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CAR RENTAL COMPENSATION PERSPECTIVE MUI FATWA NUMBER

43/DSN-MUI/VIII/2004 (CASE STUDY OF NADIA RENT CAR MEDAN)

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ABSTRACT

The purpose of this research is to find out the steps for settlement of compensation in the practice of

renting a car based on the perspective of the MUI Fatwa Number 43/DSN-MUI/VIII/2004. The

formulation of the problem used is how to settle compensation for parties who default (consumers)

forgotten or not pronounced at the time of the contract, then it will be detrimental to one of the

parties. If the consumer commits a default that does not comply with the verbal agreement at the

outset, then the consumer will compensate for the loss determined by the producer. According to the

perspective of the MUI Fatwa Number 43/DSN-MUI/VIII/2004 general provision number 4, namely

the amount of compensation (ta'widh) is in accordance with the value of real compensation (real

loss) that must be experienced (fixed cost) in the transaction and not a loss expected to occur

(potential loss) due to missed opportunities (opportunity loss or al-furshah al-dhai'ah). Where is the

compensation that must be completed according to the agreement made at the beginning by the

producer at the beginning, even if it was done verbally.

Keyword: Rent, Compensation, MUI Fatwa Number 43/DSN-MUI/VIII/2004.

this interaction can be in the form of a legal act, which in principle the law regulates the

relationship between one person and another. Every relationship in society cannot be

separated from the law. Legal relationship is a relationship between two or more legal

subjects. In this legal relationship, the rights and obligations of one party deal with the rights

and obligations of the other party. Legal relations can occur between legal subjects and

between legal subjects and objects (Soeroso, 2005).

A legal act is a relationship governed by law in which rights and obligations are

associated with that relationship and failure to comply with those rights and obligations may

result in legal sanctions. Society in everyday life will not be separated from carrying out a

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legal action, one of which is by entering into an agreement in which each party is able to be

accountable and one example of an agreement is a lease agreement. An agreement according

The activity of renting a vehicle is often carried out among the community, whether

can be used either by the tenant of the goods. Rentals that are often carried out among the

(Pasaribuan and Lubis, 1994).

The problem that often occurs in the implementation of agreements is default. Default

is a condition where the debtor (one of the parties) does not comply as he should or according

to what is appropriate, including being late for achievement and committing acts that are not

permitted according to the agreement (Khairandy, 2013).

In leasing can not be separated from the name of compensation. Compensation is

something that is done by the lessee of the goods he rented. Compensation will only be

charged by the debtor if the creditor is harmed by the debtor as a result of not carrying out

the responsibilities or fulfilling the promise. Compensation is an obligation that must be

completed by the debtor, because if it is not resolved it will harm the creditor.

rentals are of course common. Violations of the rental agreement include damage to goods

rented by consumers and actions not to return goods rented by consumers. In addition, there

are delays that exceed the return time according to the agreement. If this condition is not

anticipated, it will cause losses.

Compensation violations are carried out by the tenant or from the lessor, which

becomes a problem here when the fines or compensation imposed are unreasonable, this is

also a concern in Islamic law. Not a few of the rentals in the field do this unreasonable

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compensation. As happened with car rental in Medan. This study will discuss compensation

for car rentals on the basis of the MUI Fatwa as the legal basis, because the MUI Fatwa is

RESEARCH METHODS

research is analytical descriptive and the research approach is to use a conceptual approach.

reconstruction and data systematics. Data analysis used qualitative analysis with a deductive

thinking approach. Source of data comes from primary data and secondary data. And in this

research, the form of primary data sources is by studying several documentation related to

laws and regulations or several articles that are in line with the research being conducted.

While secondary data is supporting data as a reference in the form of books, photographs,

records, as well as archives and reports.

RESULTS AND DISCUSSION

1. Lease

Having a car rental for tour purposes is important for tourists. This is also used as an

Ijarah is a type of contract to take benefits by way of compensation. So essentially ijarah is

the sale of benefits. Benefits sometimes take the form of in-kind benefits, such as a house to

live in or a car to ride (drive). Sometimes it takes the form of work such as the work of an

engineer, construction worker, weaver, dyer and tailor. Sometimes the benefits are various

personal work of someone who devotes energy. The owner who rents out the benefits is

called Mu'ajir, the other party who gives the lease is called Musta'jir and something that is

contracted for benefits is called Ma'jur (rent). While the services provided in return for

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benefits are called Ajran or Ujah (wages). When the lease agreement has taken place, the

tenant has the right to take advantage. Meanwhile, people who rent out have the right to take

of usufructuary rights (benefits) for an item or service for a certain time through payment of

Meanwhile, according to Bank Indonesia terms, ijarah is leasing for the benefit of an item

lessee, the two parties bind themselves to achieve achievements as stated in article 1548 of

the Civil Code. An agreement entered into by the lessee with the lessor must comply with

the provisions of the procedure, so that the agreement can be carried out smoothly and carried

out according to the provisions applied by the lessor's regulations so that in the event of a

lease being legal in accordance with the law in Article 1320 of the Civil Code concerning

the terms of the validity of the agreement and nothing that is unwanted by both parties will

not happen in the future.

In a car rental agreement, the most important thing is an agreement made by both

parties consciously and without any pressure from anywhere. According to the agreement,

both parties must submit and comply with the contents of the agreement. If one of the two

been agreed beforehand.

Arrangements regarding ijarah in the compilation of sharia economic law are

contained in chapter X (Articles 251-290). The scope of the discussion includes: first,

discussing the pillars of ijarah consisting of; a) the lessor; b) the lessor; c) ijara objects; and

d) shighah contract ijarah contract must use clear sentences. Ijarah contract can be done

orally, in writing and or by gesture. The ijarah contract can be changed, extended and or

canceled based on the agreement. The ijarah contract can be enforced in the future.

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Second, explaining the terms of implementation and settlement of ijarah. To complete

an ijarah contract process, the parties to the contract must have the ability to carry out legal

in the ijarah contract. If the use of ijarah objects is not stated with certainty in the contract,

the ijarah contract does not exist, the contract is cancelled. The ijarah money does not have

be paid with or without a down payment, prior payment, payment after the ijarah object has

been used, or payable based on an agreement. Ijarah advances that have been paid cannot be

returned unless otherwise specified in the contract. The down payment for the ijarah must

be returned by the lessor if the cancellation of the ijarah is made by the lessor. The down

payment for the ijarah does not have to be returned by the lessor if the cancellation of the

ijarah is made by the party who will rent it (articles 263-264).

Fourth, tells about the use of ijarah objects. The lessee can use the ijarah object freely

if the ijarah contract is carried out absolutely. The tenant can only use the ijarah object in a

certain way if the ijarah contract is carried out on a limited basis. Lessees are prohibited from

renting and lending ijarah objects to other parties except with the permission of the lessor.

contract. If the ijarah object is damaged during the contract period which is not due to the

lessee's negligence, the lessee is obliged to replace it. If the ijarah contract does not stipulate

the party responsible for damage to the ijarah object, then the customary law that applies

among them is made law. The lessee is obliged to pay for the damaged ijarah object based

on the time that has been used and the amount of the ijarah is determined through deliberation

(articles 268-270).

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Sixth, explaining the price and term of the ijarah. The value or price of ijarah, among

others, is determined based on the unit of time. The units of time in question are minutes,

Excess time in ijarah carried out by the lessee must be paid based on agreement or custom

Seventh, discussing the types of goods to be ijara and the return of ijara objects. The

object are stipulated in the ijarah contract. If the tenant's additional rights are not stipulated

in the contract, the additional rights are determined based on custom (articles 274-275).

Eighth, discussing the return of ijarah objects. Ijarah ends with the completion of the

ijarah time specified in the contract. The way to return the ijarah object is based on the

provisions contained in the contract. If the way to return the ijarah object is not specified in

the contract, then the return of the ijarah object is carried out according to custom (articles

276-277).

Ninth, explained about ijarah Muntiyah bi al-tamlik. The pillars and conditions in

ijarah can be applied in the implementation of ijarah Muntiyah bi al-tamlik. In an ijarah

Muntiyah bi al-tamlik an object between the mu'jir/the party who rents it out and the

Tenth, tells about sunduq hifzi ida'/safe deposit box. The use of sunduq hifzi ida'/safe

deposit box can be done with an ijarah contract. The use of sunduq hifzi ida'/safe deposit

box is subject to the provisions referred to in the pillars and conditions of ija>rah. Items that

can be stored in a sunduq hifzi ida'/safe deposit box are valuable objects that are not

prohibited or prohibited by the state. The amount of the ijarah sunduq hifzi ida'/safe deposit

box fee is determined based on the agreement in the contract. The rights and obligations of

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the lessor and the lessee are determined by agreement as long as they do not conflict with

the terms and conditions of the ijarah (articles 286-290).

they protect each other's rights and obligations. If an agreement is not held, it is likely that

in arbitrariness of one of the parties, in car rental, if it is not regulated, the object of the

a. Register with the car rental company

b. Make an order according to the wishes of the tenant

c. Submit several files determined by the lessor for the lessee's guarantee in carrying

out the car rental

d. Inform the rules that have been set in writing and not in writing by the lessor and

the fines that will be paid if they break the rules

e. Then make transactions between tenants and lessees, whether it's a down payment

or DP or in cash.

f. And finally, giving the key along with the vehicle to be rented

2. Compensation

Wahbah al-Zuhaili, Ta'wid (compensation) is covering losses incurred due to violations and

mistakes (Al-Zuhaili, 1998).

According to Syamsul Anwar, this concept in Islam focuses more on the rights and

obligations between the debtor and the creditor and according to compensation in Islam it is

only burdened by the debtor if the creditor is harmed by the debtor as a result of not carrying

out responsibilities or breaking a promise. Compensation is only imposed on the debtor who

breaks his promise if the loss experienced by the creditor has a causal relationship with the

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broken promise and broken contract with the debtor. The definition of loss according to R.

Setiawan is a real loss that occurs due to default. The amount of loss is determined by

The compensation includes replacement compensation and complementary

performance that should be the right of the lease, covering all losses suffered as a result of

costs, losses and interest. The compensation has been adjusted according to the rules made

by the rental car, some of which have been written in the agreement and there is also verbal

notification. Regarding the rental car that makes an verbal agreement in terms of overtime,

usually if it is past the deadline, the rental car will contact the lessee reminding them to return

the car or sometimes come directly to the tenant's place of stay.

Compensation in the form of fines is given by the lessor to the lessee, because the

lessee violates the terms of the contract intentionally and causes losses to the lessor because

the lessee has defaulted. Lessees who default will be given sanctions in the form of a fine of

an amount of money, the amount of which is determined on the basis of the agreement and

is made when the contract is to be signed. Based on the Fatwa of the National Sharia Council

c. Whereas Islamic shari'ah protects the interests of all parties in a transaction, both

customers and LKS, so that no party's rights may be harmed;

d. That the losses actually experienced in real terms by the parties to the transaction

must be reimbursed by the party that caused the loss;

e. Compensation (ta`widh) may only be imposed on a party who intentionally or

negligently does something that deviates from the terms of the contract and causes

harm to the other party.

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f. The party whose promise is broken is responsible for the costs of the case and

other costs incurred as a result of the settlement process

through litigation and non-litigation. Litigation is a dispute resolution system through the

and decided by a judge. Settlement through litigation is regulated in Law Number 48 of 2009

a. Requesting the tenant or the defendant to complete the leasing process;

b. Asking for compensation made by the tenant. If later, after undergoing trial and a

decision has been made by the judge and the contents of the decision approve the

petitum of the defendant, the plaintiff can carry out the contents of the decision on

condition that the decision made has permanent legal force.

This non-litigation settlement is carried out by negotiating between the tenant and the

lessor to do so and get a fair outcome. If one of the parties still does not want to make an

agreement, another non-litigation method is to use mediation and negotiation. Mediation is

an effort to resolve conflicts by involving a neutral third party, who does not have decision-

making authority that helps the disputing parties reach a settlement that is acceptable to both

result of compensation made by the lessor (manufacturer). Because the lessor does not enter

into a contract that is not in accordance with the compensation specified.

In this case, the lessee made a default where the lessee did not return the car on time

due to conditions on the way that made it possible for the lessee to return home at the

appointed time. In the contract before using the rented car, the owner and the lessee make

an agreement where the owner says that if you are late in returning it, you will be fined 40

thousand per hour. The owner did not explain if it was past 00.00 WIB that the calculation