Rekonstruksi Perlindungan Hukum Nasabah dalam Restrukturisasi Pembiayaan Bermasalah pada Perbankan Syariah Berbasis Prinsip Keadilan

Abstract

Non-performing financing is one of the significant issues in Islamic banking that may create an imbalance in the legal relationship between banks and customers. Financing restructuring serves as one of the mechanisms for resolving such problems by providing customers with an opportunity to fulfill their obligations while enabling banks to maintain financing quality. However, its implementation may raise legal concerns regarding transparency, objective assessment of customers’ repayment capacity, proportionality of obligations, and the balance of the parties’ positions. This study aims to analyze the legal protection of customers in the restructuring of problematic financing in Islamic banking and to formulate a reconstruction of legal protection based on the principle of justice. This research employs normative legal research using statutory, conceptual, and case approaches. The case analysis focuses on Supreme Court Decision Number 401 K/Ag/2020 involving PT Panah Jaya Steel and PT Bank Victoria Syariah. The findings indicate that customer legal protection has a normative basis but requires substantive strengthening, particularly in the formation and implementation of financing restructuring. The reconstruction of legal protection should be based on the principles of transparency, objectivity, proportionality, and good faith. Therefore, restructuring should not merely function as an instrument for protecting banks from financing losses, but also as a legal mechanism capable of establishing a fair and balanced resolution for customers.