Interpretasi Hukum Terhadap Ketentuan Pembayaran Akad Bai' As-Salam dalam Kompilasi Hukum Ekonomi Syariah

Abstract

This study aims to examine and analyze the problems of legal interpretation in the Compilation of Sharia Economic Law (KHES), especially Article 103 regarding payments in the Bai' Salam contract (buying and selling orders). Article 103 of the KHES states that payment can be made at an agreed time and place. This clause causes confusion and inconsistency, because the general provisions of KHES and Fatwa DSN MUI No. 5 of 2000 affirm that the payment of Salam must be made at the beginning of the contract. A characteristic that distinguishes it from the Istisna contract. This research is a normative legal research that uses a statutory approach and a conceptual approach. The legal materials analyzed include KHES, DSN MUI Fatwa, and the Book of Fiqh Madzahibul Arba'ah. The results of the legal interpretation show that in order to achieve conformity with sharia principles and DSN Fatwa, Article 103 of the KHES needs to be interpreted as payment of the price/capital of Salam must be submitted in cash at the beginning of the contract. The phrase "payment  of bai' salam goods can be made at the agreed time and place" is interpreted as the delivery of goods in accordance with mutual agreement. The legal consequence of this interpretation is the legal certainty that the Salam contract is  only considered valid if the price is paid in cash at the beginning of the contract. This legal certainty is important to maintain consistency in the application of the law, dispute resolution, compliance with sharia principles, and regulatory implications in Indonesia. In order to achieve certainty and consistency of sharia law, it is recommended that the Compilation of Sharia Economic Law (KHES) revise or clarify the formulation of Article 103 to explicitly affirm the obligation to pay  the price of the Bai' Salam contract  in cash at the beginning of the contract.