TSAQAFAH
Vol 17, No 1 (2021): Islamic Education

Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta

Mulyono Jamal (Universitas Darussalam Gontor)
Akhmad Afandi Mahfudz (Universitas Darussalam Gontor)
Syamsuri Syamsuri (Universitas Darussalam Gontor)
Resi Handayani (Universitas Darussalam Gontor)



Article Info

Publish Date
09 Oct 2021

Abstract

Limited information, experience, and very low economic conditions are the background of business dispute cases, especially in Islamic mortgages. Business dispute cases, including Islamic mortgage, have so far been resolved using non-litigation settlements using Alternative Dispute Resolution (ADR), it is considered easier, does not incur expensive costs, is familial, and achieves the goal of dispute resolution, namely win-win solutions. Settlement of disputes using this method has been regulated in Law Number 30 of 1999 concerning arbitration and alternative dispute resolution. In this case, the Yogyakarta Ombudsman as one of the non-litigation institutions also takes part in resolving disputes non-litigation. This study aims to analyze the method used, namely alternative dispute resolution in resolving disputes over sharia mortgage loans. Finally, this research finds that in the process of resolving disputes over sharia mortgages with alternative dispute resolution, the method of consultation, negotiation, mediation, and expert judgment is used. The alternative dispute resolution method prioritizes peace and a win-win solution or conditions that are favorable to the parties, but in this case, the non-litigation dispute resolution method does not succeed in bringing about peace or a win-win solution.

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Journal Info

Abbrev

tsaqafah

Publisher

Subject

Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

TSAQAFAH (pISSN: 1411-0334 | eISSN: 2460-0008) is journal of Islamic civilization published by University of Darussalam Gontor. It is semiannual journal published in May and November for the developing the scientific ethos. Editors accept scientific articles and result of research in accordance with ...