JURIDICAL ANALYSIS ON JAMMED FINANCING OF FOUR WHEELED VEHICLE AND THE SETTLEMENT IN ORDER TO REALIZE LAW CERTAINTY (Research Study at The People’s Financing Sharia Bank Syarikat Madani in Batam City)

Master of Law

This research is an empirical legal research entitled Juridical Analysis on Jammed Financing of Four-Wheeled Vehicle and the Settlement in order to Realize Legal Certainty as to implement Law Number 10 Year 1998 concerning Amendments to Law Number 7 Year 1992 about Banking, Supplement to the State Gazette of the Republic of Indonesia Number 3790. The legal regulation that becomes the writer's reference is the Law of the Republic of Indonesia Number 42 Year 1999 about Fiduciary Guarantees, in the State Gazette of the Republic of Indonesia Year 1999 Number 168, which stipulates the policy at the People’s Financing Sharia Bank Syarikat Madani Inc. in Batam, as well as knowing its implementation, what factors, obstacles and solutions in implementing the jammed financing of four-wheeled vehicles and the solution in order to create legal certainty. The data used in this type of research is normative, thus the study conducted by means of literature study. Literature study is a theoretical study, references and other scientific literature related to the culture, values and norms that developed in the social situation under the research process. The writer also conducted interviews with the legal staff of the People’s Financing Sharia Bank Syarikat Madani Batam. The writer also uses secondary data to research in digging up information and data collection methods carried out through library materials in the form of journal books, and articles written by experts. The results of the research using the positive legal study method used by the writer in this research is a method that is deductive (general) to induction (specific), a method used to complete the normative system that has been compiled and in the data through collection and inventory efforts. Based on the results of this research, the conclusion that can be drawn from the elaboration of this thesis is that the implementation of the Law regulations has not been fully implemented properly by the People’s Financing Sharia Bank Syarikat Madani Inc. in Batam, as there is no coercive tool for the guarantee. The advantage is at the time of execution, because there is an executorial title in the Fiduciary Guarantee contract. The writer suggests for the improvement in analyzing the customer’s data that is applied in sharia principles, also to improve promotions methods that are more attractive and language that is easily understood by customers in ensuring the ease of financing procedures while still hold firmly to Islamic Sharia principles to maintain halal quality in the bank transactions

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