Abstract
Based on the Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning the Religious Courts, it shows that the Religious Courts in Indonesia have the authority to resolve sharia economic disputes. Therefore, Religious Court Judges must continue to improve their capabilities in this field because in the midst of the Covid 19 disaster that also hit Indonesia, creditors often argue that a force majeure / overmacht has occurred so that it allows for a spike in disputes in the economic and business world, including Islamic banking. Although basically this situation is not an overmacht , it is a difficult situation / masyaqqah. On the other hand, finally the POJK regulation Number 11 / POJK.03 / 2020 concerning National Economic Stimulus as a Policy on the Countercyclical Impact of the Spread of Corona Virus Disease 2019, by providing the policies in the form of restructuring, credit relief, or new funding for debtors who are indeed affected by Covid 19, has led to multiple interpretations among creditors. Even though the losses caused by Covid 19 can be guaranteed by the government. As in Permenkeu number 71 / PMK.08 / 2020 concerning Government Guarantee Procedures through Guarantee Business Entities Designated in the Context of Implementing the National Economic Recovery Program, however, if a dispute occurs in litigation, the judge must be careful in making decisions. Keywords: Role of Religious Court, the dispute Islamic banks, pandemic covid 19 DOI: 10.7176/JLPG/102-04 Publication date: October 31 st 2020
Highlights
Religious Courts in Indonesia are part of the four pillars of justice under the Indonesian Supreme Court besides the General Courts, State Administrative Courts and Military Courts
Sharia economic dispute resolution is the authority of the Religious Courts since the enactment of Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning the Religious Courts, Judges in the Religious Courts must continue to increase their capacity both personally and institutionally
In the midst of the COVID 19 disaster that has hit all over Indonesia, it is possible for a spike in disputes to occur in the economic and business world between banks, especially Islamic banking and their customers
Summary
Religious Courts in Indonesia are part of the four pillars of justice under the Indonesian Supreme Court besides the General Courts, State Administrative Courts and Military Courts. It can be concluded that the Religious Court is one of the legal Indonesian state courts, which is a special court, which is authorized in certain types of Islamic cases as referred to Law Number 50 of 2009 concerning the Second Amendment to Law Number 7 of 1989 concerning Judiciary Religion, for Muslims in Indonesia.. The Religious Courts have a strategic role in resolving issues of sharia economic disputes in order to create legal certainty, and in efforts to ensure the safety of court officials and the safety of the people as the highest law of a country (Salus populi suprema lex esto) from the Covid 19 virus outbreak that is increasingly widespread throughoutarchipelago region
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