Existence of Religious Court in Indonesia as the Executor Mortgage Right of Islamic Bank Financing

Abstract

Authority expansion of Religious Court in Indonesia in attending the case settlement of dispute in the field of Islamic economy stems from the development of government law politics and regulation policy of judiciary according to the needs of law from Muslim community. Since then, there have been many cases of Islamic banking dispute that have been submitted to the Religious Court, as well as execution of mortgage right which based on Islamic contracts. Meanwhile, the execution of mortgage right of Islamic banks financing in the Religious Courts is carried out in a long time, complicated, and not different from the execution of mortgage in District Court. It stems from the absence of clear rules which regulate the execution of Mortgage Right for Islamic financing in Religious Courts.