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Hidayah, Phani Annisatul
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Alternatif Pidana dalam Penyelesaian Sengketa Perbankan Syariah di Indonesia Hidayah, Phani Annisatul
Economic Reviews Journal Vol. 3 No. 1 (2024): Economic Reviews Journal
Publisher : Masyarakat Ekonomi Syariah Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56709/mrj.v3i1.223

Abstract

The objective of this text is to understand how conflicts are resolved within the realm of Islamic banking and to devise effective solutions. One prevalent challenge is the occurrence of conflicts or disputes within Islamic banks, which are at times inadequately resolved. The problem statement in this research revolves around criminal activities and dispute resolution within the Islamic banking sector. The research methodology used is qualitative, employing the literature review method or library research. The study findings highlight the significant role of Islamic banking in Indonesia across various domains, especially in the financial activities of communities and the economy, catering to individual needs. Nonetheless, operational difficulties may lead to potential conflicts or disputes. These disputes typically require resolution from both parties involved, namely the bank and the customer, as they share equal roles as stakeholders. Two dispute resolution methods have been identified within Islamic banking: litigation (in court) and non-litigation (outside court). This study identifies the challenges arising in Indonesian Islamic banking and proposes solutions to mitigate them. The two dispute resolution methods suggested by the researchers can be used to overcome challenges in Islamic banking, although each method has its own advantages and disadvantages each approach comes with its own strengths and weaknesses. 
Analisis Penyelesaian Sengketa Kontrak Lisan di UMKM Kampung Sukadana Perspektif Hukum Ekonomi Syariah Rohman, Rizal Fathu; Hidayah, Phani Annisatul
Jurnal Dimamu Vol. 5 No. 1 (2025)
Publisher : Ma'soem University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32627/dimamu.v5i1.1754

Abstract

This study examines the practice of oral employment contracts and dispute-resolution mechanisms in the MSME sector of Kampung Sukadana through the perspectives of Positive Law and Islamic Economic Law. Oral contracts remain the primary choice due to practical considerations and close familial relations; however, the absence of written evidence weakens legal protection for both workers and employers. The research employs a qualitative approach with an empirical juridical design, involving seven micro-enterprise actors through observation and in-depth interviews. The findings indicate that oral contracts are legally valid under positive law but carry evidentiary weaknesses, while in Islamic law they are permissible as long as they do not involve elements of gharar, with written documentation being recommended to prevent disputes. Dispute resolution is carried out through deliberation (sulh) and arbitration (tahkim), which align with local familial values and the principles of Islamic law. These findings highlight the need for integrating formal law, local wisdom, and Islamic values to ensure justice and legal certainty within the MSME sector.
Co-Authors Rohman, Rizal Fathu