Akibat Hukum Side Streaming yang Dilakukan Nasabah pada Akad Pembiayaan Musyarakah

Abstract

This research examines the legal consequences of side streaming carried out by customers in musyarakah financing contracts, with a problem formulation, namely what legal consequences arise if side streaming occurs by customers. This research is normative juridical research using a statutory approach. The results of the research conclude that the legal consequences of side streaming or misappropriation of financing funds carried out by customers using funds that are not in accordance with the contract and/or the initial purpose of the financing is fasakh, namely the cancellation of a contract due to reasons that result in disruption of the value of the contract due to breach of contract and giving rise to financing problems. Side streaming is included in errors or mistakes (ghalat). The musyarakah financing agreement was canceled because the customer used the financing funds not in accordance with the contents of the contract.