Settlement of Syariah Economic Dispute through the Special Court of Syariah Economic in the Religious Courts

Abstract

<strong>                                                                         ABSTRACT</strong><p>Since the growth of syariah banking in Indonesia, law constraints have been faced, Law Number 7 of 1992 concerning Banking changed into Law Number 10 Of 1998. Law Number 21 of 2008 on syariah Banking, Law Number 3 of 2006 has no effect on the method of dispute resolution of syariah economy. Decision of the Constitutional Court No. 93 / PUU-X / 2012 which strengthens the Religious Courts in accepting, examining, deciding syariah economic cases, but the practice there is still a syariah economic dispute resolution submitted to the District Court. Like the lawsuit to BPSK, against the decision of BPSK, its law remedy to the District Court, another example of using the District Court to resolve the syariah dispute is a matter between CV. Makmur Rezeki with PT. Bank Syariah Mandiri Branch Office Medan Ringroad. This creates a prolonged law uncertainty. This study examines the establishment of a special syariah economic court within the Religious Courts as an institution that can solve the law uncertainty. This study focuses on: First, the importance of the establishment of special courts within the Religious Courts in the settlement of syariah economic disputes; Secondly, the law construction of the establishment of a special syariah economic court within the Religious Courts. This research is a normative-empirical law research, the primary and secondary data sources Obtained from library research and field analyzed by using qualitative method. Qualitative analysis is done by taking into account the facts that exist in the field and combined with secondary data obtained from literature materials. The results of the study show that, Firstly, Decision of the Constitutional Court Number 93 / PUU-X / 2012 which strengthens Religious Courts as the institution authorized to receive, examine, decide the case of syariah economy. In fact, the resolution of the syariah economic dispute still exists in the District Court. The occurrence of dualism of dispute resolution of syariah economy was caused by the unharmonious of legislation and factor of Choice of Forum and factor of judge who should not refuse the case; Secondly, the existence of special court in solving of syariah economic dispute in the environment of Religious Court was supported by law construction namely Basic Law of 1945 and Law Number 48 of 2009 regarding Judicial Power, and position within the Religious Courts under the Supreme Court of the Republic of Indonesia in accordance with Law Number 3 of 2006 concerning Amendment to Law Number 7 of 1989 concerning Religious Courts and Law Number 50 of 2009 on the Second Amendment to Law Number 7 of 1989 on Religious Courts.</p><p><strong>Keywords: Establishment, Special Court, Syariah Economic Dispute</strong></p>