Economic Disputes Research Articles

Analisis Hukum terhadap Putusan tentang Perkara Wanprestasi dalam Sengketa Ekonomi Syariah

Settlement of Sharia economic disputes, Sharia banking, and default in the field of Sharia is the absolute authority of the Religious Courts, as explained in Article 49 of Law No. 30 of 2006 on Amendments to Law No. 7 of 1989 on Religious Courts. In resolving disputes, the panel of judges must apply a clear legal basis and use legal reasoning when considering the case to be decided. The case that the authors of this study started with the existence of a Sharia economic case, namely default in a default case between PT Bank Muamalat Indonesia, TBK as the plaintiff with PT Hasta Mulya Putra as the defendant. This problem arises because PT Hasta Mulya Putra has committed a breach of promise in fulfilling its obligation to transfer the name of the financing object. The purpose of this study is to find out and explain the analysis of considerations by judges in deciding cases, as well as to explain related to the judge's consideration process in deciding cases No. 129/Pdt.G/2023/PA.Mn. The type of research conducted is field research using a qualitative approach and empirical legal research. Meanwhile, the data collection technique carried out by the author uses interviews. The analysisused used an inductive method. From this study, it can be concluded that before deciding that someone is in default, the judge looks at the fact. Things that can strengthen the judge's belief in deciding a case that someone has committed an act of default or breach of promise is that the person has neglected his obligations or has not paid off the principal of the financing, the proof can be seen from the evidence in the form of letters submitted by the plaintiff, all of which have been acknowledged or confirmed by the defendant, so there is no need to prove it. The role of legal reasoning is to help judges reach a conclusion that must be rational and supported by rational premises to avoid misleading errors.

On the Expediency of Establishing Authorities for Solving Intradepartmental Economic Disputes: The Problem Setting Approach

On the Expediency of Establishing Authorities for Solving Intradepartmental Economic Disputes: The Problem Setting Approach

Dispute Resolution in Sharia Banking: Challenges and Judicial Reform for Enhanced Legal Certainty

Sharia banking, a growing sector within Indonesia's civil law system, operates under Islamic legal principles while serving diverse clients, both Muslim and non-Muslim. This research explores the challenges in resolving disputes within Sharia banking, emphasizing the need for judicial integration. The study utilizes both a legislative and conceptual approach, examining relevant laws and regulations, while developing a comprehensive framework for judicial reform. Results indicate that despite the Religious Courts' authority over Sharia economic disputes, jurisdictional ambiguity persists, often leading to confusion. Additionally, the study highlights the importance of alternative dispute resolution (ADR), such as mediation and arbitration, which aligns with Sharia principles and offers a faster, cost-effective means of resolving disputes. The findings suggest that a unified judicial system, with the Religious Courts as the sole authority in Sharia economic disputes, coupled with strengthened ADR mechanisms, would promote legal certainty and support the sustainable development of Indonesia's Sharia banking sector. Implications include recommendations for enhancing regulatory frameworks, improving judicial competence, and fostering collaboration between regulatory authorities, industry stakeholders, and the judiciary to ensure fair and efficient dispute resolution

The Influence of Cognitive Distortions on the Administration of Justice in Civil and Economic Cases

Subjects of evidentiary activity when assessing evidence in civil and economic disputes, like any person, are faced with certain biases (distortions). One of these biases is cognitive distortions. Purpose of the work: based on the analysis of doctrinal sources in the field of psychology and law, to identify what distortions the subjects of procedural relations encounter and how they influence the legal decision made. Brief conclusions. The author identified the following ten cognitive distortions that influence the decisions made by participants in the process: “confirmation bias”, “extreme decision aversion”, “black and white thinking”, “projective distortion”, “framing”, “priming effect”, “anchor heuristic”, “planning fallacy”, “availability heuristic”, “hindsight”. Accordingly, when assessing evidence and exercising procedural rights, you should analyze your actions and the activities of other entities for the impact of the indicated distortions on them. This will lead to improvement of the procedure for adopting a legal and justified judicial act.

Analysis of the Causes and Countermeasures of the Phenomenon of “Unfinished Buildings”

Real estate is very important to the Chinese economy and has driven its rapid development in the past few decades. However, China’s real estate market has experienced fluctuations in recent years, causing numerous attentions from all over the word. With the continuous advancement of the real estate market, the problem of unfinished buildings is also a major hidden danger. The appearance of unfinished buildings not only brings great economic losses to the citizens but also brings huge negative effects to society. This study analyzes the causes of the unfinished buildings from various aspects, such as capital chain break, real estate project engineering problems, real estate lack of self-control, and economic disputes, and puts forward a series of preventive measures according to the causes, finally removing this hidden danger at the root. In order to maintain the balance of the real estate market and protect the good image of the city, new suggestions are provided.

Role of Court in Formation Evidential Matter in Economic Disputes in Russia and England as an Actual Problem in International Private Law

Introduction. The article unravels the role of court in formation evidential matter in economic disputes in Russia and England. It studies the distinctive features of formation evidential matter in economic disputes in Russia and England, addresses the role of court in the court’s formation of information on facts and (or) digital footprints of facts through providing instructions for formation evidential matter based on the example of electronic documents, evidence of witnesses, and expert evidence in Russia and England.Materials and methods. In the course of writing the work, a set of general scientific, formal-logical methods (including methods of analysis, synthesis, induction, deduction, systematization) and special methods (formal-legal, historical, comparative-legal, structural-legal methods, etc.) were used.Research results. The author demonstrates that fact finding of objective truth in economic disputes can be carried out by the court when the following condition are fulfilled: evidentiary materials are formed in the course to the directions of the court. In economic disputes in Russia and England, the court formation evidential matter both for the case as a whole and to provide for expertise.Discussion and conclusion. A conclusion on the similar role of court in formation evidential matter in economic disputes in Russia and England is made. The article formulates suggestions on the improvement of the Arbitration Procedural Code of the Russian Federation.

Analysis of the Current Situation of Cost Management and Control of Highway Construction Projects

The highway engineering process is complex, coupled with a relatively long construction period, hence requires increased coordination between participating units to prevent economic disputes and efficiency losses. The main body of the construction project needs to strengthen the management and control of funds. In this regard, this paper analyzes the importance of cost management in highway projects by clarifying and analyzing the current cost management status quo problems and causes. The highway engineering cost control strategy and implementation methods are summarized to provide references for improving the quality of highway engineering.

Choice of Islamic Law in Settlement of International Economic Disputes

Choice of Islamic Law in Settlement of International Economic Disputes

The Contestation of Legal Foundations in the Resolution of Islamic Economic Disputes in Religious Courts

Prior to the issuance of Supreme Court Regulation No. 2 of 2008, judges in Sharia economic dispute cases primarily relied on legal sources from kutub al-turāṡ (classical fiqh texts), including those pertaining to fiqh al-qadā’ (jurisprudence on adjudication). However, following the implementation of this regulation, some judges have continued to incorporate the Civil Code in their legal reasoning. This article seeks to examine the legal framework for resolving Sharia economic disputes in Indonesia. The theoretical foundation applied by the author is Lawrence Meir Friedman’s legal system theory. This study employs a normative legal approach to explore the legal system governing Sharia economic justice in Indonesia’s Religious Courts. It examines decisions from the Religious Courts in Purbalingga, Banyumas, and Purwokerto, focusing on rulings made both before and after the issuance of the Supreme Court Regulation on the Compilation of Sharia Economic Law (KHES), as well as five decisions from 2018-2019. The study’s findings reveal that the legal framework for Sharia economic dispute resolution in Indonesia has adequately addressed community needs, with the Religious Courts holding exclusive jurisdiction over these matters. However, there is an ongoing contestation between Islamic legal sources and civil law, which is rooted in Dutch law, in the decisions analyzed. Moreover, the absence of a Compilation of Islamic Economic Procedure Law based on Islamic Law has contributed to the suboptimal implementation of legal substance and culture. As a result, according to Friedman’s legal system theory, the legal framework for resolving Islamic economic disputes has not yet functioned effectively from the perspective of Islamic law.

Analisis Putusan Sengketa Ekonomi Syariah Pengadilan Pasaman Barat Tentang Putusan Arbitrase Bpsk Nomor 1409/ARB/BPSK-BB/IX/2016

The great interest of the public today regarding Islamic economics, in line with the increasingly massive number of people who become customers in all Islamic Banks, which is likely to have an impact on the emergence of disputes. As an example at this time is the matter of sharia economic disputes, initially a consumer protection complaint was made through BPSK Batu Bara Regency, which then the BPSK Decision was made a Legal Objection to the West Pasaman District Court with Decision Number 55/Pdt.Sus-BPSK/2016/PN.Psb by Bank Syariah Mandiri Pasaman Barat, and was appealed to the Supreme Court of the Republic of Indonesia with Decision Number 622 K/Pdt.Sus-BPSK/2017. The purpose of this study is to determine the extent to which the law enforcement of dispute resolution is in accordance with the provisions and its application seen from the contents of the decision number Case Number 622 K/Pdt.Sus-BPSK/2017; and Decision Number 55/Pdt.Sus-BPSK/2016/PN Psb. While the location of the Dispute is in West Pasaman, West Sumetara. The result of this research is that it turns out that there is still a limited understanding of the actors of Islamic banking business activities who do not fully understand the regulations.

Sharia Economic Dispute Resolution: Case Study in the Religious Court of JAKPUS Related to Murabahah

This research aims to analyze the resolution of sharia economic disputes in case studies at the Central Jakarta Religious Court regarding Mudharabah. The method used is descriptive qualitative by studying related sources. The results of this research are that resolving sharia economic disputes related to murabahah in the Religious Courts requires a careful approach. The results of this research are that sharia economic dispute resolution provides better legal protection for the parties, and strengthens public trust in the sharia economic justice system. It is proven that the public prefers the Religious Courts which have executorial rights compared to the National Sharia Arbitration Board (BASYARNAS)

Changes to Art. 52 of the Arbitration Procedure Code of the Russian Federation — a Step towards Further Expanding the Powers of the Prosecutor in the Arbitration Process?

In the context of the sanctions policy of Western countries and the difficult path of development of the domestic economy emerging in this regard, the author emphasizes the special role of the prosecutor’s office in strengthening the rule of law and protecting the rights and interests of subjects of legal relations. The main attention is paid to the issues of the limits of the prosecutor’s participation in the arbitration process, as well as to the analysis and assessment of changes made to the legislation starting from 2021, expanding the powers of the supervisory agency when considering economic disputes, which is the scientific novelty of the study. The author has made a brief overview of cases considered by arbitration courts with the participation of the prosecutor, taking into account the new powers granted to him by the legislator. The lack of regulation of the procedural participation of the prosecutor in the arbitration court has been a subject for study for the second decade, taking into account which the author concluded that there is an objective need to further increase the powers of the prosecutor in the arbitration process given the current state of the Russian economy, its scaling and complexity.

Analysis of Islamic Law on Sharia Economic Disputes (Studies UU No.3/2006 and UU No.50/2009)

The emergence of sharia economic disputes cannot be separated from differences in interpretation of the sharia understanding of contractual transactions. Default arises because there is a breach of agreement between the two parties so that they cannot find a solution. Islamic law exists to provide solutions to economic problems that occur, either through courts or without courts. The birth of Law no. 3 of 2006 wants to emphasize the function of religious courts in sharia economic disputes without conflicting with Law no. 50 of 2009 concerning disputes faced by not a Muslim. Sharia economic disputes faced so far can be returned to applicable Islamic law.

Journal Implications for the Decision of Sharia Economic Case Number 5K/Ag/2023

Islamic economics is experiencing a rapid expansion, which may lead to inevitable conflicts. In Indonesia, the religious court is the authorized legal institution designated to resolve financial disputes related to Sharia law. Religious courts are authorized to settle financial disputes related to sharia in accordance with Law No. 7 of 1989 regarding Religious Courts and Law No. 3 as of 2006. The aim of this study is to gain a deeper understanding of the resolution of default disputes through the Supreme Court's decision titled "Implications for Arguments and Considerations in the Decision on Sharia Economic Disputes Number 5K/Ag/2023". A descriptive qualitative method was employed to conduct this research. This methodology focuses on collecting data and conducting in-depth analyses to comprehend the studied phenomenon. The findings of this study indicate that the decision of the judex facti/mahkamah sha'riyah Aceh is in accordance with the law, and therefore the cassation petition filed by the appellant must be denied. Objective analysis shows that the case was handled lawfully, without any violation of legal regulations or principles.Keywords: Sharia Economic Law, Religious Courts, Case Law

Analysis of the Effectiveness of Dispute Resolution Mechanisms: A Case Study of PT. Bank Muamalat Indoneisa and PT. General Takaful Economy

This paper explains how arbitration functions in the Indonesian legal system. The purpose of this study is to determine whether there is a legal remedy that can be made by law to reach a final decision based on the principle of final and binding. This study aims to study the way sharia arbitration bodies handle economic disputes. The research method used is juridical-normative, using descriptive qualitative analysis. The results showed that, as an extra-judicial institution governed by international law that has been ratified by the Indonesian government, arbitration helps complement the Indonesian judicial system. And the absence of a legal remedy for a final award in accordance with the principles of final and binding And the absence of legal remedies for a final decision in accordance with the principle of finality and binding is one of the advantages of settlement through arbitration compared to the court, In conclusion arbitration is more effective in resolving sharia insurance disputes based on the principle of simple, fast, and cheap justice according to the mandate of the Law.

Application of measures of procedural coercion in the economic process: certain aspects

The article is devoted to the study of certain aspects of the application of measures of procedural coercion in the economic process. In particular, the study of the effectiveness of the application of certain measures of procedural coercion in the economic process. This topic was chosen for research in view of the illegal behavior of participants in the economic process, which, according to the analysis of court practice, has recently become a mass phenomenon and has diversified into various types. The state of war in Ukraine also affected both the process of consideration of economic disputes and the behavior of the participants in the economic process, in particular of a negative nature, such as failure to appear at a court session without a valid reason, which prolongs the time frame for consideration of the case. For this purpose, it was established that in accordance with Part 3 of Article 42 of the Economic Procedural Code of Ukraine (hereinafter referred to as the Code of Economic Procedure of Ukraine), in the event that a party to the case fails to fulfill its obligations, the court shall apply procedural coercion measures to such a party to the case provided for by the Code of Criminal Procedure [1]. Pursuant to part 1 of Article 132 of the Criminal Procedure Code, measures of procedural coercion are: 1) warning; 2) removal from the courtroom; 3) temporary seizure of evidence for investigation by the court; 4) fine. At the same time, the application of procedural coercion measures to a person does not exempt him from fulfilling his duties. It was determined that in accordance with Part 2 of Article 131 of the Criminal Procedure Code, procedural coercion measures are applied by the court by issuing a resolution. At the same time, paragraph 16 of part 1 of article 255 of the Criminal Procedure Code establishes that decisions of the court of first instance on the collection of a fine in the procedure of procedural coercion may be challenged in the appeal procedure [1]. Also, the court itself can cancel the decision on the collection of a fine issued by it in accordance with the sixth part of Article 135 of the Criminal Procedure Code, if the person in respect of whom it was issued corrected the committed violation and (or) provided evidence of the validity of the reasons for not fulfilling the relevant requirements of the court or his procedural duties. Based on the results of the analysis of the norms of economic procedural legislation and court practice, the need to make changes to the norms defining the procedure for applying measures of procedural coercion in the economic process is substantiated.

DINAMIKA KOMPETENSI PERADILAN AGAMA DALAM MENGATASI SENGKETA EKONOMI SYARIAH

Sharia Court is a legal venue to seek justice or settle civil disputes based on Islamic law, where it adjudicates, examines, and resolves civil cases at the first instance involving Muslim individuals, according to regulations derived from Sharia. According to Law No. 3 of 2006, Sharia Courts are authorized to adjudicate and resolve disputes related to Sharia economics, encompassing all business activities conducted in accordance with Sharia principles. The research methodology employed in this article is Normative legal research. The objective of this study is to analyze the general overview of Sharia economic disputes in Sharia Courts and to assess the capacity of Sharia Court judges in resolving Sharia economic cases. The findings of this research article indicate that Sharia economic disputes through litigation can be settled in Sharia Courts, thus requiring Sharia Court judges to comprehend and deepen their understanding of Sharia economics matters within their jurisdiction.

Analisis Undang-Undang Nomor 50 Tahun 2009 Tentang Pengadilan Agama dalam Penyelesaian Sengketa Ekonomi Syariah dan Relevansinya terhadap Tujuan Hukum Islam (Maqasid Assyari’ah)

This article analyzes Law Number 50 of 2009 concerning Religious Courts in the context of resolving sharia economic disputes and its relevance to the objectives of Islamic law (maqasid al-shari'ah). The main focus of this study is to evaluate the effectiveness of the Law in resolving disputes related to sharia economics and how the implementation of the law is in line with the principles of maqasid al-shari'ah, namely the protection of religion, soul, mind, descendants, and property. Through an analytical approach, this article discusses various aspects of Law Number 50 of 2009, including the structure, competence, and dispute resolution mechanisms regulated in the law. In addition, this article also examines the extent to which the implementation of the Law supports the achievement of maqasid al-shari'ah in the context of sharia economics, as well as the challenges and opportunities faced in the process. This study uses qualitative methods with document analysis and interviews as tools to obtain relevant data. The findings of this study are expected to provide insight into the suitability between laws and regulations and the principles of Islamic law as well as the contribution of religious courts in resolving sharia economic disputes.

Sharia Economic Dispute Resolution Model According to Qanun No. 11 of 2018 concerning Sharia Financial Institutions

When many business entity activities start to appear that use the sharia label, the resolution must be carried out by institutions that truly understand sharia economics. So, creating economic products that have the term sharia attached to them is not easy and requires various kinds of adjustments, such as; applicable laws and regulations, contemporary economic developments in global society which tend to be value-free, varied transaction models, and so on. All of this must be able to be adjusted to sharia principles. The problem formulation in this research is: What is the Sharia Economic Dispute Resolution Model seen from Qanun No. 11 of 2018 concerning Sharia Financial Institutions? The type of research used is library research, namely by studying and examining sources. written text that is relevant to the discussion material. The results of this research are a model for Sharia Economic Dispute Resolution after the implementation of Qanun No. 11 of 2018 concerning Sharia Financial Institutions, a model for resolving disputes through non-litigation (outside of court), namely a model for resolving disputes that is carried out using methods that exist outside of court. usually called an alternative dispute resolution institution.

Normative Justice and Implementation Related to Sharia Economic Law Disputes in Realizing Legal Certainty and Justice in Indonesia

Academic problems stem from the results of sharia economic dispute decisions issued by the Surabaya High Religious Court (PTA) which do not fulfill the elements of certainty and justice, both at the normative (book in law) and implementation (law in action) legal levels. The losing parties can only file objections for simple cases and submit an appeal. So this is contrary to the principle of contante justice (speedy trial) in court. So the aim of this research is to analyze this. The method used in this research is normative juridical. The theories used in this research include the theory of legal certainty and justice, sulh theory, and the theory of judicial power. The research results prove that in order for the Surabaya High Religious Court (PTA) to be able to apply the principle of contante justitie (speedy trial) effectively, especially in deciding cases of sharia economic disputes, judges at the Surabaya PTA must be based on the basic principles of Islamic sharia, namely maqasid al-syariah In deciding the case, it includes: 1) not making things difficult ('adam al-haraj), 2) not reducing the burden (taqlil al-taklif), 3) Equality and Justice (al-Musawah wa al-Adalah).