Juridical Study On The Competence of Religion Courts In Completing Syariah Banking Disputes Based On Article 55 Law Number 21 of 2008 Concerning Banking Syari'ah

  • admin admin
  • M. Hidayat Faculty of Law, Merdeka University Surabaya
  • Sinarianda Kurnia Faculty of Law, Merdeka University Surabaya
Keywords: Competency, Syariah Banking

Abstract

If we want to respect Law No. 3 of 2006 concerning Religious Courts, give full competence in sharia banking disputes to the Religious Courts. Including the issue of mortgages (guarantees, red) and their execution, "the trial of Article 55 paragraph (2) and (3) Law No. 21 of 2008 concerning Islamic Banking. Sharia Economics Expert Muhammad Syafii Antonio believes that the settlement of Islamic banking disputes should be the full authority of the Religious Courts. This is to ensure that the religious court's verdicts are truly in accordance with sharia law based on Law No. 3 of 2006, the Religious Courts have been given the authority to adjudicate issues of sharia economics, banking, finance and insurance based on sharia law.

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References

Alamsyah, "Reducing the Absolute Competence of Religious Courts in Sharia Banking", in www.badilag.net. Access on 29 May 2014.
Anshori, Abdul Ghofur, Syari'ah Banking Dispute Resolution (Analysis of Concepts and Law No. 21 of 2008), Yogyakarta: Gajah Mada University Press, 2010.
Arto, A. Mukti, Practice of Civil Cases in the Religious Courts, Yogyakarta: Student Library, 2004.
Imaniyati, Neni Sri, "Choice of Forum in Syari'ah Banking Dispute Resolution," in the Journal of Law and Development, No. 3, Th. 40, July 2010.
Subekti, R., Trade Arbitration, Bandung: Binacipta, 1992.
Law Number 21 of 2008 concerning Sharia Banking.
Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts.
Law of the Republic of Indonesia Number 48 of 2009 concerning Judicial Power.
Yustianti, Surti, and Mohammad Roesli. 2018. “Bank Indonesia Policy in the National Banking Crisis Resolution.” YURISDIKSI: Jurnal Wacana Hukum Dan Sains 11 (1):77–90.
Yahya Harahap, Civil Procedure Law Regarding Lawsuit, Trial, Verification, and Court Decision, Jakarta: Sinar Grafika, 2009.
Yulianti, Rahmani Timorita, "Between Competencies of Religious Courts and Sharia Arbitration Bodies)", in Al-Mawarid Journal, Edition XVII, 2015.
Published
2018-10-08
How to Cite
admin, admin, Hidayat, M., & Kurnia, S. (2018, October 8). Juridical Study On The Competence of Religion Courts In Completing Syariah Banking Disputes Based On Article 55 Law Number 21 of 2008 Concerning Banking Syari’ah. YURISDIKSI : Jurnal Wacana Hukum Dan Sains, 12(1), 41-51. Retrieved from http://yurisdiksi.org/index.php/yurisdiksi/article/view/19