According to legal perspective, the Government’s plan to implement New Normal desires to restore economic life and public health as a manifestation of the fulfillment of citizens’ rights. From the description above, this paper will discuss several things, namely how the readiness of national Law to welcome the new normal era; how the constitutional legal system in the new era is normal; how is the urgency of structuring national regulations in the new normal era; and, how the influence of the new normal era for legal politics and public legal awareness. By using the normative juridical method, it can be concluded that the status of COVID-19 pandemic in Law is marked by the issuance of various legislative products to provide legal certainty of the Government’s policy to overcome COVID-19 and implement New Normal policy. The practice of state administration is increasingly being carried out in the executive, legislative, and judiciary environments by utilizing digital networks through application facilities that provide virtual me eting services.
Purpose of the study: The general objective of this study was to explore the potential of the mediation process as a reformulation of Islamic banking dispute settlement after the Supreme Court Regulation (SCR) on mediation procedure in the court. On the one hand, this study tries to find a repositioning of mediation procedures in resolving disputes over Islamic Banking in religious courts.
Methodology: This research was normative and empirical. The data collection techniques of this literature would be done utilizing literature study and field research. Primary data was obtained through field research with interviews. The participants from Judges of Religious Court, Abdul Manan as a Judge of in the Supreme Court Institution, Islamic banking legal unit. Data were processed by a qualitative descriptive analysis technique. Secondary data used consisted of primary legal material sourced from SCR No. 1 of 2016 and the contract.
Principal Findings: The mediation process as a reformulation of Islamic banking dispute settlement especially in the Religious Court is according to Article 2 Paragraph (1) SCR No. 1 of 2016. The repositioning of mediation procedures in resolving Islamic banking disputes in the Religious Courts applied by making changes as part of the case registration process implemented through honesty, fidelity, and justice.
Applications of this study: This paper is essential for the parties to get the legal certainty in maintaining the continuing development of Islamic banking business, product development, risk management and efficiency of the bank. The study may be instrumental in helping to improve the development of the legal studies programs, notably the Islamic Economic Law. The results of this study will provide benefits for the religious court to improve its performance effectively and efficiently in dispute settlement through mediation.
Novelty/Originality of this study: Determination of the mediation as reformulation of dispute settlement on Islamic banking post-enactment or issuance of the SCR No. 1 of 2016 and to find out about repositioning of the mediation procedure and proposing changes in the position (repositioning) of the mediation process and reaffirming the roles, duties and accountability of professional mediators or non-judge mediators so that it is expected that the role of non-judge mediators can active in resolving Islamic banking disputes both in procedures in the court or outside the courts applied at the Indonesian Religious Court. The contribution of this paper will be the revision of the curriculum of legal studies and Islamic Economic Law. The importance for researchers of the study is to develop and improve the capability of researchers for developing the law study program called Islamic Economic Law.
The usual legal system of civil law often require an expensive cost, a complicated and takes long time to complete a case. The demand to resolve small civil case through special legal system is increase. Gugatan sederhana (adopted from Small Claims Court) is an alternative legal system provided in the district court to settle the civil case that are more accessible and effective in maintaining legal rights for justice seekers. The empowerment of gugatan sederhana starts in the district court because it is the first level court to go to resolve the civil case faced by justice seekers.
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