Kanun: Jurnal Ilmu Hukum
Vol 23, No 2 (2021): Vol. 23, No. 2, August 2021

The Application of Final and Binding Principles in Sharia Economics Dispute Resolution Through Basyarnas

Dewi Nurul Musjtari (Faculty of Law Universitas Muhammadiyah Yogyakarta)
Riki Ali Nurdin (Faculty of Law Universitas Muhammadiyah Yogyakarta)



Article Info

Publish Date
17 Aug 2021

Abstract

This study aims to determine the application of the final and binding principles in sharia economic dispute resolution through Basyarnas. This research method used empirical research with secondary and primary data. Secondary data was complemented by primary and secondary legal materials, while primary data was obtained through interviews. The data analysis was carried out in a descriptive qualitative manner. The results indicated that the final principle is applied to the settlement of sharia economic disputes through Basyarnas when the parties have received the sharia arbitration decision and do not object to the decision issued by Basyarnas, or when one of the parties submits an objection to the sharia arbitration decision, and the arbitrator re-signed the revised decision in accordance with Article 58 of Law Number 30 of 1999 and Article 20 of the 2017 Basyarnas Rules of Procedure. The final sharia arbitration decision will have binding power for the parties (binding) after the decision is registered with the Religious Court in accordance with the respondent’s regional laws.

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Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...