ASPEK HUKUM PRUDENTIAL BANKING PADA PROSES PEMBERIAN PEMBIAYAAN MUDHARABAH (STUDI KASUS DI BANK MUAMMALAT CABANG FATMAWATI JAKARTA SELATAN)

Mudharabah financing is one type of high risk financing, particularly after the financing is granted, compared to other types of financing. One of the risks that it carries is among others the possibility that a customer uses funds other than the ones mentioned in the akad, the neglects and mistakes intentionally made by customers or the concealment of protifts done by dishonest customers. Therefore, a bank needs to know its customers well before granting financing to them. One of the ways to know customers that has so far been applied before financing is one of the proofs of the prudential banking. The 5-C principels, which theoritically and practically have been adopted by many conventional banks, are ways/techniques of knowing customers that can be thoroughy investigated as to whether those principles are the ones applied by Bank Muammalat Cabang Fatmawati in analyzing a proposal for financing given to it. The consequence of the bank being careful in granting financing will affect the financing account owned by customers. This research applies normative sociologist method, by means of analyzing both primary and secondary collected in order to support discussions in the research. Based on the results of the research, it can be concluded that there is no fundamental differences between theories and practices of he ways or techniques done by Bank Muammalat Cabang Fatmawati in granting mudharabah financing. Nonetheless, in reality, Bank Muammalat is more careful in granting financing because every financing granted must be based on shariah principles and the accountability of fund management is a mandate that must be carried out as well as possible. In addition to that, religious values and principles upheld by all staffs at Bank Muammalat Cabang Fatmawati is another reason why it is not only the profits that must be prioritized. Measures done by Bank Muammalat to keep financing account to in good condition all the time has also be made by means of monitoring business project. It is done so that businesses financed by Bank Muammalat Cabang Fatmawati same with business project in proposal for financing. Monitoring toward of termin payment financing is also required in order to detect problems early and to find solutions to them immediately