TRANSAKSI JUAL BELI RUMAH DALAM USAHA PROPERTY PERUMAHAN DALAM PERSPEKTIF HUKUM EKONOMI SYARI’AH

Abstract

Housing and settlement are a major issue that always gets more attention from the government. Housing and settlement problems are a continuing problem and will even continue to increase, in line with population growth, population dynamics, and growing socioeconomic demands. In the sale and purchase of housing there is usually there is an agreement used between developers, banks and buyers or consumers. An agreement in general there are parties that have a more dominant position, some are weaker. This then results in the practice of housing sale agreements whose clauses tend to harm consumers. The research method used is sharia economic law research method that adopts Qualitative Research, Covering data sources, both primary and secondary data, data collection techniques namely observation, interview, and documentation, data analysis techniques namely data reductions, display data, verification. Checking the validity of the data, and the stages of research. All of this researchers use, to obtain the results of the study. Research Results ; A. In the transaction of buying and selling between developers (developers) and farmers (landowners) has been in accordance with sharia economic law seen from the terms and pillars have been fulfilled. In the transaction there are several processes including: the first begins with negotiations, the second the occurrence of an agreement, the third payment, and finally the correspondence (ownership letter). B. Transaction of housing purchase in PT. Jasmine Prima Property contract used in the sale and purchase transaction is a parallel istishna' agreement. It can be known that there are three parties involved in it, namely consumers, home makers (developers) and banks providing funds. In the implementation of the responsibility of the developer has the principle of trust and has fulfilled the pillars and conditions of sale and purchase, but in the agreement there is an element of usury due to late fines in late installments / installments by the bank to consumers.