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

Abstract

Legal Framework Model of Sharia Banking Business Dispute Resolution According to Indonesian Law

Author(s): Muhaimin

Dispute resolution was an important thing in the shariah banking business because it was the final solution for resolving the problems of the parties. The research objective was to analysis dispute resolution model and the model legal framework for disputes resolution of shariah banking business in Indonesia. This research was normative legal research using a conceptual and statute approach, which used primary, secondary, and tertiary legal materials, which are collected through document studies for qualitative analysis to get deductive conclusions. The results of this study; Firstly, the sharia banking business dispute resolution model through litigation was carried out through the Religious Court based on Article 49 letter (i) of Law No. 3/2006 and Article 55 paragraph (1) of Law No. 21/2008 and in non-litigation through deliberation, banking mediation, BASYARNAS based on Law No. 30/1999 and aqad as agreed by the parties. Secondly, the legal framework regulation model of Sharia Banking business dispute resolution by revising Article 55 of Law No. 21/2008, namely restoring the authority of the Religious Courts by Article 49 letter (i) of Law no. 3/2006 and specifically for non-Moeslem sharia bank customers, they were given the choice of law to settle the dispute by the contents of the contract agreed upon by the parties, and through special law arrangements in the Sharia banks dispute resolution.

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