TANGGUNG JAWAB PARA PIHAK TERHADAP CIDERA JANJI DAN UPAYA PENYELESAIANNYA DALAM PEMBIAYAAN MUSYARAKAH PADA PT. BPR SYARI'AH BANGUN DRAJAT WARGA

This research was intended (1) to study and analyze responsibility for default in musyarakah financing applied in PT BPR Shariah Bangun Drajat Warga and (2) to study resolution of the default in musyarakah financing in the bank. It is juridical empirical research done through library study and field study. This is a descriptive analytical research that describes wholly and systematically legal principles, rules and other regulations contained in problems discussed. Data were collected with interview, observation and literary study. The result indicates that (1) responsibility of parties over default done in musyarakah financing was not regulated balance so it did not give fairness for customer. It is due to in musyarakah contract, responsibility was only given on customer. As for clause of default, bank responsibility is not regulated in detail which is different for customer. The provision places customer in weak position. (2) Resolution effort over default in musyarakah financing was done through negotiation that is divided into two parts: mild default and severe default. In mild default, bank reprimand customer orally and through SMS and phone to pay installment and profit sharing to bank because it was due. In severe default, bank took following attempts: (1) the bank gives oral and written reprimand to custome