Mortgage Agreement as Collateral in Mudharabah Contract Based On The Perspective Of Legal Certainty In Indonesia

ABSTRACT:This study investigates how the agreement on mortgage rights as collateral in mudharabahcontracts from the perspective of legal certainty in Indonesia. The type of research approach used is normativejuridical. This study shows that there is a mismatch between the concept of mortgage rights as stated in LawNumber 4 of 1996 on mudharabah contracts. The discrepancy states that a mudharabah contract is a profitsharing cooperation agreement, while a mortgage is a security agreement to pay off certain debts. Therefore, amortgage agreement as collateral for a mudharabah contract cannot be said to have legal certainty. This isreinforced in Article 10, which states that a debt agreement must precede mortgage rights. Meanwhile, themudharabah contract is not a debt agreement but a capital cooperation agreement to obtain profit

KEYWORDS: Collateral, Legal Certainty, Modharabah, Mortage Agreement, Perspective