will hand over the funds to the fund manager party after the investor is sure that the borrower of the capital both skillfully and morally is trustworthy to manage the capital provided with his expertise and will not manipulate the capital. However, it does not mean that in the implementation of the mudharabah agreement the fund management party is released from the guarantee system or there is third party who guarantee it. This is done in order to create justice among customers / mudharib and the bank so it can protect themselves from the loss. The problems in this research are how the implementation of mudharabah financing agreement in Sharia Banks, how the Banks solve the in trouble mudharabah financing in Sharia Banks, what sanction is implemented to mudharib if they break the agreement in Mudharabah financing agreement. To answer the above problems, this study uses juridical normative method qualitatively by analyzing primary, secondary and tertiary data as well as interview materials therefore produces the answer of each problems given. Based on the research it can be concluded that, among others, the arrangement of mudharabah financing agreement is based on the holy Al-Qur'an, Al-Hadist, National Sharia Fatwa Council of MUI, Act No. 21 Year 2008 on Sharia Banking and Act No. 10 Year 1998 About Banking