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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum NOMOI Law Review
Harahap, Muttaqin
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Law, Crime, Criminology & Criminal Justice

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ALTERNATIVE DISPUTE RESOLUTION IN ISLAMIC BUSINESS PRACTICES OUTSIDE OF COURT Harahap, Muttaqin; Asdhie Kodiyat MS, Benito
NOMOI Law Review Vol 5, No 1 (2024): May Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v5i1.19938

Abstract

Using non-litigation methods to resolve business disputes has long been an option. This is because the litigation process in court takes a long time and is a complicated procedure, has a win-lose nature that is not yet able to embrace common interests, tends to give rise to new problems, requires expensive costs and is unresponsive. As a general rule, people are involved in sharia economic disputes and want to resolve all conflicts that arise quickly, efficiently and cheaply. The parties to a dispute are free to choose the method of dispute resolution and the applicable law in accordance with the agreed agreement, but may face many obstacles in reaching an agreement. One of them is by resolving disputes through a body that has been formed by the Indonesian Ulema Council, namely the National Sharia Arbitration Board. Arbitration institutions can resolve problems quickly and precisely, the results of arbitration decisions are absolute and cannot be intervened by the court and there are no territorial restrictions in resolving disputes, therefore many entrepreneurs and business people tend to choose the arbitration route. The aim of this research is to determine alternatives for dispute resolution in Islamic business practices outside the court. This type of research and approach is normative research using a normative juridical legal research approach. National Sharia Arbitration Board has the authority to resolve fairly and quickly muamalah (civil) disputes arising in the fields of trade, finance, industry, services and others which according to law and statutory regulations are fully controlled by the disputing party, and the parties agree in writing to submit the settlement to the National Sharia Arbitration Board in accordance with the procedures of the National Sharia Arbitration Board.
Pluralism of Authority in Calculating State Financial Losses: Challenges and Policy Recommendations Harahap, Muttaqin; Eddy, Triono; Darma, Zainuddin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Institutional pluralism in calculating state financial losses is a structural reality in the Indonesian legal system. This authority does not reside in a single institution, but is spread across several institutions with varying legitimacy. Constitutionally, the Supreme Audit Agency (BPK) has attributive authority as the state's external auditor. On the other hand, the Financial and Development Supervisory Agency (BPK) carries out internal oversight functions based on administrative authority under the President, while law enforcement officials use the results of state loss calculations as part of the evidence in corruption cases. This configuration creates institutional pluralism that is both structural and functional. This research is a normative legal study with a statutory approach. The focus of the study is directed at analyzing the legal basis, the nature of authority, and the implications of institutional pluralism for legal certainty in judicial practice. The results indicate that other institutions besides the Supreme Audit Agency (BPK) have the authority to calculate state losses, namely the Financial and Development Supervisory Agency, Law Enforcement Officials, and Public Accountants. This institutional pluralism has the potential to lead to overlapping, conflicting interpretations, and disparities in the results of state loss calculations. This condition poses a serious challenge to legal certainty, particularly in proving state financial losses in corruption cases. To address this problem, this study recommends four policy steps, namely the preparation of standard methods for calculating state losses, confirmation in laws and regulations, centralization of an independent institution, namely the Supreme Audit Agency, and the establishment of a formal and binding coordination mechanism between the audit institution and law enforcement officials
Co-Authors Darma, Zainuddin Triono Eddy