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All Journal AT-TAFAHUM: Journal of Islamic Law
Pasaribu, muhammad Amalan
Law Firm of Ali Ishak Bayu Nanda and Partners
Arts Humanities

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Islamic Economic Dispute Resolution Pasaribu, muhammad Amalan; Naslim, Nazwa Sabrina
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29071

Abstract

The rapid development of Islamic economics and finance in Indonesia has increased the potential for disputes due to differing understandings of contracts, breaches of contract, and inconsistencies in practices with Islamic principles. This situation demands a dispute resolution mechanism that can guarantee legal certainty while remaining grounded in Islamic values. This study aims to examine the definition and causes of Islamic economic disputes, the principles for their resolution, available mechanisms, and the authorized institutions in Indonesia. The method used is a normative juridical approach with an analysis of Islamic legal sources and relevant legislation. The study results show that, from an Islamic legal perspective, dispute resolution emphasizes the principles of justice (al-'adl), public interest (al-maslahah), and balance (tawazun) through deliberation (shura), reconciliation (sulh), and arbitration (tahkim). Meanwhile, under Indonesian positive law, dispute resolution is conducted through litigation in Religious Courts and non-litigation methods such as mediation and arbitration through BASYARNAS. These two approaches complement each other by ensuring legal certainty, efficiency, and compliance with sharia principles. Thus, the resolution of Islamic economic disputes in Indonesia is an integration of Islamic law and positive law that not only aims to resolve conflicts, but also maintains the values of justice, ethics, and sustainability of the Islamic economy.
Implementation of Public Service Standards Based on Law in Indonesia Pasaribu, Muhammad Amalan; Pulungan, Osama Bhinneka
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29091

Abstract

The implementation of public service standards in Indonesia is a crucial part of efforts to realize effective, transparent, and accountable governance. Public service standards are regulated in Law Number 25 of 2009 concerning Public Services, which serves as a guideline for every service provider in providing quality services to the public. This study aims to examine the implementation of public service standards based on statutory provisions and identify various obstacles encountered in their implementation. The method used in this research is a normative legal approach by examining various laws and regulations, literature, and concepts related to public services. The results of the study indicate that normatively, public service standards have covered important aspects such as service procedures, completion time, costs, service products, facilities and infrastructure, and implementer competence. However, in practice, various problems are still found, including limited human resources, lack of supervision, suboptimal use of technology, and low public participation in the service evaluation process. Furthermore, there is a disparity in service quality between urban and remote areas, indicating uneven implementation of public service standards. Therefore, efforts are needed to increase the capacity of civil servants, strengthen oversight systems, and innovate in information technology-based services. This is expected to ensure optimal implementation of public service standards, increase public trust in the government, and ensure the fulfillment of community rights fairly and equitably.
Co-Authors Naslim, Nazwa Sabrina Pulungan, Osama Bhinneka