Review by Auction of Auction Ibn Taimiyyah Warranties of Financing in Islamic BJB Branch Office Helper Soreang

Abstract

The auction in trading activities are not always identified with the offer or sale of rare items, but also sometimes made to sell the collateral on the debts of a transaction where one party did wanprsetasi or breach the agreement. It also occurs in BJB Syariah Branch Office Soreang where collateral auctions conducted also occurred after the seizure of financial guarantees as a result of negligence on the part of customers in the payment of installments receivable financing. An auction process guarantees in BJB Syariah goods done by selling directly (by force) even though there is no consent from the customer. If the customer does not want to sell directly, then penjulan be represented on the parties considered fair. Of the phenomenon, visible discrepancies several matters related to the sale or auction mechanism pawn goods in BJB Syariah Branch Office Soreang with penjulan concept of collateral through an auction according to Ibn Taymiyyah. According to Ibn Taymiyyah, the auction included in the sale and purchase so that in its implementation must still forward the elements of harmony and terms of sale and purchase as well as common rules in Islamic economics as antarodin, open and fair. Based on this background, the authors formulate the problem as follows: How to auction the collateral debts according to Ibn Taymiyyah perspective? How does the process of auction goods financial guarantees in BJB Syariah Branch Office Soreang? And how does a review of jurisprudence according to Ibn Taymiyyah to the policy of auction goods financial guarantees in BJB Syariah Branch Office Soreang? The research method is analytical descriptive character study approach, which examines the implementation of the auctions in BJB Syariah financial guarantees are reviewed through the concept of jurisprudence, Ibn Taymiyyah, especially regarding the provision and selling auction mechanism. The conclusion of this study is the auction the collateral debts from the perspective of Ibn Taymiyyah is legal / allowed or permissible, then the process of auction goods financial guarantees in BJB Syariah Branch Soreang done by the price mechanism and regulations that refer to the Minister of Finance Regulation No. 93 / Pmk. 06/2010 On Implementation Guidelines Auctions, and execution of auctions in BJB Syariah Branch Office Soreang in accordance with the laws and regulations in Indonesia and not in conflict with the concept of buying and selling auction under the terms of jurisprudence Ibn Taymiyyah.