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All Journal TSAQAFAH Journal of Sharia Economics
Resi Handayani
Universitas Darussalam Gontor
Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta Mulyono Jamal; Akhmad Afandi Mahfudz; Syamsuri Syamsuri; Resi Handayani
TSAQAFAH Vol 17, No 1 (2021): Islamic Education
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v17i1.6760

Abstract

Limited information, experience, and very low economic conditions are the background of business dispute cases, especially in Islamic mortgages. Business dispute cases, including Islamic mortgage, have so far been resolved using non-litigation settlements using Alternative Dispute Resolution (ADR), it is considered easier, does not incur expensive costs, is familial, and achieves the goal of dispute resolution, namely win-win solutions. Settlement of disputes using this method has been regulated in Law Number 30 of 1999 concerning arbitration and alternative dispute resolution. In this case, the Yogyakarta Ombudsman as one of the non-litigation institutions also takes part in resolving disputes non-litigation. This study aims to analyze the method used, namely alternative dispute resolution in resolving disputes over sharia mortgage loans. Finally, this research finds that in the process of resolving disputes over sharia mortgages with alternative dispute resolution, the method of consultation, negotiation, mediation, and expert judgment is used. The alternative dispute resolution method prioritizes peace and a win-win solution or conditions that are favorable to the parties, but in this case, the non-litigation dispute resolution method does not succeed in bringing about peace or a win-win solution.
Islamic Economics in the Middle of Civilization Transition Mohammad Ghozali; Resi Handayani; Wahyudi Bakri
Journal of Sharia Economics Vol 3 No 1 (2021): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Institut Agama Islam Al Hikmah Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v3i1.169

Abstract

The existence of an economic system of capitalism, an economic system of socialism, and an economic system of sharia are a response to problems regarding the economy as well as an answer to removing people from the obscurity of the existing economic system. It’s hoped that these systems will be the key to the economic success of a society. But there are always advantages and disadvantages to every existing system. The economic system of capitalism is an economic system hi which investors or owners of capital are the movers and rulers. Meanwhile, the economic system of socialism is a system hi which the government is the main control, this system ignores the position of the individual, everything is regulated by the ruler and no one has the right other than the ruler. The considerations positives and negatives of each system have created a sharia economic system where this system has every positive side of the capitalist and socialist economic system but ignores the shortcomings or negative sides of the two systems. This paper discussed how the economic system of capitalism, the economic system of socialism, the Islamic economic system, and the relationship between them. The method used in this writing was library research, in which the authors used various secondary data from books, article, and many more. The results showed that it is clear that there are far differences between the conventional economic system and the Islamic economic system, the conventional economic system includes the economic system of capitalism and the economic system of socialism.
Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta Mulyono Jamal; Akhmad Afandi Mahfudz; Syamsuri Syamsuri; Resi Handayani
TSAQAFAH Vol. 17 No. 1 (2021): Islamic Education
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v17i1.6760

Abstract

Limited information, experience, and very low economic conditions are the background of business dispute cases, especially in Islamic mortgages. Business dispute cases, including Islamic mortgage, have so far been resolved using non-litigation settlements using Alternative Dispute Resolution (ADR), it is considered easier, does not incur expensive costs, is familial, and achieves the goal of dispute resolution, namely win-win solutions. Settlement of disputes using this method has been regulated in Law Number 30 of 1999 concerning arbitration and alternative dispute resolution. In this case, the Yogyakarta Ombudsman as one of the non-litigation institutions also takes part in resolving disputes non-litigation. This study aims to analyze the method used, namely alternative dispute resolution in resolving disputes over sharia mortgage loans. Finally, this research finds that in the process of resolving disputes over sharia mortgages with alternative dispute resolution, the method of consultation, negotiation, mediation, and expert judgment is used. The alternative dispute resolution method prioritizes peace and a win-win solution or conditions that are favorable to the parties, but in this case, the non-litigation dispute resolution method does not succeed in bringing about peace or a win-win solution.
Co-Authors Akhmad Afandi Mahfudz Mohammad Ghozali Mulyono Jamal Syamsuri Wahyudi Bakri