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All Journal JOURNAL of LEGAL RESEARCH
Andi Sunarti
Universitas Jayabaya Jakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Eksistensi Putusan Basyarnas Dalam Eksekusi Hak Tanggungan Terhadap Sengketa Perbankan Syariah Andi Sunarti; Yuhelson Yuhelson; Erny Kencanawati
JOURNAL of LEGAL RESEARCH Vol 4, No 6 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i6.29099

Abstract

Settlement of problems that arise in sharia banking contracts for guarantees of mortgage rights is based on the binding principle of the contract (Mabda' Wujub Al Wafa' Bi Al' Aqad/Asas Pacta Sunt Servanda) which means that the contract of the parties made legally binds the parties as a law. In the settlement of disputes in one of the financing contracts through Islamic banking, there are options for settlement methods including settlement by deliberation and consensus, settlement through Alternative Dispute Resolution (APS), including Mediation, Arbitration, Conciliation, and Expert Assessment and settlement through the Religious Courts. This type of research uses descriptive qualitative research methods. Basyarnas was formed because PA at that time did not yet have the authority to examine Islamic economic cases, so Basyarnas was formed because of an urgent need to resolve the possibility of civil disputes between Islamic banks and customers.
Co-Authors Erny Kencanawati Yuhelson Yuhelson