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All Journal JURIS (Jurnal Ilmiah Syariah) Jurnal Hukum dan Peradilan
Prihasmoro, Adi
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Sharia Economic Bankruptcy Law (al-Taflis) and the Dualism of Court Competency in Indonesia Prihasmoro, Adi; Sopyan, Yayan; Abdullah, Raihanah; Sufiarina, Sufiarina
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i2.11045

Abstract

Since Religious Court Law was amended by Law No. 3 of 2006, every sharia economic case is stipulated as the competency of the Religious Court. Conversely, Bankruptcy Law No. 37 of 2004 has never been synchronized with the amended Religious Courts Law. Therefore, the competent court does not handle sharia economic bankruptcy (al-taflis) cases. This study aims to ensure that al-taflis can be examined based on sharia economic principles by the most appropriate judicial forum. It is normative legal research using primary and secondary legal materials such as court decisions, statutory, books, journals, reports, and internet sources, then analyzing and synchronizing to get an ideal formula regarding how al-taflis cases are settled in court. The result shows that al-taflis is appropriately stipulated as the absolute competence of Religious Courts. Case studies of al-taflis court decisions settled by the Commercial Court so far, also indicate that sharia principles are not sufficiently considered in the decisions, even ignored. Therefore, it is urgent to make synchronization efforts by amending the Bankruptcy Law until it can accommodate the settlement of al-taflis case through Religious Courts. Otherwise, it will be only a utopian sharia economic bankruptcy law
Litigation of Sharia Economic Bankruptcy: (Indonesian Bankruptcy Law Perspective) prihasmoro, adi; Suadi, Amran; Abdullah, Abdul Gani
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

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Abstract

This study aims to gain a deep understanding of whether the issue of debts in the scope of sharia economics has been well accommodated in bankruptcy and debt settlement through the Commercial Court based on the Bankruptcy Law. This is normative legal research through literature study and case study, and it is enriched with interviews with sources at the Supreme Court. The results show that there has been an overlap in the court's competency to adjudicate based on applicable laws and regulations. There is no synchronization between the court's competency based on the Bankruptcy Law and based on the Religious Courts Law, especially regarding the settlement of debts within the scope of sharia economics. In the case study on the Commercial Court's decisions, it is known that its final settlements were made without sufficient consideration of sharia economics compliance principles. The Supreme Court, as the holder of judicial power, has attempted to fill the legal vacuum with its policies to synchronize so that the judicial process can run smoothly. Another solution to resolve the overlapping judicial competency arising from the Bankruptcy Law and the Religious Courts Law is to file a judicial review with the Constitutional Court, even though dilemmatic. The remaining issue is that the settlement of debt within the scope of sharia economics is still decided in the Commercial Court, not the Religious Court. The ultimate solution is to propose an amendment to the Bankruptcy Law to accommodate settlements within the scope of sharia economics.
Constitutional Internalization of Islamic Law in a Pancasila State Prihasmoro, Adi; Anwar, Chaerul; Sopyan, Yayan; Abdullah , Raihanah; Ardhanariswari, Riris
Jurnal Hukum dan Peradilan Vol 15 No 1 (2026)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.15.1.2026.139-170

Abstract

This article aims to provide a positive perspective on the contribution of Islamic law since the birth of the Unitary State of Indonesia (NKRI), UUD 1945, and Pancasila. The research was conducted through a literature study tracing the history of implementing Islamic law and its internalization into the national legal system, alongside the development of an increasingly religious Indonesian population. In the post-Reformation era, Islamic law appears to have gained momentum in shaping national law. The romanticism of the nation's religious ambition to believe in God, with the obligation to carry out sharia for its adherents, comes back alive and rises. That nation's religious ambition is recorded in the history of the Pancasila version of the Jakarta Charter in 1945. This spirit has been integrated into the history of the birth of the Republic of Indonesia, the UUD 1945, and Pancasila, and remains alive and deeply rooted in the nation spirit. The study shows that in the NKRI, Islamic law could be applied lawfully. It is implemented constitutionally based on Pancasila. The integration of Islamic law that characterizes national law can work without reducing the rights and obligations of adherents of other religions in Indonesia.
Co-Authors Abdul Gani Abdullah Abdullah , Raihanah Chaerul Anwar Raihanah Abdullah Riris Ardhanariswari Suadi, Amran Sufiarina Yayan Sopyan