Musyarakah (Studi tentang Akad Pembiayaan di Bank Syariah Mandiri KCP Solo Baru)

Financial institutions play an important role in the development and growth of modern industrial society. Financial institutions are a focus for entrepreneurs to get additional capital through credit mechanisms and become an investment focus through saving mechanisms. Musyarakah is a type of financing that is generally reserved for traders or entrepreneurs to increase their capital in developing their business. The Mutanaqisah financing is the mixing of capital where each party contributes its funds with the profit or loss borne along with the portion agreed upon by both parties when the contract. The research aims for 1) to know the legal relationship in the Mutanaqisah consultative Agreement, and 2) to know the legal protections for the parties involved in the Mutanaqisah breeding contract at Bank Syariah Mandiri kcp Solo Baru. The results showed that 1) in conducting Mutanaqisah in the banking sector, the agreement of the Parties or commonly referred to as AKAD, must be done in writing. All provisions agreed must be outlined in the agreement, including the clauses on the sharing of profits and losses. If the event is in the midst of the Mutanaqisah losses in the customer's effort, then to determine whether the damages include losses that will be borne also by the bank or not, should refer to the Mutanaqisah contract that has been created by Customers and banks; 2) in financing Musyārakah debtor customers can do the default so that the Bank Syariah Mandiri KCP Solo Baru need to take anticipating measures against the loss is by making a sale of collateral Musyārakah previously negotiated against customers who suffered problematic financing, and 3) the financing of the Mutanaqisah applied by Bank Syariah Mandiri KCP Solo Baru is allowed, because in practice in terms of conditions and its pillars No one deviates from the Islamic law