Professional Documents
Culture Documents
3.
ii
ABSTRACT
Man is a social being (zoon politicon) and economic being (homo
economicus) so that they need to one another, particularly fulfilling their economic
needs. One of the implementations of fulfilling the economic needs is by pawning at
PT. Pegadaian, either conventional and sharia. Conventional and Sharia Pawn Shop
is the pawn which has legal concepts which are different from one to another, from
legal principle, legal sources, and its operational technique. However, the differences
are not the obstacle for the people. It can be seen from the enthusiasm of the Moslems
and non-Moslems who participate in doing pawning transaction, either in the
Conventional Pawn Shops or in Sharia Pawn Shops.
The problems of the research were as follows: how about the difference in
principle between the principle of Sharia pawn and conventional one, how about the
implementation of sharia pawn at PT. Pegadaian Syariah Cabang Setia Budi Medan
and the implementation of conventional pawn at PT. Pegadaian Cabang Gaharu
Medan, and how about public participation by the existence of sharia pawn system.
The objective of the research was to understand the difference in principle
between sharia pawn and conventional one, to find out the implementation of sharia
pawn at PT. Pegadaian Syariah Cabang Setia Budi, Medan and the implementation
of conventional pawn at PT. Pegadaian Cabang Gaharu, Medan, and to find out
public participation by the existence of sharia pawn system.
The research used judicial empirical with descriptive analytic and comparative
method. Therefore, it was conducted by using field study and library research.
The result of the research showed that
1. Conventional pawn was different from sharia pawn from the principal point of
view and from legal sources. Conventional pawn was based on civil law, while
sharia pawn was based on the Islamic law. The legal source of conventional
pawn was Book II, Chapter XX, Articles 1150 up to 1160 of the Civil Code, The
legal source of sharia pawn was found in the Qoran and Hadits, Scholars
opinion, the advice of the national Sharia Board of the Indonesian Islamic
Scholar No. 25 and No. 26 on rahn and gold rahn.
2. The implementation of conventional pawn at PT. Pegadaian Cabang Gaharu,
Medan and sharia pawn at PT. Pegadaian Syariah Cabang Setia Budi, Medan
consisted of core business, non-core business, and supplementary. The procedure
of doing conventional pawn and sharia pawn were similar: the clients bring their
collateral and identification cards to the pawn shops and filled out the forms. If
the clients agreed on the estimating price for the collateral and the amount of
borrowed money, the staff of PT. Pegadaian and PT. Pegadaian Syariah would
process the administration and the money borrowed by the clients. If there is a
dispute at PT. Pegadaian and PT. Pegadaian Syariah, persuasive approach will
be done first. When there is no solution, the case will be brought to litigation and
non-litigation.
iii
3. Public participation has very good prospect by the existence of Sharia Pawn. It
can be seen from the great number of clients who are enthusiastic in doing the
transaction in sharia pawn at PT. Pegadaian Syariah Cabang Setia Budi Medan.
There are about 30 to 33 clients each day and 760 clients each month with the
average of marhun bih reaches to Rp. 4.718.202.857 per month. They consist of
Moslems and non-Moslems.
Keywords: Implementation, Conventional Pawn, Sharia Pawn
iv