PERSPEKTIF HUKUM EKONOMI SYARIAH TERHADAP IMPLEMENTASI PERATURAN OTORITAS JASA KEUANGAN (POJK) NOMOR 31 TAHUN 2016 TENTANG PERLINDUNGAN KONSUMEN

Abstract

Pegadaian in carrying out its operational activities is supervised by the Financial Services Authority (OJK) based on Law Number 21 of 2011 concerning OJK, which aims to provide legal protection and certainty to consumers and customers. This research aims to analyze the implementation of Article 25 of OJK Regulation Number 31 of 2016 concerning Pawnshop Business, especially regarding consumer protection against damage and loss of pawned objects at the S. Parman Syariah Pegadaian. Apart from that, this research also explores the obstacles faced in implementing these regulations. The method used is normative juridical, with a focus on legal aspects that regulate consumer protection in pawnshop transactions. In this case, the pawnshop has the characteristic that it cannot be divided (ondeelbaar), which means that the object being pawned remains encumbered with a lien even though part of the debt has been paid off. The responsibility of Pegadaian Syariah S. Parman for damage to collateral, whether in whole or in part, is regulated in OJK Regulation Number 31/POJK.05/2016, which requires compensation in the form of money. The sharia economic law perspective in Pegadaian Syariah S. Parman is in line with the theory of compensation (ta'wid), which focuses on recovering losses that can be calculated clearly and concretely, including the obligation to replace damaged goods with similar goods or money if repairs are not possible. This research is expected to contribute to understanding the implementation of consumer protection in sharia pawnshop practices as well as the obstacles faced by pawnshop institutions.