Peran Arbitrase di Bank Syariah dalam penyelesaian Sengketa

Hasanah, Ulfa

doi:10.21043/tawazun.v4i2.10697

Cited by 4 publications

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“…According to (Hasanah et al, 2021), Sharia economic disputes can occur between people and banking and non-banking institutions, between institutions, and between people and people who are bound by economic ties. If the Judicial Body examines this dispute, the material legal sources that can be used are the Compilation of Sharia Economic Law, Legislation related to Sharia Banking and Non-Banking Institutions, and the Agreement made by the parties.…”

Section: Literature Reviewmentioning

confidence: 99%

Legal Certainty In Financial Disputes Case Resolution Progressive Legal Perspective

Sembiring,

Saragih

2024

J. Progressive. Law. Leg. Stud.

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Pure Legal Theory (The Pure Theory of Law) is a positive legal theory. However, it does not discuss positive Law that applies in a particular legal system; it only discusses general legal theory. Hans Kelsen's presentation of Pure Legal Theory aims to explain the nature of Law and methods of making Law rather than explaining what the Law should be or the best way for Law to be created. This writing uses descriptive legal research, in which the author uses a normative juridical research type using the Library Research data collection method. This research aims to determine how the legal certainty and protection of the parties in mediating the resolution of Sharia financial disputes, a comparison of progressive legal analysis of Hans Kelsen and Satjipto Raharjo's legal theory in resolving Sharia financial disputes. Based on the research and discussion results, a picture is obtained that legal certainty (rechtssicherheit) Legal certainty is the certainty of laws or regulations; all kinds of methods, methods, and so on must be based on laws or regulations. Within legal certainty, there are positive laws and written laws. Normative legal certainty is when a regulation that regulates it clearly and logically is created and promulgated. Progressive Law wants to return the Law to the right track (on the right track). For this reason, Satjipto Rahardjo thinks that legal breakthroughs are needed (legal breakthroughs, not legal breaking) in law formation and enforcement.

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Section: Literature Reviewmentioning

confidence: 99%

Legal Certainty In Financial Disputes Case Resolution Progressive Legal Perspective

Sembiring,

Saragih

2024

J. Progressive. Law. Leg. Stud.

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“…Pada dasarnya sengketa terjadi dilingkungan ekonomi syariah khususnya perbankan syariah dikarenakan adanya ketidaksamaan antara kelompok ataupun secara pribadi yang mengakibatkan pelanggaran atas kesepakatan awal perjanjian hak-hak terganggu (Hasanah et al, 2021). Sengketa (dispute atau conflict) adalah salah satu bentuk selisih atau ketidaksesuaian (disagreement on a point of law of fact of interest between two persons) dalam artian bahwa keadaan kondisi ketidaksesuaian dan ketidak adanya kesepahaman dengan kenyataan sehingga menimbulkan berbedanya kepentingan antara keduanya Umumnya penyebab dari terjadinya sebuah sengketa ekonomi syariah dikarenakan beberapa factor seperti berikut ini yaitu (Suganda, 2022):…”

Section: A Faktor-faktor Terjadinya Sengketaunclassified

Konsep Shulh: Penyelesaian Sengketa Produk Tepat Pembiayaan Syariah Btpn Syariah

Rahmat Husein Lubis

2023

Al-Musthofa: JSE

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This research originated from a dispute that occurred at BTPN Syariah MMS Siabu on the Right Sharia Financing product. Researchers want to examine how the solution to these problems can be solved with the Shulh Concept. This research is qualitative research where the type of empirical legal research. The data analysis technique in this research, namely by collecting data, then the data is recorded, then it will be presented in the form of a narrative conclusion. The conclusion from this study is that the cause of this dispute occurs because when providing data on prospective customers it is not transparent, dishonesty of information, then problems with economic conditions, and the circumstances of the customer's family are appropriate for the sharia financing. Then for the pattern that is the right product of sharia financing by means of the Shulh concept, namely by the way the local village head presents both parties and discusses the origin of the problem, then all forms of debt left by the wife are repaid by the husband by making a black and white agreement reinforced with a stamp.

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“…Basically, disputes occur in the Islamic economic environment, especially Islamic banking, due to inequality between groups or individuals which results in violations of the initial agreement on disrupted rights agreements (Hasanah, Ja'far, and Fasa 2021). Dispute or conflict is a form of disagreement on a point of law of fact of interest between two persons, in the sense that the state of conditions of non-conformity and the absence of understanding with reality give rise to different interests between the two Generally, the cause of a sharia economic dispute is due to several factors such as the following (Suganda 2022): Vol.…”

Section: ) Causative Factors Of the Disputementioning

confidence: 99%

“…Shulhu Concept Analysis for Appropriate Product … JIOSE: Jurnal of Indonesian Sharia Economics https://journal.ipmafa.ac.id/index.php/jiose 151 c. Civil law In today's era, there are legal regulations that are used as a basis for resolving a sharia economic dispute that can be implemented, namely the Civil Law (Civil Code in Article 1338) (Hasanah, Ja'far, and Fasa 2021). In the Article it is explained that "All forms of agreement of a contract made by both parties that must be in accordance with the regulations of a law they make.…”

Section: ) Legal Basis For Sharia Economic Dispute Settlementmentioning

confidence: 99%

Shulhu Concept Analysis for Appropriate Product Dispute Resolution in Sharia Financing

Lubis,

Aprilia

2023

jiose

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This study focuses on how the pattern of sharia economic dispute resolution that occurs in the right sharia financing products BTPN Syariah MMS Siabu. Researchers want to examine how the pattern of dispute resolution can be resolved. The researcher wants to examine the factors that cause the dispute and analyze it with the shulh concept in the Compilation of Sharia Economic Law at the research locus. This research is qualitative research where the type of empirical legal research. The data analysis technique in this research, namely by collecting data, then directing the data, then it will be presented in the form of a narrative conclusion. The conclusion from this study is that the factors that cause this dispute occur because when providing data on prospective customers there is no transparency, dishonesty of information, then problems with economic conditions, and the circumstances of the customer's family are appropriate for the sharia financing. Then for the pattern that is the right product for Islamic financing in a non-litigation way, namely with a warning system, withdrawing deposit funds, account officers going to the floor, and follow-up analysis. Whereas the method of settlement pattern for BTPN Syariah MMS Siabu's sharia financing products is by the principle of shulh murabaha in the Compliance for Sharia Economic Law, which gives a message of peace by the principles of Islamic teachings if there is a dispute it must be amicable.

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Peran Arbitrase di Bank Syariah dalam penyelesaian Sengketa

Cited by 4 publications

References 0 publications

Legal Certainty In Financial Disputes Case Resolution Progressive Legal Perspective

Legal Certainty In Financial Disputes Case Resolution Progressive Legal Perspective

Konsep Shulh: Penyelesaian Sengketa Produk Tepat Pembiayaan Syariah Btpn Syariah

Shulhu Concept Analysis for Appropriate Product Dispute Resolution in Sharia Financing

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