The Dualism of Murabahah Contract on Saving-Loan Cooperative and Syariah Financing in Indonesia in Legal Certainty Perspective

The Saving-Loan Cooperative and Syariah Financing (KSPPS) in business activity applies murabahah contract for its financing, in order to give more legal certainty, the syariah cooperation asks for guaranty from the customers that they can be more serious in their orders. The problem appears when the customers fail to pay the financing in certain time based on agreed and signed contract from two parties. Which rules are used? The agreement on Murabahah contract bases on UUJF or contract object guaranteed on fiduciary guaranty board and made Fiduciary guaranty contract in notarize, and Murabahah contract obeys on the Rule of Cooperative Minister and Small and Medium Business of Indonesian Republic Number 16/Per/M. KUKM/IX/2015 on The Implementation of Business activity of Saving-Loan and Syariah Financing By Cooperation Act 1 number 6 that all business activity of syariah cooperation based on Instruction of the National Syariah Board of Indonesian Council of Religious Scholars.