N, Muhamad Rezkhi Kurniadi (2025) Analisis Hukum Perjanjian Jual Beli Rumah Secara Akad Murabahah Melalui Bank Tabungan Negara (BTN) Syariah di Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

The development of Islamic banking in Indonesia has shown significant growth in recent years, in line with increasing public demand for financial services that comply with Islamic principles. One of the most prominent products in home financing is the murabahah contract—a form of sale-purchase agreement in which the seller transparently discloses the cost price and a predetermined profit margin. Bank Tabungan Negara (BTN) Syariah, as a major player in Indonesia’s Islamic banking sector, offers home financing through the murabahah-based KPR BTN iB product, including in Pekanbaru. This study aims to provide a comprehensive analysis of the legal implementation of murabahah contracts in house purchase agreements at BTN Syariah Pekanbaru Branch and to identify the legal challenges and potential solutions arising in practice. This study focuses on two main problems: how the house sale-purchase agreement using a murabahah contract is implemented at BTN Syariah Pekanbaru, and what legal challenges are encountered along with the appropriate solutions..The research employs an empirical juridical approach combined with descriptiveanalytical methods, integrating normative legal review of regulations with field data obtained through interviews with bank staff and customers involved in murabahah contracts. The study also applies legal contract theory, maqashid al-sharia, and the fatwas of the National Sharia Council (DSN-MUI) as foundational analytical frameworks. The findings reveal that murabahah contracts at BTN Syariah generally comply with Islamic principles, especially in terms of pricing transparency, clear profit margins, and proper transfer of ownership prior to resale to customers. However, several critical issues persist in practice, including limited customer understanding of contract terms, potentially burdensome clauses, premature transfer of risk to the customer, and additional charges—such as late payment penalties and insurance fees—that may raise concerns regarding their alignment with Islamic law. In some instances, the murabahah model appears to resemble conventional interest-based lending disguised under the formal structure of a sale, thereby risking deviation from the foundational Islamic prohibition against riba (usury). This study highlights the importance of improving customer education and financial literacy, enhancing oversight by internal Sharia Supervisory Boards, and ensuring continuous regulatory evaluation to guarantee that murabahah practices truly reflect the core values of maqashid al-sharia—justice, welfare, and transparency. The results of this research are expected to contribute academically to the development of contemporary Islamic commercial jurisprudence and support the advancement of ethical, just, and riba-free Islamic financial systems in Indonesia.

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