Abstract

This study aims to explain the construction of the implementation of fiduciary agreements based on the Islamic legal system in Indonesia. The type of research used is Normative Empirical research. In its implementation there must be an agreement between the two parties, and the goods to be fiduciated. Goods that can be fiduciated are only movable objects. The concept of collateral in Islam has been introduced since the beginning of Islam. One of the factors that most influences the existence of this fiduciary agreement is the internal factor, the Bank does not want to take the risk of not returning the money, so every credit agreement must be accompanied by sufficient collateral and has been bound by applicable laws. With the enactment of the Fiduciary Guarantee Law, it means that there are definite, clear and complete legal provisions regarding the rights of creditors and debtors. The results of this study indicate that banks that use sharia principles in Indonesia have implemented a fiduciary guarantee system in accordance with applicable laws. In the view of Islamic law, fiduciary guarantees are agreements that do not harm either party, because in fiduciary the object of the guarantee remains with the owner of the goods.