Economic Disputes Research Articles

The Perceptions and Tendencies of Judges Religious Court In Using the Kitab Kuning (Books of Fiqh) in Indonesia

This research investigates the judges’ perception and tendency to refer to the Books of Fiqh (Kitab Kuning). This research focuses on sharia economic dispute settlement in Indonesian religious courts. The research method used combines normative legal and empirical socio-legal research. The results found that the perception and tendency of judges towards several sources of legal rules in assessing, weighing, and deciding a sharia economic case in the Indonesian Religious Courts, did not always rely on one KHES as a material source. In Indonesian law, judges cannot use only one source in resolving sharia economic disputes, such as the Book of Fiqh (Kitab Kuning) only. However, it is an equally important combination, and it can be seen from several decisions of the Religious Courts in Indonesia.

NIZOLARNI MUQOBIL TARTIBDA HAL QILISHDA HAKAMLIK SUDLARI VA ULARNING TURLARI

In the conditions of modernization and reform of our country, the ongoing reforms in the law enforcement and judicial spheres are aimed primarily at the comprehensive protection of human rights, freedoms, and legitimate interests. Over the past period, large-scale organizational and legal measures have been taken to gradually strengthen the judicial system, ensure its independence, and reliably protect the rights and freedoms of man and citizen. It should be noted that today, in addition to competent courts, arbitration courts face various problems when considering several cases of civil and economic disputes in the manner of alternative dispute resolution. This article discusses the issue of arbitration courts and their types with an analysis of foreign experience. In the course of studying the normative legal acts of foreign countries on the types, characteristics, significance, and requirements for an arbitration court, the role of a national arbitration court was discussed. This article discusses the issue of arbitration courts and their types in alternative dispute resolution, and also develops proposals and recommendations for our national legislation.

Sharia Economic Dispute Settlement Between Religious Courts And Basyarnas

This study aims to examine the settlement of sharia economic disputes that arise in the event of a dispute between the two parties. This study will answer the formulation of the problem, namely: Why can the settlement of sharia economic disputes be resolved through the Basyarnas and the Religious Courts? the impact of resolving sharia economic disputes through Basyarnas and the Religious Courts; Basyarnas status after the enactment of Law Number 50 of 2009 concerning the Second Amendment to Law Number 7 of 1989. In this study, the authors used literature research, then analyzed it using content analysis methods related to the problems studied. The research method used is a normative juridical research method. The results of this study state that the birth of Law Number 03 of 2006 which has been updated with Law Number 50 of 2009 has brought major changes to the existence of the current Religious Courts, one of the fundamental changes is that the Religious Courts have the authority to examine, hear, and resolve sharia economic disputes through litigation. The settlement of sharia economic disputes as regulated in Law Number 30 of 1999 has been carried out by Basyarnas and is still used as a non-litigation institution authorized to resolve disputes.

Analisis Terhadap Putusan Perkara Sengketa Ekonomi Syariah No: 599/Pdt.G/2018/PA.Gtlo yang Diperiksa dan Diadili di Tiga Tingkatan Peradilan

<p>This study aims to analyze the decision of the sharia economic dispute case that was submitted through a lawsuit at the Gorontalo Religious Court, then continued with the next legal effort, namely an appeal at the Religious High Court to the Supreme Court Cassation level. The results of the study indicate that the claimant and the parties referred to in the lawsuit have both made mistakes in the murabahah contract that has been agreed upon, and in terms of the judges' considerations at each level, it shows that the councils of the Religious Courts and the High Religious Courts passed things that should have been examined. namely the condition of negligence of obligations carried out by the plaintiff. The considerations conveyed by the assembly can certainly miss the sharia economic principle, namely the Taawun concept because the plaintiff's condition is sick and the plaintiff can prove it. As an institution that provides financing (creditors), it is certainly not possible to issue a warning letter if the debtor does not have any errors. So the result is that it can be separated between the state of overmatch and negligence of obligations.</p>

Kewenangan Penyelesaian Sengketa Ekonomi Syariah Pasca Uu No. 3 Tahun 2006 Tentang Peradilan Agama

This study aims to describe the issuance of Law Number 3 of 2006 concerning the Religious Courts which has increased the authority of the Religious Courts. The mandate of the law instructs religious courts to not only accept, examine, decide, and adjudicate marriage and inheritance cases, but also have the authority to resolve sharia economic disputes. This research uses a normative juridical research method. Normative juridical research is research that examines various laws and regulations that apply or are applied to a particular legal problem. Normative juridical law research is often referred to as doctrinal law research. From the results of this study, it is explained in the explanation of article 49 letter (i) of Law Number 3 of 2006 concerning Religious Courts. This indicates that apart from the religious judiciary, it is not allowed to accept, examine, decide, and adjudicate sharia economic cases. The absolute authority of the religious court has been patented by the decision of the Constitutional Court no. 93/PUU-X/2012 which stipulates that sharia economic disputes are the absolute authority of the religious courts. The Constitutional Court's decision at the same time eliminates dualism in the judicial environment to resolve sharia economic dispute cases.
 
 Keywords: Sharia Economic Disputes, Religious Courts, Authority

Tahkim dalam Standar Syariah dan Urgensinya terhadap Penyelesaian Sengketa Ekonomi Syariah di Indonesia

The practice of sharia economics is growing and diverse, which has resulted in the emergence of various sharia economic disputes. This requires the development of alternative dispute resolutions, as has been done by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) by presenting Sharia Standards that specifically discuss tahkim. This paper aims to explain the provisions of tahkim in the Sharia Standards of AAOIFI and the urgency of resolving sharia economic disputes. Using the content analysis method by collecting various relevant references, this study found that various provisions must be met when carrying out a tahkim contract in the settlement of sharia economic disputes, including those relating to the pillars and requirements of tahkim, the object that is the authority of the tahkim contract, provisions for the appointment of judges, and the power of judges' decisions. The application of the tahkim contract in the settlement of sharia economic law disputes has several advantages, namely that it is fast, cheap, efficient, energy and thought-efficient, fair, and fulfills the benefits of the disputing parties, so the development and application of tahkim as an alternative economic dispute resolution is very important.

International Civil Dispute Resolution Mechanism in East Asia：The Combination of 999Arbitration with Mediation

With the acceleration of international economic globalization, international civil disputes are becoming more complicated. We are facing an urgent issue in which international civil disputes should be resolved quickly and safely with a low cost. East Asia has a promoting position in international economic disputes so the same issue also exists among East Asia regions. In recent years, the combination of arbitration with mediation is well practiced in Chinese arbitration procedure. This mechanism has attracted attention of the whole world. This article investigates on the dispute resolution, which is the combination of arbitration with mediation program in east Asia. The artilce also explores the possibility of the combination of arbitration with mediation program in solving disputes in East Asia and the world through perspectives of regional dispute resolution culture and party autonomy.

Dispute Resolution on Muḍārabah Musytarakah Contract on Sharia Insurance in Indonesia: Between Regulation and Practice

This paper discussed on how to resolve disputes over the muḍārabah musytarakah contract in sharia insurance by looking at the applicable sharia insurance dispute settlement regulations and sharia insurance policies. This research was normative legal research using the documentation method. The results showed that in various regulations and policies regarding sharia insurance, there are various alternatives (choice of forum) in dispute resolution, including in the muḍārabah musytarakah contract. In general, sharia economic dispute resolution can be done in two ways, namely litigation and non-litigation. Litigation dispute resolution was guided by the mandate of Law Number 3 of 2006 on Religious Courts. Several alternative non-litigation dispute resolutions are mentioned in various regulations, including: by deliberation and consensus; through mediation institutions that are independent and impartial; through an association by the business activities of a sharia insurance company; or the Shari'ah Arbitration Board. Then, in the sharia insurance general policy, there are also various alternative dispute resolutions, including amicably reaching a mutual agreement. But if it is not successful, then the dispute resolution will be carried out through the Indonesian Insurance Mediation Board (BMAI); through the Sharia Arbitration Board; Religious Courts/District Courts in the policy area are issued, or the participant chooses one of the dispute resolution options and is obliged to notify the company.

The embodiment of Islamic personality principles in sharia economic dispute resolution in Indonesia

This study aims to determine the manifestation of the Islamic Personality Principle in the settlement of Islamic Economic disputes in Indonesia, both litigation and non-litigation. This research is normative legal research using a historical approach and legislation related to the embodiment of Islamic Personality Principles in sharia economic disputes. Based on the results of the study, it is known that the manifestation of the Islamic Personality Principle in the settlement of Sharia Economic disputes is seen in proceedings in the religious courts, in which the judges who resolve the cases are Muslims and the procedural law used is based on the Al-Quran and Hadith. Whereas in the settlement of sharia economic disputes with non-litigation mechanisms such as in Basyarnas, the manifestation of the Islamic Personality Principle is seen in the selection of arbitrators, that the arbitrators at Basyarnas are Muslims and the legal basis used in resolving sharia economic disputes is the Al-Quran and Hadith.

Small Claim Court in Sharia Economic Dispute Settlement: Overview of Sharia Economic Principles

The Supreme Court as the highest judicial body has issued special regulations related to sharia economic disputes settlement. This study aimed at, first, analyzing the implementation of sharia economic disputes based on small claim court in terms of sharia economic principles; second, discovering the relevance of small claim court in sharia economic disputes settlement with Islamic judicial system. This study used normative juridical approach, with library study as data collection technique, and descriptive method. The results show that, first, the implementation of small claim court in sharia economic dispute settlement in Religious Courts still has a contrary process to sharia economic principles, namely the principle of justice and the principle of responsibility; second, there is relevance between the concept of small claim court in sharia economic dispute settlement and the jurisdiction of Islamic judicial system from the aspect of authority, nominal number of cases, and philosophical legal formation.

Application of Ultraviolet Spectrum Analysis in Handwriting Test of Carbon – Free Carbon – Copy Documents

Carbon-free carbon paper, also known as pressure-sensitive paper, is a kind of office automation, industrial information paper, widely used in all walks of life in the office affairs of forms, invoices, bills, labels, credit CARDS, as well as the display of instruments and meter recording media. Carbonless carbon copy paper is a frequent physical evidence at crime scenes, especially in cases involving economic disputes, carbonless carbon paper may be the direct and important physical evidence in case detection, so the analysis and examination of carbonless carbon paper material evidence plays an important role in serial cases and case detection. The purpose of this paper is to study the application ability of ultraviolet spectroscopy in the handwriting test of carbonless copied documents. In this experiment, infrared spectrum analysis, ultraviolet spectrum analysis, and first-order derivative spectrum analysis were used in the scope of the experiment to test the handwriting of carbon-free carbon copy documents. Firstly, mathematical statistics were used to analyze the composition and content of invisible ink in the carbon-free carbon copy paper of express delivery companies. Then the data statistical method was used to classify and analyze the adhesive content and composition of each paper company. And the advantages and disadvantages of using single variable method to compare UV spectral analysis and first derivative spectral analysis. Experimental data show that Shentong express and EMS are likely to use the same brand of the same type of processing in the factory without carbon carbon paper; according to the composition of the adhesive, we can analyze the different characters of carbon-free copies. That belongs to enjoy the company of no carbon carbon content I class, while the red and no carbon carbon composition of Jin Yi company belongs to II class category, peak company belongs to III class. Experimental data show that according to the combination of adhesive components, different carbon-free carbon copies can be analyzed. That belongs to enjoy the company of no carbon carbon content I class, while the red and no carbon carbon composition of Jin Yi company belongs to II class category, peak company belongs to III class. The experimental data show that the method of ultraviolet spectrum analysis established in this paper can be used to test the carbon-free carbon carbon copy added or altered in suspicious documents, and improve the accuracy of 34.45% for the color trace analysis of carbon-free carbon paper.

Factors Affecting Divorce During The Covid-19 Pandemic Period in Bukittinggi

This study aims to describe and conclude the factors causing the divorce of married couples in Bukittinggi City. This type of research is qualitative research. The research location was the Bukittinggi Religious Court Office and the research subjects were individuals who experienced divorce during the pandemic and handled a divorce at the Bukittinggi Religious Court Office. The results of this research show that the causes of divorces in the City of Bukittinggi are caused by internal and external factors. From the results of interviews with research subjects, internal factors, such as economic problems, domestic violence and continuous disputes and arguments. Meanwhile, the external factor is infidelity. Of the four factors obtained by researchers through interviews with subjects, infidelity and disputes and arguments are the factors that most often cause couples to decide to divorce, followed by economic factors, and the last one is domestic violence.

Prioritizing domestic demand: from idea to effects

Under sanctions, at the state level (in particular via the Russian antimonopoly authority) the idea of the need to prioritize supply to the domestic market is being promoted as an imperative for Russian manufacturers. The reverse side of the prioritization of the domestic market is the refusal to link prices under domestic contracts to foreign price indicators and exchange rates. The requirement to prioritize the internal market is as simple and obvious in concept as it is difficult to administer. We assess the design of the norm and possible scenarios for its application in terms of effects both for Russian business entities and for public welfare in general. We propose options for fine-tuning in terms of the application of this norm. We show that the preferred methods for analyzing the satisfaction of domestic demand are economic and statistical methods, as opposed to survey methods, which are associated with high risks of strategic behavior on the part of consumers. Additionally, we outline the main risks associated with the administration of the priority of meeting domestic demand through antimonopoly regulation. Among these risks, the most important are the risk of involvement of the antimonopoly authority in the resolution of economic disputes (which contradicts not only the essence of antimonopoly policy, but also the existing regulatory documents), as well as the risk of side effects that cannot be systematically taken into account and adjusted for in conditions where the prioritization domestic demand is provided not by methods of economic regulation, but by antitrust measures.

ПРОБЛЕМНІ АСПЕКТИ ДОСУДОВОГО ВРЕГУЛЮВАННЯ ГОСПОДАРСЬКИХ СПОРІВ

The article is devoted to the main problems of such an important institution of law as pre-trial settlement of commercial disputes. The paper considers public relations in the field of pre-trial settlement of legal disputes related to he implementation of business and other economic activities, in their relationship with the mechanism of consideration and resolution of cases in commercial courts. The authors investigate the legal nature and essence of pre-trial settlement of commercial disputes; its types are analyzed; the main approaches to the similar settlement of economic disputes in developed countries are identified. The study draws attention to the fact that today the main type of pre-trial settlement of commercial disputes in the legal field of Ukraine is claims proceedings, its mechanism is described. Considering the prospects for the development of other pre-trial instruments for resolving commercial disputes in Ukraine, in addition to litigation, which are actively used abroad, it should be noted that disagreements between the parties can be resolved peacefully. Mediation has been shown to be an alternative to litigation. Mediation (mediation) is an independent type (method) of alternative dispute resolution. Mediation - negotiations of the parties with the participation of a mediator in order to resolve the dispute (disputes) of the parties by developing a mutually agreed agreement. Mediation can be seen as a means of simplifying and improving access not only to justice but also to justice in general. It is proposed to expand the scope of pre-trial dispute resolution and its types, which, according to the authors, will identify the real causes of disputes between the parties to the conflict. It is substantiated that today the institution of pre-trial settlement of legal disputes - a complex intersectoral legal phenomenon is an independent legitimate form of protection of rights and legitimate interests of legal entities, aimed at resolving private and, in cases expressly provided by law, public conflicts.

Основные направления и принципы применения технологий 4.0 внешнеторговыми компаниями юрисдикций ЕАЭС и БРИКС

Introduction: the paper reveals a scientific and methodological approach to determining the main (priority) directions of development and the principles of application of digital technologies of Industry 4.0, which increase efficiency and should be applied by economic entities of the EAEU and BRICS jurisdictions in the implementation of foreign trade activities. The purpose of the study is to reveal the main directions and principles of the application of 4.0 technologies by foreign trade companies of the EAEU and BRICS jurisdictions. Methods: the research is carried out based on the materialistic worldview of the authors and the universal scientific method of historical materialism. The general scientific and specific scientific methods of cognition are applied. Results: two priority main directions of development are substantiated; five fundamental principles of the application of the digital technologies of Industry 4.0 are identified, contributing to the proper implementation of cross-border export-import transactions between residents of the member states of integration associations with the participation of the Russian Federation, as well as the prevention of potential conflicts and economic disputes. Conclusions: the authors substantiate the proposal to digitize the space-application of neo-industrial digital technologies 4.0 by foreign trade companies of the EAEU and BRICS member states in the form of an online portal “Foreign Economic Activity of the Greater Eurasian Partnership online”, on which each participant in foreign economic activity will be able to open and operate his own legally significant personal account. At the same time, it is proposed to fix the priorities and principles of the development of the space for the use of neo-industrial digital technologies 4.0 by foreign trade companies of the member countries of the Greater Eurasian Partnership (EAEU + BRICS) in an interstate conventional agreement.

Resolution of economic disputes arising during the performance of real estate lease agreement

At the present stage of development of the market economy in Ukraine, the role of non-residential real estate lease of various forms of ownership has increased significantly as part of the activities of many businesses, which largely meets their basic need for property. During the crisis, the number of commercial disputes related to the lease of real estate increased significantly, but the jurisprudence to resolve them remains different, in particular, given the conflict of law on lease.
 Disputes related to breaches of leases (non-performance or improper performance) are the most numerous of all disputes arising out of a lease. These commercial disputes are mostly dominated by property lawsuits, such as rent and penalty arrears, penalties for late return of leased property, the value of inseparable improvements, losses, fees for the actual use of property, as well as lawsuits for the obligation to take certain actions. (Encouragement to take property for rent, vacate the occupied premises with their transfer by deed, etc.).
 Commercial disputes over damages caused by breaches of obligations by the parties under a real estate lease have recently become the subject of litigation. These disputes can be divided depending on who is the initiating party - the landlord (owner) or tenant. The most common in this category are claims of the owner of real estate for damages in the form of unearned income, and despite the difficulty of proving the plaintiff's validity of their claims in commercial litigation.
 Judicial practice shows that in most cases it is difficult for a tenant in the business process to prove the impossibility of actual use of non-residential premises, while the acceptance of the leased object went unnoticed its shortcomings that exclude or significantly limit the use of property for its intended purpose.

Real estate in the focus of development priorities 2030 (based on the materials of the Gaidar Forum 2022)

The annual Gaidar Forum traditionally opens the agenda for the development of the national economy for the next year with an eye to the implementation of strategic goals. The dynamism of modern economic processes requires not just taking into account external challenges and internal problems, but forecasting chan­ges in the global economic landscapes, modeling systemic changes in the allocation of productive forces and the possibilities of integrating Russia into existing and emerging technological chains. The intensive development of new industries, the targeted focus of investments on investments in the knowledge economy, the transformation of the industrial, transport, energy and housing and communal framework of capital funds set a new rhythm of construction. Its ultimate goal is to create a real estate sector that provides balanced spatial development, accelerated energy transfer and advanced development of human capital as a basis for impro­ving the comfort, quality and standard of living of citizens.
 The range of topics discussed touched upon almost all strategic objectives of achieving the goals of national projects. Priorities for the development of the real estate sector were announced in various contexts: digital and administrative transformation, scientific and personnel support, formation of a comfortable urban environment, housing construction and mortgage boom, master planning tools, etc. At the same time, behind the obvious thematic favorites of the new rhythm of construction and transformation of the real estate sector, a number of important problems remained in the “shadow” of panel discussions. Among them: the euphoria of housing construction and the danger of possible imbalances, professional transformation and the challenges of digitalization, the risks of human-centered and distance education, the discomfort of the business environment in real estate, the vacuum of modern tools for resolving economic disputes and coordinating economic interests, etc.
 Developing a view on the priorities of the development of the real estate sector in terms of ensuring the rights of shareholders and the transition to project financing, the issues of ensuring the quality of housing and communal services, further capitalization of the housing stock, mechanisms for resolving contradictions between tenants and management companies, etc. remained outside the Forum. These issues, being an integral part of a comfortable business environment and the living environment of citizens, actualize a new context of development from Priorities to Parities of economic interests and tracks of development of “power – business – man”.

Arbitration proceedings and the concept of “connected process” (based on the materials of the scientific and practical conference dedicated to the memory of Professors A. K. Sergun and A. T. Bonner, “The subject and principles of civil procedural law: modern problems”)

The article analyzes the unique properties of arbitration proceedings that integrate civil and criminal types of processes. Implemented in the APC the possibility of joint consideration in arbitration proceedings of claims for bringing to administrative responsibility together with other requirements, in the author’s opinion, proves the fundamental possibility of joint consideration in this legal proceeding of an economic dispute and a criminal case arising from it, which will exclude the possibility of obtaining in the framework of criminal proceedings a different result of resolving an economic dispute than that which can be achieved by applying to an arbitration court.

Lord Macartney’s Duelling Fates: Writing, Reading and Revising the Macartney Embassy, 1792–1804

Recent scholarship on early Sino-British relations has begun challenging the longstanding projection of inevitability upon the First Anglo-Chinese War (1839–1842) by illuminating diverse opinions within each side rather than highlighting an inherent tension between “modern” Britain and “traditional” China. However, the assumption that the Macartney Embassy (1792–1794) served as the first major step toward war has gone largely unchallenged because its diplomatic drama and economic disputes appear to affirm the British and Qing Empires’ supposedly irreconcilable differences. This article examines Britons’ reactions to the Macartney Embassy through travelogues, periodicals, and diplomatic documents to reconstruct the Embassy free from the hindsight of war and the imposition of free trade upon the Qing in the Treaty of Nanjing (1842). It argues that late eighteenth-century Britons variably conceived of the Embassy as a success, dismissed it as inconsequential, or weaponized it for domestic political criticisms. They accordingly supported both optimism in the future of Sino-British relations and a deferent stance toward Britain’s Qing counterparts. The idea that the Embassy exemplified hostility between Britain and China only came about through John Barrow’s reactionary writings during the early nineteenth century that sought to defend Macartney’s conduct by foregrounding the Qing’s apparently impolite behavior. Barrow’s views took root after accounts of the Qing’s treatment of the Amherst Embassy (1816–1817) depicted this behavior as a pattern. In this way, Britons’ initial reactions to the Macartney Embassy complicate clear notions of a linear, causal relationship between the Embassy and the war. They rather suggest that these notions were invented through a misuse of hindsight by early nineteenth-century Britons and solidified by later historians.

Ripeness Theory in the Digital Age: When to Log Off from Cyber Conflict

Abstract When are cyber conflicts ripe for negotiation? Analysis of cyber conflict presents a challenge to the prevailing negotiation concept, Zartman’s ripeness theory. Ripeness theory posits that the timing of a negotiation stems from the conflicting parties’ perception of a “mutually hurting stalemate” (MHS) and “a way out” of conflict through dialogue. While this theory has shown merit for negotiations related to conventional warfare or economic disputes, there are gaps in its applicability for resolving cyber conflict. Specifically, the concept of a “hurting stalemate” has little to no presence in cyber disputes, rendering MHS incompatible with pure cyber negotiations. As such, redefining mutually hurting stalemate for cyber conflict is paramount to address this discrepancy. Examining the 2015 bilateral US-China Cybersecurity Agreement provides a context for applying our hypothesis and demonstrates how accepted negotiation theory may be applied to cyber conflict.