scholarly journals Peran Arbitrase di Bank Syariah dalam penyelesaian Sengketa

2021 ◽  
Vol 4 (2) ◽  
pp. 196
Author(s):  
Ulfa Hasanah
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Islamic Banks ◽  
Arbitration Board

<p>The Indonesian muamalah arbitration board was officially established on October 21 1993. Based on the decision letter of the Indonesian Ulama Council no. Kep/09/MUI/XXI/2003 dated December 24, 2003, in the name BAMUI was changed to the National Sharia arbitration body (BASYARNAS). The application of arbitration as a dispute resolution in Islamic banks through the national Sharia arbitration board is a research called normative juridical. Every sharia bank activity must comply with the fatwa of the National Sharia Council of the Indonesian Ulema Council, as well as the resolution of disputes in sharia banks. The National Sharia Arbitration Board has procedural regulations in accordance with the provisions of law number 30 of 1999 concerning arbitration and alternative dispute resolution.<em> </em></p>

scholarly journals Penyelesaian Sengketa antara Bank Sharî‘ah dengan Nasabah Bermasalah melalui Badan Arbitrase Sharî‘ah Nasional (BASYARNAS) menurut UU No. 30 tahun 1999

2015 ◽  
Vol 9 (1) ◽  
pp. 193
Author(s):  
Sulistyowati Sulistyowati
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Legal Rules ◽  
Arbitration Board ◽  
Strong Emphasis ◽  
The Cost

<p>This study deals with dispute settlement between <em>Bank Syari’ah</em> and its customers through the National Shari’ah Arbitration Board (BASYARNAS). It focuses to elaborate the procedures of dispute settlement between <em>Bank Syari’ah</em> and its customers of financing from the perspective of Islamic law according to Bill No. 30/1999 above law No. 30 year 1999. Based on procedures as mentioned in the bill with regard to arbitration and alternative dispute resolution, Basyarnas, in proofing and resolving cases, has fulfilled the procedures and satisfied the conflicting parties with justice, so there is no need to appeal and reconsideration. This means that Basyarnas has conducted dispute resolution according to the existing procedures. The dispute settlement has also been in accordance with the Qur’ân and other Islamic legal rules which consist of the principles of power and mandate applied by the arbitrator in deciding and resolving the dispute. The board—as an independent institution—has setttled the disputes on the basis of justice for all parties, rejected the act of bribery since the cost is measurable. In addition, Basyarnas also gives strong emphasis on the principle of equality, friendship, consistence and response-bility in resolving disputes.</p>

scholarly journals Dispute Resolution for Islamic Banks in Indonesia

2021 ◽  
Vol 4 (SI) ◽  
Author(s):  
Atharyanshah Puneri
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Framework ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Banking And Finance ◽  
Finance Industry ◽  
Positive Law ◽  
Islamic Financial Institutions ◽  
Dispute Resolution Mechanism

The rapid growth of Islamic banking and finance industry demanded an improvement in term of standards, frameworks, policy, technologies, resources, and guidelines in order to go beyond without compromising the core values of Islam itself. In the context of legal framework of Islamic banking and finance, it is most likely this industry needs to be highly regulated in order to avoid manipulation and abuse by the irresponsible parties. One of the crucial issue in the area of Islamic Banks in Indonesia is regarding about the dispute resolution mechanism for Islamic Banks. Based on Indonesian positive law, there are two alternative dispute resolution mechanisms that can be exercised by parties to settle disputes in cases involving Islamic Financial Institutions (IFIs) namely through litigation or non-litigation. Litigation comes under the jurisdiction of the Religious Court. Researcher in this study are look deeper into the dispute resolution mechanism for Islamic Banks in Indonesia, as well as going through some decided cases. And based on the study done, it was found that alternative dispute resolution mechanism is more effective to resolve Islamic Banks dispute rather than litigation. In the future, researchers may conduct more research to examine deeper about the dispute resolution mechanism for the whole Islamic Economics and Finance in Indonesia. Moreover, researchers need to look at the regulators' and legislators’ perception towards dispute resolution and legal environment.

scholarly journals REKONSTRUKSI HUKUM PENYELESAIAN SENGKETA PASAR MODAL SYARIAH: PENGUATAN ASPEK REGULASI UNTUK MEMBERIKAN KEPASTIAN HUKUM

2017 ◽  
Vol 6 (2) ◽  
pp. 297
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Research Methods ◽  
Capital Markets ◽  
Capital Market ◽  
Alternative Dispute Resolution ◽  
Quantitative Research ◽  
Dispute Settlement ◽  
Quantitative Research Methods ◽  
Arbitration Board ◽  
Islamic Economic

The regulation of the Islamic capital market following the rules contained in Law 8/1995 on Capital Market, DSN MUI Fatwa No. 40 / IX / 2003, Bapepam-LK Number IX.A.13, No. IX.A.14, and No. II. K.1 From that rules, nothing has clearly set the Islamic capital market dispute resolution, both litigation and non-litigation resulting in a legal vacuum (leemten in het recht). Islamic economic dispute settlement provisions, including the dispute over the Islamic capital market, is only found in Law 3/2006. Through quantitative research methods, the study sought to harmonize the empty rules at the same time filling thus legal vacuum. The research concluded that the settlement litigation of disputes in Islamic capital markets settled in the Religious Court, while in non-litigation resolved through BASYARNAS (National Sharia Arbitration Board) and / or as other civil disputes can also be resolved through Alternative Dispute Resolution in accordance with Law 30/1999.Keywords: legal vacuum, the Islamic capital market.

scholarly journals Legalitas Kewenangan Badan Arbitrase Nasional Indonesia dalam Penerapan Prinsip Competence-Competence

Acta Comitas ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 261
Author(s):  
Wiratami Wiratami
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Arbitral Tribunal ◽  
Commercial Arbitration ◽  
Arbitration Clause ◽  
Legal Problems ◽  
Arbitration Board ◽  
Research Problems ◽  
Legal Concepts

According to the doctrine of the principle of competence-competence, the arbitration board has jurisdiction to declare itself whether he has the authority to hear and decide on arbitration disputes. What is meant by the determination of jurisdiction is related to the validity of the arbitration clause and the validity of an agreement. The arbitral tribunal has the authority to evaluate or determine the validity of the arbitration agreement or the validity of the arbitration clause if the parties dispute the matter. The principle of competence-competence is one of the principles regarding the jurisdiction of this arbitration board that has been generally and widely accepted as a principle doctrine in international trade arbitration. This principle is one of the principles regarding the jurisdiction of arbitration board that have been widely accepted and generally as a principle in international commercial arbitration. The legal problems in this research relate to the norm vacancies regarding the competence-competence principle in Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (hereinafter abbreviated as AAPS Law).Solving research problems using normative legal methods with a legal approach, cases, and analysis of legal concepts. The results of this reseach that (1) The Indonesian National Arbitration Board has been regulated in article 1 point 8 of the Arbitrtion Law and Alternative Dispute Resolution juncto article 31. (2) The provisions of article 18 paragraph 1 of the rules of the Indonesian National Arbitration Board can be used as the legality of authority in determining the validity of the arbitration agreement, if the agreement of the parties “ is not null and void” or is considered to have never existed in its entirety. Menurut doktrin prinsip comptence-competence, arbitrase mempunyai jurisdiksi didalam menyatakan sendiri apakah arbitrase tersebut mempunyai kewenangan untuk mendengarkan dan memutuskan sengketa arbitrase. Penentuan kewenangan arbitrase terkait dengan keabsahan suatu klausul arbitrase maupun perjanjian arbitrase apabila mereka yang membuat perjanjian mempersoalkan mengenai hal itu.Doktrin prinip competence-competence ini merupakan satu dari sekian prinsip mengenai jurisdiksi arbitrase. Doktrin prinsip ini telah dikenal luas sebagai doktrin prinsip dalam arbitrase perdagangan internasional. Permasalahan hukumnya berkaitan dengan adanya kekosongan norma hukum mengenai prinsip competence-competence dalam Undang-Undang Nomor 30 tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa (selanjutnya disebut UU AAPS). Penelitian ini menggunakan metode hukum normatif dengan pendekatan perundang-undangan, kasus dan analisa konsep hukum. Hasil dari penelitian ini bahwa (1) BANI telah diatur dalam ketentuan Pasal 1 angka 8 UU AAPS juncto Pasal 31. (2) Ketentuan Pasal 18 ayat (1) Peraturan BANI dapat dijadikan landasan legalitas kewenangan BANI dalam menentukan keabsahan perjanjian arbitarse, apabila perjanjian para pihak untuk menyelesaikan sengketa melalui arbitrase tidak “batal demi hukum” atau dianggap tidak pernah ada secara keseluruhan.

scholarly journals IMPLEMENTATION OF DISPUTE SETTLEMENT OUTSIDE THE COURT THROUGH THE INDONESIAN NATIONAL ARBITRATION AGENCY (BANI) BASED ON ISLAMIC JUSTICE

2021 ◽  
Vol 58 (2) ◽  
pp. 1739-1748
Author(s):  
Anis Mashdurohatun, Syaiful Khoiri Harahap, Gunarto
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Free Market ◽  
Secondary Data ◽  
Research Approach ◽  
Legal Certainty ◽  
Free Competition ◽  
Arbitration Board ◽  
Analysis Technique

In the current era of globalization, the economy's most prominent characteristic is the fast-paced nature that drives people to enter the free market and free competition. Proper implementation of what was agreed upon together is the hope of all parties bound in the agreement. Dispute resolution that arises in the implementation of an agreement can be settled through arbitration. The purpose of this study is to examine and analyze the truth about the implementation of dispute resolution outside the court through the Indonesian National Arbitration Board. It has been effective in providing legal certainty and justice. This study uses a sociolegal research approach (sociolegal research approach). The data used are primary and secondary data. In this analysis technique, the steps taken are collecting legal materials, both primary legal materials and secondary legal materials relating to the rule of law related to alternative dispute resolution, which is analyzed descriptively analytically. Research Findings found that the implementation of dispute resolution outside the court has not been effective because it has not provided legal certainty and justice. Weaknesses in the arrangement of third parties outside the arbitration agreement can participate in the dispute resolution process through arbitration, the settlement system, and the cancellation system of arbitration awarding outside the court through the Indonesian National Arbitration Board (BANI). The need for reconstruction of the provisions in Article 36, Article 46, and Article 70 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

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