The provisions of the decree No.172/KMK.06/2002 finance minister
stating that the activities carried out in the form of factoring and purchase
or transfer and management of short term receivables or bills of trade
transactions within or outside the country .
In fiqh although the term transfer accounts , but do not know which
accounts resale . Based chairman of Bapepam LK regulation No.PER-03/BL/2007
about financing corporate activities based on the principles of Shariah , the
notion of Factoring ( factoring) is a transfer of accounts receivable
activities of a company following the short term management of the accounts in
accordance with the principles of syariah. Transfer agreement or factoring accounts
receivable (factoring) in fiqh muamalah termed hiwalah .
Thus , where the substance of the business models of law Muamalat
factoring can be equated with substance hiwalah al - muqayyadah contract ,
meaning that the debt transfer client (Muhal) contained on the customer (muhil)
to the factor in lieu of payment of debt obligations of the customer to the
client .
Rinus Pantouw. Hak Tagih Factor Atas
Piutang Dagang. Jakarta : Kencana Prenada Media Group. 2006.
Burhanudin. Hukum Kontrak Syari’ah.
Jogjakarta: BPPE Jogjakarta. 2009.
By_Rif’atul
Machmudah (11220027)
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