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All Journal ESA BAITUL JUHDI
SOFIATUS SOBRIYAH
INSTITUT KH YAZID KARIMULLAH JEMBER
Economics, Econometrics & Finance

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LITIGASI SENGKETA EKONOMI SYARIAH: STRATEGI DAN PRAKTIK ADVOKAT FIRMA HUKUM KARIMATA DELLA PUSPITA SARI; SOFIATUS SOBRIYAH; SITI ROHMAH; SITI AISYAH
ESA : JURNAL KAJIAN EKONOMI SYARIAH Vol 8 No 1 (2026): FEBRUARI
Publisher : SEKOLAH TINGGI ILMU SYARIAH ABU ZAIRI BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/esa.v8i1.196

Abstract

The development of the Sharia-based financial and business industry in Indonesia has driven an increase in economic transactions using Sharia contracts. On the other hand, this dynamic has also given rise to various disputes related to breach of contract, contract enforcement, and differences in interpretation of Sharia contracts. In certain circumstances, these disputes cannot be resolved through non-litigation channels and must be pursued through litigation in the courts. Therefore, the role of advocates is crucial in formulating litigation strategies that are not only based on positive law but also consider the principles of Sharia economics. This study aims to analyze the strategies and practices of advocates in handling Sharia economic dispute litigation, specifically the advocacy practices carried out by advocates at the Karimata Law Firm. This study uses a qualitative approach with a case study design. Data were obtained through in-depth interviews with advocates experienced in handling Sharia economic cases, observations of advocates' work processes in handling cases, and documentation and literature review related to Sharia economic law and litigation practices. The collected data was then analyzed qualitatively through data reduction, data presentation, and conclusion drawing to gain a comprehensive understanding of advocacy strategies for resolving Sharia economic disputes through litigation. The research findings indicate that the practice of Sharia economic dispute litigation has unique characteristics that require advocates to integrate an understanding of positive law with Sharia economic principles. An effective litigation strategy begins with an in-depth case analysis, including examining contract documents, identifying potential breaches of contract, and mapping the parties' legal positions. Furthermore, the success of a case is greatly influenced by the advocate's ability to develop systematic and evidence-based legal arguments. The research findings also indicate that an advocate's practical experience plays a crucial role in understanding trial dynamics and formulating appropriate strategies during the litigation process. Furthermore, good communication between the advocate and the client is a supporting factor in maintaining information consistency and strengthening the legal position in court. Therefore, the success of Sharia economic dispute litigation is determined not only by the normative aspects of the law but also by the advocate's professional competence in managing a structured advocacy strategy aligned with the values ​​of justice in Sharia principles.
LITIGASI SENGKETA EKONOMI SYARIAH: STRATEGI DAN PRAKTIK ADVOKAT FIRMA HUKUM KARIMATA Dela Puspita Sari; Sofiatus Sobriyah; Siti Rohmah; Siti Aisyah
ESA Vol 8 No 1 (2026): FEBRUARI
Publisher : SEKOLAH TINGGI ILMU SYARIAH ABU ZAIRI BONDOWOSO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/esa.v8i1.186

Abstract

The development of the Sharia-based financial and business industry in Indonesia has driven an increase in economic transactions using Sharia contracts. On the other hand, this dynamic has also given rise to various disputes related to breach of contract, contract enforcement, and differences in interpretation of Sharia contracts. In certain circumstances, these disputes cannot be resolved through non-litigation channels and must be pursued through litigation in the courts. Therefore, the role of advocates is crucial in formulating litigation strategies that are not only based on positive law but also consider the principles of Sharia economics. This study aims to analyze the strategies and practices of advocates in handling Sharia economic dispute litigation, specifically the advocacy practices carried out by advocates at the Karimata Law Firm. This study uses a qualitative approach with a case study design. Data were obtained through in-depth interviews with advocates experienced in handling Sharia economic cases, observations of advocates' work processes in handling cases, and documentation and literature review related to Sharia economic law and litigation practices. The collected data was then analyzed qualitatively through data reduction, data presentation, and conclusion drawing to gain a comprehensive understanding of advocacy strategies for resolving Sharia economic disputes through litigation. The research findings indicate that the practice of Sharia economic dispute litigation has unique characteristics that require advocates to integrate an understanding of positive law with Sharia economic principles. An effective litigation strategy begins with an in-depth case analysis, including examining contract documents, identifying potential breaches of contract, and mapping the parties' legal positions. Furthermore, the success of a case is greatly influenced by the advocate's ability to develop systematic and evidence-based legal arguments. The research findings also indicate that an advocate's practical experience plays a crucial role in understanding trial dynamics and formulating appropriate strategies during the litigation process. Furthermore, good communication between the advocate and the client is a supporting factor in maintaining information consistency and strengthening the legal position in court. Therefore, the success of Sharia economic dispute litigation is determined not only by the normative aspects of the law but also by the advocate's professional competence in managing a structured advocacy strategy aligned with the values ​​of justice in Sharia principles.
PENDAMPINGAN ADMINISTRASI AKTA IKRAR WAKAF BERBASIS SISTEM INFORMASI WAKAF (SIWAK) DI DESA RANDUAGUNG KABUPATEN JEMBER Sofiatus sobriyah; Fatmawati; Ahmad Harlani; Ahmad Fahrozi Ilyansyah; Arman Jihadi
BAITUL JUHDI Vol 2 No 1 (2026): MEI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/se3vqm15

Abstract

The lack of proper waqf administration remains one of the major challenges in managing waqf assets in many regions of Indonesia, including Randuagung Village, Sumberjambe District, Jember Regency. Many waqf properties that have long been utilized by the community have not been supported by a Waqf Pledge Deed (Akta Ikrar Wakaf or AIW) and have not been registered in the Waqf Information System (Sistem Informasi Wakaf or SIWAK), thereby increasing the risk of administrative problems and future legal disputes. This community service program aimed to improve waqf administrative order through assistance in the preparation of AIW documents using the SIWAK platform. The program was implemented over a 40-day period using a participatory assistance approach consisting of coordination with the village government and the Office of Religious Affairs (KUA), field observations, identification of waqf objects, document collection and verification, administrative assistance, and data entry into SIWAK. The results indicate that the assistance program enhanced community awareness of the importance of legal waqf administration, facilitated the completion of administrative requirements, and strengthened collaboration among the community, nazhir, the village government, and the Office of Religious Affairs. Of the three waqf objects assisted, one successfully completed the administrative process and was registered in SIWAK, while the remaining two are still undergoing document completion due to administrative  constraints.  These  findings  demonstrate  that  the  successful implementation of SIWAK depends not only on the availability of a digital information system but also on an effective administrative assistance model that bridges the community with legal and administrative procedures. Therefore, the assistance model contributes to strengthening administrative governance and enhancing legal protection for waqf assets.
Co-Authors Ahmad Fahrozi Ilyansyah Ahmad Harlani Arman Jihadi Dela Puspita Sari DELLA PUSPITA SARI Fatmawati SITI AISYAH SITI ROHMAH