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

Abstract

Urgency of the Establishment of a Special Court for the Resolution of Sharia Economic Dispute in the Religious Courts

Author(s): Busyra Azheri

Article 55 of Law Number 21 of 2008 concerning Sharia Banking raises the polemic of law enforcement on sharia economic dispute, since it opens the choice of forum for the parties in dispute resolution. After the decision of the Constitutional Court No. 93/PUU-X/2012 concerning the authority to resolve sharia economic dispute, it is affirmed that the Religious Courts have authority in the settlement of sharia economic disputes. In reality, however, the decision of Constitutional Court is ineffective due to various factors, such as the qualification of judges and the high level of cases to be resolved by the Religious Courts. Therefore, it is necessary to set up a Special Court to resolve the dispute of sharia economy within the Religious Courts so that the matter of choice of forum does not happen again, because theoretically the choice of forum shows the inconsistency of the formation of law. In addition, the choice of forum also influences the competence of the Religious Courts. Thus, the urgency to establish a special court of sharia economic within the Religious Courts is a conviction in an effort to realize an effective and efficient judicial system by promoting the principle of professionalism. The legal construction of the establishment of special courts that resolve sharia economic disputes within the Religious Courts is based on Article 24 paragraph (2) of the 1945 Constitution, Article 1 point 8 and Article 27 paragraph (1), paragraph (2) of Law Number 48 of 2009 on Judicial Power, Article 3A and Article 49 of Law Number 3 of 2006 concerning Amendment to Law Number 7 of 1989 concerning Religious Courts in conjunction with Article 3 paragraph (1), (3) (4) and Article 13B of Law number 50 of 2009 on the Second Amendment to Law Number 7 of 1989 on Religious Courts. It is expected that with the establishment of a special court in the settlement of sharia economic dispute will foster trust and legal certainty to the justice seeker community.