Penyelesaian Sengketa Ekonomi Syariah  Di Indonesia

Hariyanto, Erie

doi:10.19105/iqtishadia.v1i1.365

Cited by 14 publications

(17 citation statements)

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“…This peace is one of the beliefs of economic dispute resolution which is a priority in sharia law. With these conditions it proves that the existence of dispute resolution by reconciling the disputing parties is something that is natural for humans (Hariyanto, 2014).…”

Section: Power Of Qadhamentioning

confidence: 93%

“…These disputes do not only occur in the banking business world, but also often occur in the business world and the economy in general. Economic disputes generally do not only occur within institutions or companies, but also often occur in two or more parties who are not members of a company or institution conducting business transactions (Hariyanto, 2014).…”

Section: Introductionmentioning

confidence: 99%

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The Settlement of Sharia Economic Disputes in Indonesian Islamic Classic Traditions and Positive Law

Kasim

2021

tjebi

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Using a qualitative method with a sociological-normative approach, it was found that today's rapid development has caused various kinds of disputes. In this article, the author discusses sharia economic disputes and their resolution in the Islamic tradition and positive law in Indonesia to understand the problems of economic disputes and their resolution so that they can become knowledge and guidelines in conducting business transactions. The results of the discussion that the author obtained, namely sharia economic disputes, are disputes that occur in muammalah activities. This occurs in banking, non-banking, capital market, as well as the economy as a whole due to several factors such as default, tadlis, taghrir, or other things that can harm the rights of others. Settlement of disputes in Islamic law, namely sulh and tahkim. As for the applicable law in Indonesia, namely peace both by litigation and non-litigation, ADR, and arbitration includes BANI, BASYARNAS and other arbitration institutions. In this case, the authors conclude that every community that will conduct business transactions requires the principle of prudence and there have been many legal attempts by the government in resolving these disputes.

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Section: Power Of Qadhamentioning

confidence: 93%

Section: Introductionmentioning

confidence: 99%

The Settlement of Sharia Economic Disputes in Indonesian Islamic Classic Traditions and Positive Law

Kasim

2021

tjebi

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“…22 differences of opinion in the Islamic civil sector can be resolved by the parties through Alternative Dispute Resolution based on good faith by ruling out litigation resolution The results from the research state sharia economic dispute resolution is directed at the non-litigation path either through Deliberation-Consensus or Alternative Dispute Resolution. 27 Hervina's research discusses about the authority for sharia economic dispute resolution in Islamic banking. The results from the research state that dispute resolution using arbitration or mediation, she also states that non-litigation resolution using the mediation method is in demand because dispute resolution through mediation is straightforward, fast, settlement is amicable, and confidentiality is more guaranteed.…”

Section: Literature Reviewmentioning

confidence: 99%

Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta

et al. 2021

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“…4 Erie Haryanto, 2014, "Penyelesaian Sengketa Ekonomi Syariah Di Indonesia", Jurnal Iqtishadia, Vol. 1 No.…”

Section: Pendahuluanmentioning

confidence: 99%

Penyelesaian Sengketa Ekonomi Syariah Melalui Mediasi Pada Masa Pandemi di Pengadilan Agama Wilayah Yogyakarta

Yunita

2021

iustum

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Sharia economic dispute resolution through mediation has many advantages, but the percentage of success in the process of sharia economic dispute resolution through mediation at the Yogyakarta Regional Religious Court is still low. Furthermore, it was speculated that a pandemic condition gives influence to the mediation implementation optimally. The research was to examine the factors to the low success rate of sharia economic dispute resolution through mediation at the Yogyakarta Regional Religious Court. This research an empirical juridical study using primary data and secondary data with a statutory approach method. Data were analyzed escriptive-qualitative analysis. The results show that the settlement of sharia economic disputes through mediation at the Yogyakarta Regional Religious Court is still low due to several factors, among others, there are not many judge mediators who have mediator certificates and sharia economic certificates, the parties are not in good faith, there is no regulation regarding the presence of the parties through remote audio-visual intermediaries on the Covid-19 pandemic and the constraints of the fast handling process in the mediation process as already regulated in

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Penyelesaian Sengketa Ekonomi Syariah Di Indonesia

Cited by 14 publications

References 0 publications

The Settlement of Sharia Economic Disputes in Indonesian Islamic Classic Traditions and Positive Law

The Settlement of Sharia Economic Disputes in Indonesian Islamic Classic Traditions and Positive Law

Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta

Penyelesaian Sengketa Ekonomi Syariah Melalui Mediasi Pada Masa Pandemi di Pengadilan Agama Wilayah Yogyakarta

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