National Sharia Arbitration Research Articles

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)

Legal Consequences in Murabahah Agreement Litigation Dispute Resolution: Analysis of Forum Choice Clauses in District Courts

The development of Islamic banking in Indonesia, with the Murabahah financing contract dominating, is not free from disputes among the parties involved. Dispute resolution can be settled out of court (non-litigation), one of which can be through the National Sharia Arbitration Board (Basyarnas) and through the Religious Courts (litigation). Legislation has regulated the absolute authority of the institution responsible for litigation dispute resolution through Article 49 letter (i) of Law Number 3 of 2006, as amended in Law Number 50 of 2009 Regarding the Second Amendment of Law Number 7 of 1989 and Article 55 paragraph (1) of Law Number 21 of 2008 Regarding Islamic Banking, namely the Religious Court. A conflict of norms appears in the Murabahah financing contract, which still includes a clause for dispute resolution litigation in the District Court. This raises the first issue formulation regarding what the legal consequences are for the parties in the Murabahah financing contract with the choice of forum clause in the District Court when resolving litigation disputes and what choice of forum clause is stipulated in the Murabahah financing contract to provide a balanced position for the parties when resolving litigation disputes.

The Role of the National Sharia Arbitration Board in Alternative Dispute Resolution

The Sharia Arbitration Board is an institution whose mission is to resolve disputes peacefully based on Sharia principles without interference from public courts. This effort is made to provide legal certainty for legal subjects in dispute in Sharia economics. Law Number 30 of 1999 regulates that arbitration has the right to resolve problems and disputes related to civil law, including the economic, business, financial, trade, and industrial sectors by applying sharia principles. The method used is a qualitative descriptive and library research approach by analyzing documents, data, and information related to Basyarnas. This research shows that although Basyarnas' role in resolving sharia economic disputes is very important its decision position is binding on the parties.

Analysis of Challenges and Prospects for Dispute Resolution through the National Sharia Arbitration Board in the Indonesian Legal Context

This research explores the challenges and prospects for dispute resolution through the National Sharia Arbitration Board within the Indonesian legal context. Utilizing qualitative research methods, including interviews, case studies, content analysis, and comparative analysis, the study identifies institutional challenges such as resource constraints, procedural complexities, and limited jurisdiction. Legal and cultural factors, including the harmonization of laws, cultural sensitivity, and gender equity, are examined. Case studies illustrate the Board's efficacy in family disputes while revealing challenges in handling commercial disputes. Prospects for future development encompass legal reforms, capacity building, and public awareness initiatives. A comparative analysis with global Sharia arbitration bodies provides insights into shared challenges and distinctions. The implications for the Indonesian legal system highlight the need for strategic interventions. Overall, this research contributes to a nuanced understanding of the National Sharia Arbitration Board's role and suggests pathways for its sustainable development

BASYARNAS Institution and its Contribution to Sharia Dispute Resolution

Resolving Sharia disputes is an essential aspect of the lives of those who follow Islamic teachings. The National Sharia Arbitration Board (BASYARNAS) is one institution that plays a significant role in Sharia dispute resolution. This article discusses the BASYARNAS institution's contribution to resolving Sharia disputes in Indonesia. Establishing BASYARNAS aims to provide a quick, accurate, and equitable alternative dispute resolution system based on Islamic law. Sharia Supervisory Board, Sharia Arbitration Court, and Secretariat constitute the BASYARNAS organizational structure. Disputes involving Sharia are resolved through BASYARNAS through deliberation and consensus; if these methods fail, the argument is resolved through arbitration. Through case studies, it was determined that BASYARNAS has successfully resolved some Sharia disputes. However, to enhance the effectiveness and efficiency of Sharia dispute resolution through BASYARNAS, some obstacles remain to be overcome. The BASYARNAS institution's role in resolving Sharia disputes in Indonesia should be better understood after reading this article, which is anticipated to contribute to the academic community and broader community positively.

Dispute Settlement in Sharia Banking in Indonesia

The birth of the dual banking system in Indonesia was marked by the establishment of Indonesia's first sharia commercial bank, Bank Muamalat. The first amendments to the Religious Courts Act of 1989 were seen as a response to dispute resolution, but the advent of the law did not immediately open an opportunity for dispute resolution, due to the National Sharia Council and banking fatwas. Indonesian regulations continue to treat disputes in the sharia banking industry as arbitrators, and Law No. 21 of 2008 on Sharia Banking Regulation is another legislative instrument that provides channels for Islamic banking disputes through litigation and out-of-court proceedings. This study was conducted normatively, using different legal materials depending on the issue. The study found that forms of Islamic banking consist of profit products and social and religious products. For charitable sharia banking products, disputes with bank customers can be resolved by national sharia arbitration courts and judicial institutions, whereas social and religious sharia banking products can only be resolved by religious courts or district courts. At the discretion of the judge according to the contract. In the case of disputes between banks and customers, the arbitration board only has the power to decide the dispute and not to enforce the law, but in sharia banks, disputes in litigation, religious courts and district courts have jurisdiction for dispute resolution. Have the right Enforcement where principal or the losing party does not act voluntarily to decide or enforce and/or where the auction leads to legal proceedings.

Analisis Hukum Penyelesaian Sengketa Kepailitan Syariah di indonesia

After the issuance of the Constitutional Court Decision Number 093/PUU-X/2012, the quo vadis regarding the dualism of the authority to settle sharia economic disputes has ended. The Religious Courts are legally constitutional as the only institution authorized to resolve sharia economic disputes through litigation. However, this authority is not fully implemented, there are still other sharia economic disputes whose resolution is decided by the Commercial Court within the scope of the General Courts, namely bankruptcy disputes and PKPU (Debt Payment Obligations Suspension) in Islamic financial institutions. So after the decision of the Constitutional Court Number 93/PUU-X/2012, the litigation resolution of sharia banking disputes is handled by the Religious Courts, while non-litigation is handled by arbitration and other alternative dispute resolutions. Arbitration in this case is the National Sharia Arbitration Board (BASYARNAS) while other alternative dispute resolutions are resolved through dispute resolution agreements based on good faith.

The Effectiveness of Sharia Economic Dispute Resolution Between Religious Court and National Sharia Arbitration Board

Sharia economic dispute is a conflict of interest or loss for either party to the business or activities carried out by individuals, groups of people, or business entities that are legal or not legal entities to meet the needs of a commercial and non-commercial nature according to sharia principles. Furthermore, it can be resolved through litigation or judicial and non-litigation, or out-of-court lines. Resolution disputes through religious courts always takes a long time and complicated administration, but until now is it still in high demand by justice seekers. There is dispute resolution outside the judiciary, one of which is arbitration through National Sharia Arbitration Board (BASYARNAS) which can be the solution. This paper is a qualitative research study with a case was taken from Religious Court Class 1A Sleman and BASYARNAS Representative In Yogyakarta. The findings of this study provide the results dispute resolution in religious courts is more desirable because it has more executive powers than BASYARNAS, and also religious courts hold the absolute authority of sharia economic dispute resolution and religious courts spread throughout districts in Indonesia, so religious courts are very easy to find, in contrast to BASYARNAS whose existence is still in every capital of several provinces in Indonesia. Religious courts are superior because of the quality of judges, their presence in every district in Indonesia, and the culture of the people.

Peran Arbitrase di Bank Syariah dalam penyelesaian Sengketa

<p>The Indonesian muamalah arbitration board was officially established on October 21 1993. Based on the decision letter of the Indonesian Ulama Council no. Kep/09/MUI/XXI/2003 dated December 24, 2003, in the name BAMUI was changed to the National Sharia arbitration body (BASYARNAS). The application of arbitration as a dispute resolution in Islamic banks through the national Sharia arbitration board is a research called normative juridical. Every sharia bank activity must comply with the fatwa of the National Sharia Council of the Indonesian Ulema Council, as well as the resolution of disputes in sharia banks. The National Sharia Arbitration Board has procedural regulations in accordance with the provisions of law number 30 of 1999 concerning arbitration and alternative dispute resolution.<em> </em></p>

PERAN VITAL BASYARNAS DALAM PENYELESAIAN SENGKETA BISNIS SYARIAH

The emergence of Islamic financial institutions in Indonesia is good progress for the Muslim community. however, the demands of the system and its management also arise with its increasing development. Moreover, solving problems also suppresses the existence of institutions that can handle them. Arbitration that has been carried out by the Prophet, khulafaurrasyidin even in the dynasties that followed is an out of court dispute resolution that can be an option for businessmen. On the initiative of the MUI, by going through several processes, the National Sharia Arbitration Board was formed to resolve disputes between sharia business parties.

The Existance of National Sharia Arbitration Agency in The Settlement of Sharia-law Banking Dispute In Rejang Lebong District

Purpose: The purpose of the study was to figure out how the existence of the national sharia arbitration body was in the settlement of sharia banking disputes in Rejang Lebong district. With the writhing of sharia-based economies, it certainly does not seal the possibility of a problem arising from it. In terms of matters resolved without need to to the realm of the court whether it has gone through a national sharia arbitration body or not yet.Design/Method/Approach: In the drafting of this article the author uses a qualitative approach. To search for data in this study constituents used interview methods with specific respondents. Analyzed it with deductive techniques. So that it could be narrated the results of those findings.Findings: The findings in this study turned out that the existence of national sharia arbitration agencies was still minimal, this being because of some of the first minimal financial or business institutions that used sharia foundations as a foundation in transacting. Second, still the lack of community understanding of the existence of national sharia arbitration institutions. For the problem settled ligitally only, many did not yet know it should be settled in the Court of Religion. Many societies who assume such things will be settled in ordinary public courts. Third, based on the recognition of bank leaders using the principle of sharia transactions, there was indeed no dispute at the bank yet.Originality/Values: The conclusion that can be drawn from research findings is the absence of existence from national arbitration agencies within the economic problems of the community of Rejang Lebong County

Completion of Legal Conflicts in The Implementation of The Decision of the National Sharia Arbitration Board

The background of the article is the contents of Article 59 paragraph (3) and explanation of paragraph (1) of the Law on Judicial Power. The article authorizes the District Court to implement the decision of the Sharia arbitration body on the resolution of Islamic economic disputes. The article and explanation of the verse contradicts the absolute authority of the Religious Courts regulated in Article 49 letter (i) of the Law on Religious Courts. This shows that, the legislators are not consistent in making laws and regulations, so that it creates legal uncertainty. By applying the normative legal research method to the statute approach and case approach, this article seeks to describe the phenomenon of legal conflicts that occur. From the in-depth analysis it can be concluded that the legal provisions regarding the implementation of the decision of the National Sharia Arbitration Board are regulated in the Arbitration Law, the Judicial Power Act and the Religious Courts Act. The legal substance of the provisions therein enables antinomy or legal conflicts. Antinomy settlement can use the principle of lex specialis derogat legi generali

PENYELESAIAN SENGKETA PERBANKAN SYARIAH DI INDONESIA

The development of financial institutions and syaria banking is so fast, but in terms of legal regulations it still lags. Among the regulations that still need to be improved is the regulation of resolute dispute syaria banking. Where in this case there is still a juridical problem there is dualism of judicial authority in the resolute dispute syaria banking. The results showed that the dispute resolution of syaria banking in Indonesia can be done through two ways, both litigation and non-litigation.Religion Court has the authority to resolve syaria banking disputes on litigation ways, while the non-litigation can be done through deliberation, banking mediation. National Sharia Arbitration Board is the most strategic forum for resolving disputes about banking Sharia outside the court because it could resolve the dispute quickly, simply and at low cost.

Efektivitas Penerapan Prinsip-Prinsip Syariah Dalam Penyelesaian Sengketa Ekonomi Syariah di Badan Arbitrase Syariah Nasional (Basyarnas)

<p>This study aims to determine the application of sharia principles in sharia economic dispute resolution in the National Sharia Arbitration Agency (Basyarnas). This study uses a method of socio legal study, how sharia principles are applied in resolving sharia economic disputes so that they can provide justice for both parties. Secondary data collection is carried out through a literature study of primary legal materials and secondary legal material. Some data was requested for confirmation from the National Sharia Arbitration Agency (Basyarnas) in the Yogyakarta region. To obtain answers to the research problems, 3 activities were carried out simultaneously, namely data reduction, data presentation, conclusion drawing / syllogistic verification of deduction. The results of the research and discussion obtained several conclusions, namely first, Islamic principles have not been maximally implemented by Basyarnas, this can be seen from the basis of the consideration of Basyarnas law in its decision. Basyarnas should also correct in terms of the contract, whether it is in accordance with sharia principles or not so that the arising of the dispute is not solely due to the default of the customer but can also be caused by incompatibility with sharia principles. Second, according to Antony Allot's theory of legal effectiveness, the application of sharia principles in sharia economic dispute resolution has not been carried out in accordance with sharia principles, this is due to the lack of clarity in the case in Basyarnas' decision.</p>

Two Lane Settlement of Sharia Economic Disputes Between Religious Court and National Sharia Arbitration Agency (BASYARNAS)

The development of the sharia economy, particularly in the banking sector, both domestically and abroad, is very encouraging. Because of his young age and lack of adequate understanding of various economic practices, Sharia opens the possibility of strife. When there is a Sharia economic dispute, there are two institutions that have the authority to handle the settlement, namely the Religious Court and BASYARNAS. Both institutions, both the religious court and BASYARNAS, have advantages and disadvantages in handling Sharia economic disputes. Openness must be developed from various parties who prefer Islamic shura (consensus) in determining everything and solving problems. Through Shura disputes can be resolved satisfactorily, can still maintain the privacy of the parties, the closer the relationship between the parties, the time can be shortened, the more cost-effective, and the relationship between the parties can be improved better. If you see that the resolution of economic disputes through BASYARNAS Syariah can be submitted before resolving disputes through the Religious Courts. Considering the new Shariah economic practices, it still needs to be disseminated in addition to the implementation of sharia economics, it also requires human resources and top-class facilities, as well as a complete constitutional and operational foundation.

EXPLORING THE PROGRESSIVE LAW IN THE CONSTITUTIONAL COURT DECISION NO. 93 / PUU-X / 2012 ON TESTING ARTICLE 55 VERSES (2) AND (3) LAW NO. 21 OF 2008 CONCERNING SHARIA BANKING

After the Constitutional Court issued decision No. 93/PUU-X/2012 for testing Article 55 paragraph (2) and (3) of Law No. 21 of 2008 concerning Sharia Banking to Article 28D paragraph (1) of the 1945 Constitution, the Religious Court has regained its authority to settle Islamic banking disputes. In the ruling, the Constitutional Court stipulates that the explanation of Article 55 paragraph (2) is contrary to the 1945 Constitution, and at the same time does not have binding legal force.
 The cause of the unconstitutionality occurs because the explanation of Article 55 paragraph (2) of the a quo law contains several dispute resolution forums, namely deliberation, banking mediation, National Sharia Arbitration Board or other arbitration and through a general court which makes the court conclude it will cause uncertainty because of the Paragraph (1) has clearly mentioned the Religious Court.
 This paper wants to know the urgency of progressive law in the Constitutional Court's decision No. 93/PUU-X/2012 also wants to know whether in the Constitutional Court's decision No. 93/PUU-X/2012 has implemented progressive laws.

Keabsahan Putusan Badan Arbitrase Syariah Nasional Dalam Penyelesaian Sengketa Ekonomi Syariah Di Indonesia

The growth of Sharia Economic accelerating in the last three decades is also affecting the increase of potential disputes on sharia economic field. For the purposes of fast, effective and efficient dispute settlement, the disputing parties tend to prefer non-litigation dispute settlement through alternative dispute resolutions (ADR), one of which is through the National Sharia Arbitration Board. The results of this study showed that the authority of the National Sharia Arbitration Board on sharia economic dispute settlement is determined by whether or not the arbitration agreement, either before a dispute arises (Pactum Compromittendo) or after the dispute arises (Acta Compromise). Thereby, the legitimacy of the authority of the National Sharia Arbitration Board on Syariah economic dispute settlement, based on the principle of Pacta Sunt Servanda and Consensual Principles contained in the Civil Code. Further, registration and execution of the National Sharia Arbitration Board verdict should be carried out by the Religious Courts, including the cancellation of the legal action on the verdict. It is based on two factors: (1) the basic legality of absolute competence of the Religious Courts in the Islamic economic dispute resolution as set out in Article 49 of Regulation No. 3/2006 on the Religious Courts; and (2) the basic relevance of the substance of Islamic law which is implemented by the National Sharia Arbitration Board.

Pelaksanaan PMK No. 93/Puu-X/2012 Mengenai Penyelesaian Sengketa Perbankan Syariah Sesuai Isi Akad di dalam UU No. 21 Tahun 2008 Tentang Perbankan Syariah

The research showed that the sharia banking still used the Law by District Court as an alternative of the settlement for the Sharia banking disputes because the legal counseling about the forum of settlement for the sharia banking disputes was not effective yet as stipulated in Article 55 Paragraph (1) of the Law No. 21/ 2008 regarding Sharia Banking in conjunction to Article 49 of the Law No. 3/ 2006 regarding the Religious Jurisdiction which states that it assertively gives the absolute authority to the Religious Jurisdiction to receive and settle the sharia economic disputes including the sharia banking disputes; there is a factor of the readiness ofthe Religious Jurisdiction to settle the sharia banking disputes;the next factor was that the judge of the District Court did not refuse the lawsuit addressed to him even though it was obvious that the absolute authority is possessed by the Religious Jurisdiction; another factor was that there was lack of trust from the customers of sharia banks to the Religious Jurisdiction; because the Religious Jurisdiction was so far considered to only settle the divorce cases. Furthermore, the results also showed that the judge viewed that these provisions are contrary to Article 28D Paragraph (1) of the 1945 Constitution explaining that every person shall have the right of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law. The settlement for the sharia banking disputes in accordance with the contract contents after the Constitutional Court Verdict No. 93/PUU-X/2012 tend to have changed the clausal forum for the dispute settlement, which previously referred to the District Court, now it refers to the Religious Jurisdiction and Basyarnas (National Sharia Arbitration Agency). It can be seen in the contracts made at some Sharia Banks in Indonesia, such as Bank Syariah Mandiri, Bank BRI Syariah, Bank Muamalat Syariah, Bank Sumut Syariah, and Bank BTN Syariah.

Islamic Banking Dispute Resolution in National Sharia Arbitration Board

Islamic banking dispute can be resolved through the two institutions. The first is litigation path or resolution through the court process and the second is the non-litigation path or sharia arbitration institution. Sharia arbitration authority to examine and to decide disputes in sharia banking is based on the contract agreement of the parties. Therefore, the court is not entitled to review and to determine a case of sharia banking if it has been delegated to the arbitration institution based agreement because it is the choice of the parties to resolve disputes. National sharia arbitration board is non-litigation to investigate and to decide sharia economic disputes in Indonesia including sharia banking. This committee was formed along with the development of sharia financial institutions in Indonesia. Since its establishment, the agency has examined and decided about 24 sharia economic disputes. Legally, the national authority of sharia arbitration as a dispute resolution board of sharia banking has not appointed directly by law in Indonesia. Besides, the execution of the decision of the national Islamic juridical arbitration is still ambiguous, that it causes uncertainty in law enforcement.

KEWENANGAN ABSOLUT PENGADILAN AGAMA TERHADAP PENYELESAIAN KASUS PERBANKAN SYARI’AH (ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012)

The provisions on dispute settlement Islamic banking has been laid down in Chapter IX of the settlement of disputes of Article 55 (1), (2), (3) of Law No. 21 of 2008 mentioned that the dispute settlement Islamic Banking is done by the court within the religious court, in case the parties have foretell dispute resolution other than as referred to in paragraph (1), the settlement of disputes in accordance with the contents of the contract, settlement of disputes referred to in paragraph (2 ) must not conflict with Islamic principles. The elucidation of Article 55 paragraph (2) of Law No. 21 of 2008 mentioned that the reference to the settlement of disputes in accordance with the contents of the contract are as follows efforts of deliberation, banking mediation, through the National Sharia Arbitration Board (Basyarnas) or other arbitration institution and / or through the courts within the General Court. The polemic is about the authority to resolve disputes in Islamic banking because there is no dualism of litigation, the Court of religion (Article 55 paragraph (1) of Law No. 21 of 2008) and the District Court stated in the elucidation of Article 55 paragraph (2) of the Act No. 21 of 2008), so in this study took the title of Absolute Authority of Religious Court Case Against Islamic Banking Solution (Analysis Juridical Constitutional Court Decision No. 93 / PUU-X / 2012).
 This study aims to know the legal implications arising from the decision of the Constitutional Court regarding the absolute authority of the Religious, and the competence of the Religious Islamic Banking in resolving disputes after the publication of the decision of the Constitutional Court for the No. 93 / PUU-X / 2012.
 The method used in this research is the method of juridical-normative research focus to apply the rules or norms of positive law by finding the law that encourages research, such as looking for the source of various litelatur, interviews with respondents also focused on how the legal aspects and principles of law against the decision of the Constitutional court, and the legal implications of this decision are equipped with primary data (Field research), as well as secondary data which supports research.
 In this study, there are two principal issues examined is about authority Absolut religious court after the Constitutional Court ruling No. 93 / PUU-X / 2012 as well as the implications of the issuance of the verdict in the world economy, especially sharia Islamic microfinance institutions and Islamic banking. The findings of this research is the decision of the Constitutional Court are legally absolute magnitude against all things Islamic economy both litigation and non-litigation to force the execution of the decision in the case or a decision which is final.