Paradigma : Journal of Science, Religion and Culture Studies
Vol 19 No 2 (2022): PARADIGMA Journal of Science, Religion and Culture Studies

PERTIMBANGAN HAKIM DALAM PUTUSAN KASUS ASURANSI SYARIAH

Linggar Ekapaksi (Universitas Islam Negeri Syarif Hidayatullah)
A.M Hasan Ali (UIN Syarif Hidayatullah Jakarta)



Article Info

Publish Date
29 Aug 2022

Abstract

This study aims to determine and analyze the judge's considerations in the case of sharia insurance cases in the Religious Courts in Decision Number 426/Pdt.G/2021/PA.JS as well as knowing what factors encourage a judge in deciding sharia insurance cases.This study uses a qualitative method using a normative juridical approach. The source of data used in this study is primary data in the form of a copy of Decision Number 426/Pdt.G/2021/PA.JS obtained from the Directory of Decisions of the Supreme Court of the Republic of Indonesia. Secondary data in this study is in the form of data that supports the explanation of primary data. The results of this study indicate that the judge did not bring the sharia insurance agent in front of the trial, even though the plaintiff repeatedly mentioned the name of the sharia insurance agent. So from the root of the problem, according to the author, the judge's considerations are very rigid, and in the judge's consideration, stating that the company is legal and the company is not in default is questionable. However, in the judge's decision, which is of the opinion that the insurance participant's premium money is returned totally very wise.

Copyrights © 2022






Journal Info

Abbrev

paradigma

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Education

Description

Paradigma Journal is a journal that contains scientific studies on Science, Religion and Culture, presenting scientific articles, both research results and literature reviews. The Scope of Paradigma Journal Scientific Studies on Science : an interdisciplinary research area that seeks to situate ...