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All Journal ISLAMICA: Jurnal Studi Keislaman
Sulistyowati Sulistyowati
Sekolah Tinggi Agama Islam Negeri Kediri
Religion Education

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Penyelesaian Sengketa antara Bank Sharîah dengan Nasabah Bermasalah melalui Badan Arbitrase Sharîah Nasional (BASYARNAS) menurut UU No. 30 tahun 1999 Sulistyowati Sulistyowati
Islamica: Jurnal Studi Keislaman Vol. 9 No. 1 (2014): September
Publisher : Postgraduate Studies of Universitas Islam Negeri Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (479.463 KB) | DOI: 10.15642/islamica.2014.9.1.193-222

Abstract

This study deals with dispute settlement between Bank Syarîah and its customers through the National Shari?ah Arbitration Board (BASYARNAS). It focuses to elaborate the procedures of dispute settlement between Bank Syarîah and its customers of financing from the perspective of Islamic law according to Bill No. 30/1999 above law No. 30 year 1999. Based on procedures as mentioned in the bill with regard to arbitration and alternative dispute resolution, Basyarnas, in proofing and resolving cases, has fulfilled the procedures and satisfied the conflicting parties with justice, so there is no need to appeal and reconsideration. This means that Basyarnas has conducted dispute resolution according to the existing procedures. The dispute settlement has also been in accordance with the Qur'an and other Islamic legal rules which consist of the principles of power and mandate applied by the arbitrator in deciding and resolving the dispute. The board?as an independent institution?has setttled the disputes on the basis of justice for all parties, rejected the act of bribery since the cost is measurable. In addition, Basyarnas also gives strong emphasis on the principle of equality, friendship, consistence and response-bility in resolving disputes.
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