Ijarah Muntahiyah Bittamlik (IMBT) as an Alternative Lease Purchase Method as a Solution to The Rusunawa Ownership System

Abstract

Article 28H Paragraph (4) of the 1945 Constitution states that: "every person has the right to have private property rights and such property rights shall not be taken over arbitrarily by anyone". So this provision creates a constitutional norm that the implementation of Article 33 paragraph (3) and Article 28H paragraph (4) of the 1945 Constitution, the government needs to ensure the welfare of the community through the construction of residential houses. However, the development of residential housing is experiencing various challenges, these challenges include increasing population growth and urbanization in various regions, including in urban areas. This research aims to answer how what kind of financing and ownership model is effective to encourage ownership of rusunawa (simple rental flats) among low-income people. The method used in the preparation of this research is a juridical-normative approach, namely by examining various laws and regulations and technical conditions related to ownership of rusunawa housing. The result of this study is that one of the problems of rusunawa is that many of the dwellings that have been built become uninhabitable, one of the factors causing this is because the awareness of residents is still low because they feel they do not own the dwelling, for this reason it is necessary to make a breakthrough in the choice of payment methods so that residents have a sense of ownership of the dwelling they live in, one of which is the Ijarah Muntahiyah Bittamlik (IMBT) payment scheme. IMBT can be an alternative financing model and ownership of rusunawa in the Islamic financing system. With IMBT, low-income people can own rusunawa housing gradually and affordably. This research is limited to effective financing and ownership models to encourage ownership of rusunawa housing among low-income communities. This research provides a new concept so that the state can make a breakthrough for residents who rent rusunawa so that they can have housing with legal certainty of ownership, as a manifestation of the mandate of the 1945 Constitution.