Family, Andrea Nuansa Sangtyas and , Wardah Yuspin, S.H., M.Kn., Ph.D (2020) Menakar Hak Konstitusional Nasabah Dalam Dalam Mendapatkan Kepastian Hukum Penyelesaian Sengketa Ekonomi Syariah Pasca Keluarnya Putusan Mk No. 93/Puu-X/2012. Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Islamic economy has experienced tremendous development in recent years. This is indicated by the existence of new financial institutions that are superior in financial or social terms. However, in its development, Islamic banking faces a number of challenges that must be faced with strategic steps. For the settlement of disputes, the Sharia economist has the authority to provide the Religious Court. However, the rapid growth of sharia banking and financial institutions does not guarantee that many sharia economic disputes will be brought to the Religious Courts. This is because there is an option for settlement outside the Religious Court. However, now, the option to resolve one of the sharia economic disputes in the form of sharia banking which previously could choose an option through the District Court or Arbitration Board has been abolished by the Constitutional Court decision No. 93 / PUU-X / 2012 dated 23 August 2013. Despite the issuance of the Constitutional Court Decision No. 93 / PUU-X / 2012, however, there are still disputing parties in resolving sharia banking disputes to the District Court, where the dispute is the authority of the Religious Court so that the customer's constitutional rights to obtain legal certainty are not guaranteed. This study aims to find out how the constitutional rights of the parties are as well as ways to obtain legal certainty for the parties in an Islamic Economic dispute. The method used is the empirical juridical method. The results showed that there were still people who submitted Sharia economic dispute resolution to the District Court, but all of them were rejected by the District Court. The constitutional rights of the community in terms of legal certainty are also sufficiently guaranteed, with the decisions that reject settlement in the District Court. This decision strengthens the Constitutional Court decision No. 93 / PUU-X / 2012 which states that only the Religious Courts are authorized in the litigation process for Islamic economic disputes.
| Item Type: | Karya ilmiah (Skripsi) |
|---|---|
| Uncontrolled Keywords: | islamic economics, dispute resolution, legal certainty |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | ANDREA NUANSA SANGTYAS FAMILY |
| Date Deposited: | 15 Jan 2021 03:15 |
| Last Modified: | 15 Jan 2021 03:15 |
| URI: | http://eprints.ums.ac.id/id/eprint/88418 |
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