IQTISHADUNA: Jurnal Ilmiah Ekonomi Kita
Vol 8 No 1 (2019): IQTISHADUNA: Jurnal Ilmiah Ekonomi Kita - June

Keabsahan Putusan Badan Arbitrase Syariah Nasional Dalam Penyelesaian Sengketa Ekonomi Syariah Di Indonesia

Eko Priadi (Institut Agama Islam Daar Al-Ulum Asahan)
Mhd Erwin Munthe (STIE Syariah Bengkalis)



Article Info

Publish Date
19 Jun 2019

Abstract

The growth of Sharia Economic accelerating in the last three decades is also affecting the increase of potential disputes on sharia economic field. For the purposes of fast, effective and efficient dispute settlement, the disputing parties tend to prefer non-litigation dispute settlement through alternative dispute resolutions (ADR), one of which is through the National Sharia Arbitration Board. The results of this study showed that the authority of the National Sharia Arbitration Board on sharia economic dispute settlement is determined by whether or not the arbitration agreement, either before a dispute arises (Pactum Compromittendo) or after the dispute arises (Acta Compromise). Thereby, the legitimacy of the authority of the National Sharia Arbitration Board on Syariah economic dispute settlement, based on the principle of Pacta Sunt Servanda and Consensual Principles contained in the Civil Code. Further, registration and execution of the National Sharia Arbitration Board verdict should be carried out by the Religious Courts, including the cancellation of the legal action on the verdict. It is based on two factors: (1) the basic legality of absolute competence of the Religious Courts in the Islamic economic dispute resolution as set out in Article 49 of Regulation No. 3/2006 on the Religious Courts; and (2) the basic relevance of the substance of Islamic law which is implemented by the National Sharia Arbitration Board.

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Journal Info

Abbrev

iqtishaduna

Publisher

Subject

Economics, Econometrics & Finance

Description

IQTISHADUNA: Jurnal Ilmiah Ekonomi Kita was published in print and online by LPPM ISNJ Bengkalis. IQTISHADUNA is expected to be able to add economic insights, especially Islamic economics for academics, practitioners, researchers, policymakers (regulators), and other parties who are interested in ...