Rekontruksi hukum acara sengketa ekonomi syariah dalam sistem peradilan agama di Indonesia

Zuhriah, Erfaniah and Sukadi, Imam (2016) Rekontruksi hukum acara sengketa ekonomi syariah dalam sistem peradilan agama di Indonesia. Research Report. Lembaga Penelitian dan Pengabdian kepada Masyarakat UIN Maulana Malik Ibrahim, Malang. (Unpublished)

[img] Text (Fulltext)
957.pdf - Accepted Version

Download (740kB)

Abstract

This research discuss about procedural law reconstruction of Sharia Economic disputes in system of religious court in Indonesia. Problem that discussed are what is background of law procedural law reconstruction of Sharia Economic disputes in system of religious court in Indonesia, and how is law reconstruction of Sharia Economic disputes in system of religious court in Indonesia. This research is normative legal research using statue approach and conceptual approach. Kind and legal sources consist of primary, secondary and tertiary legal material. Legal materials collection techniques used literature study and analysis legal material using juridical qualitative technique. From this research we can get the result that the background of law reconstruction of Sharia Economic disputes in system of religious court in Indonesia is that religious court is the place to seek justice and sharia economics justice cases is the absolute authority of religious courts. Consider that sharia economic disputes are very associated with the principles of Islamic values, so in defending Islamic economic disputes must also implement syariat islam without prejudice to the applicable of positive law. From ontology side, the economic nature of those Sharia economic cases should be distinguished between large value lawsuit and small value lawsuit. It is will give implication to the mechanism of procedural law in religious court. From epistemology side, because of no mention yet of the category of cases, and also long time needed to solve a sharia economic dispute with large value lawsuit and small value lawsuit, so it should be distinguished its law procedure. From Axiology aspect, cases discussed in court need long time, so it will give implication to the value of the costs that will be incurred, the longer cases finished, then the many costs that must be removed. And also from psychology aspect, it will be longer to solve this cases in religious court and longer to wait verdict. Reconstruction of procedural law of sharia economic disputes in religious court in Indonesia for justice seeker should be begun by using two doors system. The mediation effort must still be done before the authentication process is done. Two doors system is the first lawsuit effort with large value with regular judicial mechanism, and the second door is the lawsuit effort with small value with small claim court mechanism that is simple judiciary system with simple process using examination done by a judge. The value of small lawsuit is the value which is not more than Rp. 100.000.000. So if there are sharia economic disputes which the value of lawsuit under 100.000.000, it can be solved ny small claim court system. The philosophy of maximum value i.e 100.000.000 is based on comparison object from several countries as explained, for example in USA with its maximum value is US $15.000 or Rp.195.000.000 (Exchange rate US $1 = Rp.13.000,00.). Value of Rp. 100.000.000.- is chosen as maximum value because it is accordance to development of Indonesian society. Consider that many of sharia economic disputes are commonly happened one by one person and it inevitably involves legal entities. Small claim court as simple mechanism is begun from the reading of lawsuit, the answer of plaintiff, substantiation (proof), and the reading of verdict.

Item Type: Research (Research Report)
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180105 Commercial and Contract Law
18 LAW AND LEGAL STUDIES > 1801 Law > 180107 Conflict of Laws (Private International Law)
18 LAW AND LEGAL STUDIES > 1801 Law > 180127 Mu'amalah (Islamic Commercial & Contract Law) > 18012720 al-Shulh (Islamic Arbitration) & Ibra’ (Pembebasan Tanggungan)
Divisions: Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User: Miftahus Sholehudin
Date Deposited: 22 Mar 2017 10:44

Downloads

Downloads per month over past year

Origin of downloads

Actions (login required)

View Item View Item