Ganti Rugi Penyewa Atas Pemanfaatan Fasilitas Kamar Hotel Menurut Fatwa DSN-MUI NO: 112/DSN-MUI/IX/2017 (Studi Kasus Hotel Syariah Kec. Rantau Utara Kab. Labuhan Batu)

Abstract

This research is entitled tenant compensation for the use of hotel room facilities according to the DSN-MUI fatwa NO: 112/DSN-MUI/IX/2017 (Case study of sharia hotels in North Rantau District, Labuhan Batu Regency), this study aims to find out how the provisions for compensation the tenant's loss for the use of hotel room facilities, how is the implementation of compensation for the tenant for the use of hotel room facilities according to the DSN-MUI fatwa NO: 112/DSN-MUI/IX/2017 in Rantau Utara District, including, Wisma Syariah Hotel, Ahza Syariah and Rifana Residence Syariah. This research uses field research. The research method used is a qualitative research method and data sources were obtained through interviews with 3 tenants (Musta'jr) and 3 lessees (Mu'jir). The results of this study indicate that there are still hotels that enforce compensation laws for the use of room facilities, this clearly violates the rules according to the Fatwa of the National Syari'ah Council Number 112/DSN-MUI/IX/2017 concerning Ijarah Contracts which states that Musta'jir in ijarah contract 'ala ala'yan, is not obliged to bear the risk of losses arising from utilization, except for al -ta'addi, al -taqshir, or mukhalafat al-syuruth, and violates the contents and terms of the contract. So that the implementation of leasing creates harm or direct impacts such as a party who is harmed where this contains dharar and includes tyrannical actions against tenants.

Keywords

• Compensation; Rent; Ijarah; Hotel