Journal Equity of Law and Governance
Vol. 6 No. 2

Sharia Insurance Disputes Through Sharia Arbitration: A Legal Discourse

Sawitri Yuli Hartati (Universitas Warmadewa)
Fauzan Azhim (Universitas Muhammadiyah Jakarta)



Article Info

Publish Date
21 Nov 2024

Abstract

Sharia insurance in Indonesia has experienced significant growth, accompanied by increasingly complex disputes between Islamic insurance companies and policyholders. The primary issue lies in the fragmented legal framework for resolving sharia insurance disputes, with relevant provisions spread across multiple laws and regulations. This has become a discourse and issue of legal norms for sharia arbitration as an option for Islamic arbitration is currently governed by Supreme Court Regulation Number 14 of 2016 and governs the settlement of sharia insurance claims. The research method used is descriptive normative by analyzing regulations laws governing sharia dispute resolution. The results of this study explain that state policy in managing sharia Article 58 of Law No. 48 of 2009 concerning Judicial Power is still used by constitutional authority because insurance issues are still being discussed. Law No. 30 of 1999 must therefore be amended, particularly the section pertaining to the District Court, which needs to be enhanced by the Religious Courts and the processes for settling conflicts through sharia arbitration.

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Journal Info

Abbrev

elg

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philosophy of Law, and Human Rights are particularly ...