Binding of the Sea Ship as Hypotic Institution in Syariah Finance According to Indonesian Legal System (Case Study Decision 1221 / Pdt.G / 2009 / PA South Jakarta)

Abstract

The legal basis for ship mortgage guarantee institutions is contained in several statutory provisions namely the Civil Code, the Commercial Code, the International Convention on Maritime Receivables and Mortgage 1993 which has been ratified by the Indonesian government through Presidential Regulation No. 44 of 2005, Law No. 17 of 2008 concerning Shipping. Article 1162 of the Civil Code formulates the notion of a mortgage that is a material right over immovable property to take the compensation thereof for the settlement of an agreement From the formulation of the definition of the ship mortgage, contained the meaning that in the ship mortgage inherent property rights, so the ship mortgage is a material guarantee. As a guarantee of materiality, it gives absolute rights to creditors on an object, can be defended against anyone, has inherent nature and always follows the object in the hands of whoever that object is (droit de suite). In one of the mortgage clauses, PT. Kartika Nusantara Riezkytama insuring Karunia Motor Ship in the company of PT. General Takaful Insurance, PT. Nusantara Riezky Tama insured the Motor Boat with the type of Total Loss Only insurance and claimed the insurance. PT. General Takaful Insurance is the first shariah general insurance company for all insurance needs in Indonesia that was established in 1995. Sharia insurance is insurance based on sharia principles with the effort to help and protect each other among the participants through the formation of a collection of funds managed according to sharia principles to face certain risks. This problem continues in the trial at the South Jakarta Religious Court between PT. Bank Muamalat Indonesia with insurance company PT. General Takaful Insurance with a breach of lawsuit for not carrying out the obligation to pay the claim for the loss of a motor boat resulting in losses of PT. Bank Muamalat Indonesia.