Art Original

Kompetensi Absolut Pengadilan Agama dalam Mengadili Perkara Perbankan Syariah terhadap Perjanjian Arbitrase Syariah Nasional (Studi Perkara Putusan Mahkamah Agung Republik Indonesia Nomor: 16/K/AG/2021)

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After Law Number 50 of 2009 concerning Amendments to Law Number 3 of 2006 and Law Number 7 of 1989 concerning Religious Courts was passed, the authority of the Religious Courts was expanded so that it could resolve sharia economic disputes. However, ironically, Law Number 21 of 2008 concerning Sharia Banking regulates the possibility of a choice of court forum desired by the contracting parties, both the Religious Court and the District Court. As a result, in judicial practice, there are several cases of sharia economic disputes which are resolved through general judicial mechanisms. The main problem of this research is very important to understand the authority of the Religious Courts before and after the issuance of the Constitutional Court decision Number 93/PUU-X/2012 and its implications for the authority of the Religious Courts over sharia banking and other sharia economic institutions. The National Sharia Arbitration Board was formed by the Indonesian Ulema Council. The reason for the formation of the National Sharia Arbitration Board is with the idea of Sharia Economics which is marked by the development of sharia banking, with the example of the birth of Sharia banks which of course have disputes that must be resolved using sharia, for this reason there is a need to involve other parties for mediation in resolving sharia disputes. The research method used in this research is a normative research method with a statutory and case approach. Normative legal research methods or library legal research methods are legal research that uses secondary data. This research is also known as doctrinal. In this research, legal research is aimed at obtaining objective law (legal norms), namely by conducting research on existing legal problems. Based on the research results, it was found that the authority to resolve sharia economic disputes in the Religious Courts prior to the Constitutional Court's decision, there was a dualism in the authority to adjudicate between the Religious Court Institution and the District Court institution due to a conflict between statutory regulations, namely Article 55 paragraph (2) of Law Number 21 of 2008 and Article 49 of Law Number 3 of 2006 and the 1945 Constitution Article 28D paragraph (1) concerning the right of every person to obtain legal certainty. However, after the Constitutional Court decision Number 93/PUU-X/2012 was issued, the Religious Court was declared the only judicial institution with the authority to resolve sharia economic disputes. This court's normative decision certainly does not only have implications for sharia banking as a sharia economic institution, but also other institutions that run their businesses based on sharia principles.

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Detail Information

Call Number

Hukum 297.273 Nov k

Language

Indonesia

NPM

221021106

Publisher

Ilmu Hukum : Universitas Islam Riau., 2024

Keyword(s)

Absolute Competence
Religious Courts
Sharia Banking
National Sharia Arbitration Agreement

Other Information

Petugas

Uthi Kurnia

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