Abstract
In August 2018 the Religious Court accepted the Sharia Rural Bank Al-Mabrur, located in the city of Klaten, application as plaintiff under number 1135 / Pdt.G / 2018 / PA / Klt. They sued Tri Suyatmi and Panut Basuki, for their violation of disobeying the Murabaha contract number: 2414 / APJBM / AL MABRUR / VI / 2017. Based on the case above, a review of decision number 1135 / Pdt.g / 2018 / PA.Klt will be examined. In this article, we will review first of all, what is the basis for the consideration of the Klaten Religious Court judges in completing case number 1135 / Pdt.g / 2018 / PA.Klt. Secondly, Is the Religious Court judge's decision regarding the Murabaha contract in the Sharia Rural Bank Al-Mabrur in accordance with the DSN-MUI Fatwa? This research is a type of qualitative research, which uses an evaluative method that is by measuring certain benefits and activities, as well as collecting and analyzing data systematically to determine the value or benefits of the contents of decision file number 1135 / Pdt.g / 2018 / PA.Klt. The data were obtained from observations, interviews with Judges and Clerks of the Klaten Religious Court, and documents in the Religious Courts. Based on the results of the study it can be concluded that: 1) Judge's decision on case number 1135 / Pdt.g / 2018 / PA.Klt is to declare legal Murabaha contract number 2414 / APJBM / AL MABRUR / VI / 2017, 2) Defendant is proven to have defaulted and must pay material compensation of Rp. 36,269,864 and pay the costs of the case, 3) The legal basis used by the Panel of Judges in setting decisions is in accordance with Islamic Economic Law, namely using the Fatwa of the Sharia Council of the Indonesian Ulema Council (DSN-MUI) concerning the Murabaha contract
Highlights
Conflicts and disputes that occur in Islamic banking are increasing in their types, all of which are in need of solutions and sttelement
The Klaten Religious Court on August 1, 2018, in the Registrar’s Office, received a lawsuit regarding the fulfillment of the murabaha financing agreement with case number 1135 / Pdt.G / 2018 / PA / Klt filed by the BPRS Al Mabrur, which is domiciled in the Avenue Klaten Highway -Solo Km 04, Kerubaru, Belangwetan
Pengadilan Agama Purbalingga Tentang Wanprestasi Akad murābaḥah Studi Kasus Putusan Perkara Number 0311 / pdt.g / 2014 / Pa.Pbg, states that the legal basis used by the Panel of Judges is Law Number 7 of 1989 as amended by Law No 3 of 2006 and amendments to (2) two of Law No 50 of 2000 concerning Religious Courts which contains the absolute authority of the Religious Courts Law No 1 of 1995 as amended by Law No 40 of 2007 concerning Limited Liability Companies (PT) contains the position of directors in being responsible for the interests of the company as representatives in and outside the Court
Summary
Conflicts and disputes that occur in Islamic banking are increasing in their types, all of which are in need of solutions and sttelement. One of the cases that occurred was a dispute at the BPRS Al-Mabrur in a murabaha contract. There was a dispute in carrying out this contract, the customer and the BPRS Al Mabrur tried to settle the meeting. The customer and the BPRS Al Mabrur hereby agree to appoint, determine and authorize the Klaten Religious Court office to give its decision, whose legal opinion or the decision determined is of a nature final and binding. The Klaten Religious Court on August 1, 2018, in the Registrar’s Office, received a lawsuit regarding the fulfillment of the murabaha financing agreement with case number 1135 / Pdt.G / 2018 / PA / Klt filed by the BPRS Al Mabrur, which is domiciled in the Avenue Klaten Highway -Solo Km 04, Kerubaru, Belangwetan. North Klaten, in this case was represented by Arifin Hidayat, SE In his position as managing director of the BPRS Al Mabrur. In the court’s decision, the court granted the suit in its entirety, stating that by law, the defendant’s act of achievement was breaking the promise to the plaintiff
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