Akibat Hukum Pembiayaan dengan Akad Musyarakah Mutanaqishah yang dilaksanakan Secara di Bawah Tangan

Abstract

Financing can be done using various types of contracts, one of which is: the musyarakah mutanaqishah contract. The agreement that arises from the contract is stated in the deed. Deeds consist of 2 (two) forms, namely authentic deeds and private deeds. An authentic deed provides perfect evidentiary power, while a private deed does not have perfect evidentiary power. Ideally, financing is carried out with an authentic deed. However, in practice, financing still occurs with a musyarakah mutanaqishah contract which is carried out privately, and then legalized before a notary. Based on this, it is necessary to conduct research regarding the legal consequences of financing with musyarakah mutanaqishah contracts carried out privately. The researcher formulated a problem formulation regarding what are the legal consequences of a financing deed with a musyarakah mutanaqishah agreement that is executed privately? The research method used is normative with literature study. The results of the research conclude that the contract executed remains valid and binding as law for the parties as long as the terms and conditions of the contract are fulfilled. A private deed that is legalized before a notary is stronger than a private deed that is not legalized. However, the strength of the evidence is not perfect and still requires the judge's consideration regarding the strength of the evidence-based on Article 1881 paragraph (2) of the Civil Code.