AbstrakMalang is one of biggest district in selling imported second-hand

Bank syariah start initiated in Indonesia in the early period of the 1980s. But as an institution in the international sphere has begun to bloom, the emergence of Islamic banking institutions would have been preceded by intensive study of Islamic economic experts on the application of Islamic teachings in the formation of these institutions. The author examines how the concept of capital development based on mudlarabah financing practices and the implementation of the financing products in the system of Islamic banking operation in Indonesia.<br />Bank syariah mulai digagas di Indonesia pada awal periode 1980-an. Namun sebagai sebuah lembaga yang dalam lingkup internasional sudah mulai marak, kemunculan lembaga perbankan Islam tentu sudah didahului dengan kajian intensif dari para pakar ekonomi Islam tentang aplikasi ajaran Islam dalam pembentukan lembaga tersebut. Penulis meneliti bagaimana konsep pengembangan modal berdasarkan praktek pembiayaan mudlarabah serta penerapannya dalam produk pembiayaan dalam sistem operasional bank Islam di Indonesia.

Sharia housing with sharia developer system using cash and in house method without involving the bank is thriving, because in the advert mentioned no fines and confiscations. While every financing there is a possibility of contract breach, such as La Tansa Cluster Malang Housing, there are several users doing breach of contract. This breach of contract can cause problems between developer and user so that solution is needed. The goals of this research are determining factors that led to the breach of contract and the efforts to resolve trade breach of contract in La Tansa Cluster Malang in terms of civil code and Islamic laws. This research uses empirical legal research with a sociological juridical approach, a concept approach, and a legislative approach. Data collected by interviews with developer of La Tansa Cluster Malang and the user, and then analyzed using qualitative descriptive analysis methods. The results showed that breach of contract occurred in La Tansa Cluster Malang due to lack of user candidate analysis, postpone payments, family deaths, business failures, serious illness, and inaccurate financial predictions. According to civil code, the efforts to resolve contract breach of sharia housing trade in La Tansa Cluster Malang are doing deliberation, communication, time extension, PPJB canceling (according to the Article 1338 paragraph (2) of Civil Code), and money returning (according to Article 1267 and Article 1248 of Civil Code). While the efforts to resolve the breach of contract in La Tansa Cluster Malang according to Islamic laws are doing deliberation or reconciliation (shulh), communication, time extension (according to surah al-Baqarah (2): 280), PPJB canceling (based on fasakh iqalah), and money returning (based on dhaman al ‘aqdi).

Bankruptcy is a condition where the debtor is unable to fulfill his obligations to pay debts to creditors. Revision of Law Number 4 of 1998 became Law Number. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations explains that concurrent creditors are creditors who do not hold collateral and who do not have special rights and whose claims are not recognized or recognized conditionally, of course, this causes the position of concurrent creditors to be very vulnerable to getting their rights back on the debt of the bankrupt debtor. This research is normative research using a statutory approach and a conceptual approach, where in this study the researcher examined the regulations on bankruptcy through the Act and analyzes the concept of legal protection for concurrent creditors. The results of the study showed that, first, Law Number 37 of 2004 concerning Bankruptcy and PKPU (Postponement of Debt Payment Obligations) explains that concurrent creditors are conditional creditors and do not have special rights, their position in paying off debtors' debts from the remaining proceeds from the settlement or auction of bankrupt assets. Second, Islamic law stipulates that the guaranteed of legal protection for creditors is to fulfill debt obligations as regulated in Surah al Baqarah verse 282 based on the principle of al ‘adalah.

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