Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Authoritative Institution in Disputes Resolution in the Conversion of Conventional Bank to Sharia Bank

Author(s): Muhaimin, Lalu Husni, Lalu Wira

The purpose of this research was to analysis the institution which is authorized to disputes resolution between bank and customers in the conversion of conventional banks to sharia bank according to positive law. This research method uses normative legal research with primary, secondary, and tertiary legal materials, which are collected through documents and literature study, then a descriptive qualitative analysis was carried out through the legal interpretation method to build prescriptive legal arguments in order to obtain deductive conclusions. The result of this research was that the institution authorized dispute resolution between banks and customers in the conversion of conventional banks to Islamic banks by litigation carried out the authority of the Religious Courts, and non-litigation is resolved through deliberation, mediation, and BASYARNAS. The ideal regulatory model in dispute resolution between banks and customers in the conversion of conventional banks to sharia banks according to Positive Law in Indonesia, namely by amendment Article 55 paragraph (1) of Law No. 21/2008 or making a special law Sharia economic dispute resolution, including Islamic banks.

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