JURNAL MAHKAMAH
Vol 5 No 2 (2020): Jurnal Mahkamah: Kajian Ilmu Hukum Dan Hukum Islam

Absolute Competency Problems in Settlement of Mortgage Rights Execution Disputes of Islamic Banking in Religious Courts

Ricky Riyyano (Universitas Sunan Giri Surabaya)



Article Info

Publish Date
28 Dec 2020

Abstract

Banking activities, especially credit/financing transactions, apart from the existence of trust between creditors and debtors, also require guarantees that have a high liquidity value in the form of material guarantees and individual guarantees. The District Court does not have the authority to resolve sharia economic disputes in any form, including the execution of the object of mortgage rights in Islamic banking which has issued Constitutional Court Decision Number 93/PUU-X/2012. If the ruling or decision issued by the district court is related to implementation the object of mortgage rights in sharia banking, then the stipulation or decision is not valid, this is because there is no regulation between the old law and the new law. This research used a normative juridical approach which was carried out through analysis obtained from library materials linked to statutory regulations and the concept of legal experts as the basis for research. The result of this research was that harmonization emphasized more on equating perceptions of the implied meaning without making editorial changes. Reconstruction of norms, including improving old laws or making new laws by changing the editorial staff of articles that still contain contradictions.

Copyrights © 2020






Journal Info

Abbrev

JM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Mahkamah adalah Jurnal Ilmiah Berkala yang memuat artikel hasil penelitian mupun artikel konseptual di bidang Ilmu Hukum dan Hukum Islam. Jurnal Mahkamah diterbitkan oleh Fakultas Syaria'ah Institut Agama Islam NU (IAIM NU) Metro Lampung. Redaksi membuka kesempatan kepada para Kademisi, ...