JOURNAL of LEGAL RESEARCH
Vol 4, No 6 (2022)

Eksistensi Putusan Basyarnas Dalam Eksekusi Hak Tanggungan Terhadap Sengketa Perbankan Syariah

Andi Sunarti (Universitas Jayabaya Jakarta)
Yuhelson Yuhelson (Universitas Jayabaya Jakarta)
Erny Kencanawati (Universitas Jayabaya Jakarta)



Article Info

Publish Date
16 Nov 2022

Abstract

Settlement of problems that arise in sharia banking contracts for guarantees of mortgage rights is based on the binding principle of the contract (Mabda' Wujub Al Wafa' Bi Al' Aqad/Asas Pacta Sunt Servanda) which means that the contract of the parties made legally binds the parties as a law. In the settlement of disputes in one of the financing contracts through Islamic banking, there are options for settlement methods including settlement by deliberation and consensus, settlement through Alternative Dispute Resolution (APS), including Mediation, Arbitration, Conciliation, and Expert Assessment and settlement through the Religious Courts. This type of research uses descriptive qualitative research methods. Basyarnas was formed because PA at that time did not yet have the authority to examine Islamic economic cases, so Basyarnas was formed because of an urgent need to resolve the possibility of civil disputes between Islamic banks and customers.

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Journal Info

Abbrev

jlr

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution ...