Execution of Security Rights in Islamic Banking at The Religious Court of Purbalingga

2016 ◽  
Vol 1 ◽  
pp. 287-297
Author(s):  
Nita Triana
Keyword(s):  
Field Research ◽  
Economic Security ◽  
Islamic Banking ◽  
Actual Situation ◽  
Legal Research ◽  
Security Interest ◽  
Final Verdict ◽  
Islamic Economic ◽  
Religious Courts

This article examines the execution of a security interest in Islamic banking in the Islamic economic disputes in  the  Purbalingga  Religious  Court. The case of non-performing loans in the world of Islamic banking is often the case, this was due to the debtor defaults. Mortgages used as collateral can be executed based on the decision of the Religious Court. The method used in this research is a kind of field research with the approach of Socio Legal Research, including in the realm of non-doctrinal study. The results show the execution of a security interest in dispute sharia economy in Purbalingga Religious Court has been run in accordance with the mandate of the Act: On the substance of the Implementation of the decision of execution is the end of a case that is the result of what is required by the plaintiff are determined in a court of Religion with using the guidelines do not separate from the disciplinary proceedings contained in HIR or Rbg. On the  Structure  of  Purbalingga Religious Court  carry out executions by institutions that are available from the start to the filing of the petition to the Chairman of the Religious Courts, judges who will examine the final verdict, Executor who will call and will execute and when the auction Clerk role of the mentor  State Property Office and Auction (KPKNL). Culturally law. Purbalingga Religious Court  carry out the execution-based approaches to religion and culture. This approach proved to facilitate execution. Obstacles that faced in general, form, creditors often receive a guaranteed land and buildings where the land certificate is no longer appropriate to the actual situation, the Debtor is not willing to leave the place right dependents, barriers to the sale of objects auction execution which does not go unsold objects auction / auction. Constraints that normally occurs in the execution of this economic security rights dispute, can be resolved by various reinforcement structures / institutions and culture through the law chosen by the Purbalingga Religious Courts.

Execution of Security Rights in Islamic Banking at the Religious Court of Purbalingga

2018 ◽  
Vol 2 ◽  
pp. 51-61
Author(s):  
Nita Triana
Keyword(s):  
Field Research ◽  
Economic Security ◽  
Islamic Banking ◽  
Actual Situation ◽  
Legal Research ◽  
Security Interest ◽  
Final Verdict ◽  
Islamic Economic ◽  
Religious Courts

This article examines the execution of a security interest in Islamic banking in the Islamic economic disputes in  the  Purbalingga  Religious  Court. The case of non-performing loans in the world of Islamic banking is often the case, this was due to the debtor defaults. Mortgages used as collateral can be executed based on the decision of the Religious Court. The method used in this research is a kind of field research with the approach of Socio Legal Research, including in the realm of non-doctrinal study. The results show the execution of a security interest in dispute sharia economy in Purbalingga Religious Court has been run in accordance with the mandate of the Act: On the substance of the Implementation of the decision of execution is the end of a case that is the result of what is required by the plaintiff are determined in a court of Religion with using the guidelines do not separate from the disciplinary proceedings contained in HIR or Rbg. On the  Structure  of  Purbalingga Religious Court  carry out executions by institutions that are available from the start to the filing of the petition to the Chairman of the Religious Courts, judges who will examine the final verdict, Executor who will call and will execute and when the auction Clerk role of the mentor  State Property Office and Auction (KPKNL). Culturally law. Purbalingga Religious Court  carry out the execution-based approaches to religion and culture. This approach proved to facilitate execution. Obstacles that faced in general, form, creditors often receive a guaranteed land and buildings where the land certificate is no longer appropriate to the actual situation, the Debtor is not willing to leave the place right dependents, barriers to the sale of objects auction execution which does not go unsold objects auction / auction. Constraints that normally occurs in the execution of this economic security rights dispute, can be resolved by various reinforcement structures / institutions and culture through the law chosen by the Purbalingga Religious Courts.

scholarly journals REFORMULATION OF MEDIATION IN DISPUTE SETTLEMENT ON ISLAMIC BANKING

2019 ◽  
Vol 7 (4) ◽  
pp. 184-194
Author(s):  
Dewi Nurul Musjtari ◽  
Benny Riyanto ◽  
Ro’fah Setyowati
Keyword(s):  
Dispute Settlement ◽  
Field Research ◽  
Mediation Process ◽  
Islamic Banking ◽  
Legal Studies ◽  
Economic Law ◽  
The Supreme Court ◽  
Islamic Economic ◽  
Religious Courts ◽  
Scr No

Purpose of the study: The general objective of this study was to explore the potential of the mediation process as a reformulation of Islamic banking dispute settlement after the Supreme Court Regulation (SCR) on mediation procedure in the court. On the one hand, this study tries to find a repositioning of mediation procedures in resolving disputes over Islamic Banking in religious courts. Methodology: This research was normative and empirical. The data collection techniques of this literature would be done utilizing literature study and field research. Primary data was obtained through field research with interviews. The participants from Judges of Religious Court, Abdul Manan as a Judge of in the Supreme Court Institution, Islamic banking legal unit. Data were processed by a qualitative descriptive analysis technique. Secondary data used consisted of primary legal material sourced from SCR No. 1 of 2016 and the contract. Principal Findings: The mediation process as a reformulation of Islamic banking dispute settlement especially in the Religious Court is according to Article 2 Paragraph (1) SCR No. 1 of 2016. The repositioning of mediation procedures in resolving Islamic banking disputes in the Religious Courts applied by making changes as part of the case registration process implemented through honesty, fidelity, and justice. Applications of this study: This paper is essential for the parties to get the legal certainty in maintaining the continuing development of Islamic banking business, product development, risk management and efficiency of the bank. The study may be instrumental in helping to improve the development of the legal studies programs, notably the Islamic Economic Law. The results of this study will provide benefits for the religious court to improve its performance effectively and efficiently in dispute settlement through mediation. Novelty/Originality of this study: Determination of the mediation as reformulation of dispute settlement on Islamic banking post-enactment or issuance of the SCR No. 1 of 2016 and to find out about repositioning of the mediation procedure and proposing changes in the position (repositioning) of the mediation process and reaffirming the roles, duties and accountability of professional mediators or non-judge mediators so that it is expected that the role of non-judge mediators can active in resolving Islamic banking disputes both in procedures in the court or outside the courts applied at the Indonesian Religious Court. The contribution of this paper will be the revision of the curriculum of legal studies and Islamic Economic Law. The importance for researchers of the study is to develop and improve the capability of researchers for developing the law study program called Islamic Economic Law.

scholarly journals Peran Dosen Penasehat Akademik (PA) Prodi Perbankan Syariah Jurusan Syariah dan Ekonomi Islam STAIN Curup Dalam Menangani Permasalahan Mahasiswa

2018 ◽  
Vol 2 (2) ◽  
pp. 133
Author(s):  
Busra Febriyarni
Keyword(s):  
Ethical Issues ◽  
Field Research ◽  
Islamic Banking ◽  
Academic Problems ◽  
Study Program ◽  
Student Mentors ◽  
Study Programs ◽  
Qualitative Descriptive ◽  
Descriptive Approach

This paper raises the issue of how the role of PA lecturers in solving problems of students of Islamic banking study programs majoring in Sharia and Islamic Economics. The method used in this study is field research with a qualitative descriptive approach. The source of important data in this study is the PA lecturer in the Sharia Banking study program which is also called the research informant. The results showed that students had many academic problems, including the problem of taking courses every semester there were pre and no conditions, shortages and excess credits, less cooperative or less familiar with their respective PA lecturers, problems, economics, family there are even personal problems that consult with PA lecturers. The role of PA lecturers in solving the problem of the students in the Islamic Banking study program is quite well, this can be seen from the role of PA lecturers as their student mentors in academic matters that lead to taking courses, as advisors who always remind students in several ways, such as ethical issues , not yet fluent in reading Al-Quran, and as a motivator who always gives motivation to a better future career, their parents' economic problems and their relationship to the late payment of semester fees and others. In general, PA lecturers in the Sharia banking study program have played a role as PA lecturers both as mentors, directors, advisors and motivators in the academic, social, economic and career fields.

Revisiting Companionship and the Socio-Economy of the Islamic Guilds

2021 ◽  
pp. 112-147
Author(s):  
Hasan Shahpari ◽  
Tahereh Alavi Hojjat
Keyword(s):  
Islamic Banking ◽  
Clear Understanding ◽  
Banking And Finance ◽  
Legal Foundation ◽  
History Of ◽  
Conventional Banks ◽  
Islamic Economic ◽  
Craft Guilds ◽  
The Relationship

This chapter is an introduction to the history of the formation of guilds and how they connect them to the religious and social structures that molded them. The craft-guilds are one of the most interesting and characteristic phenomena of medieval Muslim civilization. The guild in Muslim life was built essentially on the idea of the market and based on the needs of the guildsmen. Many different countries officially claim their commitment to Islam and Islamic economics. However, Islam and Islamic economic systems differ significantly from one country to another. Analysis of the Islamic economic system is impossible without a clear understanding of the legal parameters that shaped such a system. The legal foundation of the Islamic society, known as Shari'a, is considered eternally valid and applicable to all times and places. Islamic laws not only provide society with collections of laws and prescriptions which indicate the Islamic path, they also focus on specific human activities and classify them according to their degree of desirability from God's perspective. Different viewpoints on the relationship between religion, culture, and economic performance are investigated here. Finally, the role of the central bank and Islamic banking and finance will be discussed in detail. While Islamic banks play roles similar to conventional banks, fundamental differences exist between the two models. The main difference between Islamic and conventional banks is that the former operate in accordance with the rules of Shari'a, the legal code of Islam. The central concept in Islamic banking and finance is justice, which is achieved mainly through the sharing of risk. Stakeholders are supposed to share profits and losses, and charging interest is prohibited.

Revisiting Companionship and the Socio-Economy of the Islamic Guilds

2016 ◽  
pp. 198-233
Keyword(s):  
Islamic Banking ◽  
Clear Understanding ◽  
Banking And Finance ◽  
Legal Foundation ◽  
History Of ◽  
Conventional Banks ◽  
Islamic Economic ◽  
Craft Guilds ◽  
The Relationship

This chapter is an introduction to the history of the formation of guilds and how they connect them to the religious and social structures that molded them. The craft-guilds are one of the most interesting and characteristic phenomena of medieval Muslim civilization. The guild in Muslim life was built essentially on the idea of the market and based on the needs of the guildsmen. Many different countries officially claim their commitment to Islam and Islamic economics. However, Islam and Islamic economic systems differ significantly from one country to another. Analysis of the Islamic economic system is impossible without a clear understanding of the legal parameters that shaped such a system. The legal foundation of the Islamic society, known as Shari'a, is considered eternally valid and applicable to all times and places. Islamic laws not only provide society with collections of laws and prescriptions which indicate the Islamic path, they also focus on specific human activities and classify them according to their degree of desirability from God's perspective. Different viewpoints on the relationship between religion, culture, and economic performance are investigated here. Finally, the role of the central bank and Islamic banking and finance will be discussed in detail. While Islamic banks play roles similar to conventional banks, fundamental differences exist between the two models. The main difference between Islamic and conventional banks is that the former operate in accordance with the rules of Shari'a, the legal code of Islam. The central concept in Islamic banking and finance is justice, which is achieved mainly through the sharing of risk. Stakeholders are supposed to share profits and losses, and charging interest is prohibited.

scholarly journals Dilema Hakim Pengadilan Agama dalam Menyelesaikan Perkara Hukum Keluarga Melalui Mediasi

2021 ◽  
Vol 4 (1) ◽  
pp. 115-124
Author(s):  
Erie Hariyanto ◽  
Moh. Efendi ◽  
Sulistiyawati Sulistiyawati
Keyword(s):  
Supreme Court ◽  
Research Methods ◽  
Research Method ◽  
Family Law ◽  
Legal Research ◽  
The One ◽  
Religious Courts

This article aims to determine the role of judges in resolving family law cases through mediation in the Religious Courts, where judges have the position as state officials as regulated in Law Number 43 of 1999 concerning Basic Personnel, can also be a mediator in the judiciary. as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures where judges have the responsibility to seek peace at every level of the trial and are also involved in mediation procedures. The research method used in this article uses normative legal research methods. Whereas until now judges still have a very important role in resolving family law cases in the Religious Courts due to the fact that there are still many negotiating processes with mediation assisted by judges, even though on the one hand the number of non-judge mediators is available, although in each region it is not evenly distributed in terms of number and capacity. non-judge mediator.

scholarly journals A BAIXA INCIDÊNCIA DE PESQUISA EMPÍRICA E A CULTURA MANUALESCA COMO OBSTÁCULOS PARA O DESENVOLVIMENTO DO DIREITO

2017 ◽  
Vol 8 (2) ◽  
pp. 247
Author(s):  
José Maria de Morais Borges Neto ◽  
José Eduardo Barroso Colácio ◽  
Fayga Silveira Bedê
Keyword(s):  
United States ◽  
Empirical Research ◽  
Field Research ◽  
Field Studies ◽  
The United States ◽  
Research Development ◽  
Legal Research ◽  
De Se ◽  
Main Factors

O presente estudo busca compreender as razões pelas quais a pesquisa jurídica no Brasil permanece relativamente infensa à pesquisa empírica. Percebe-se que, em outras matrizes jurídicas, como é o caso dos Estados Unidos, a adoção dos estudos de campo já se encontra muito mais incorporada em seu repertório, tendo em vista o papel central da jurisprudência e o modo como ela reverbera na Academia, em termos de análise do discurso produzido pelas suas cortes. No caso do Brasil, muito embora se reconheça uma série de iniciativas relevantes no sentido de promover a adoção da pesquisa empírica no Direito, de modo geral, ainda se tratam de práticas isoladas, fruto dos esforços envidados por grupos de excelência. Compreende-se que a dificuldade de se imiscuir novas práticas de pesquisa de campo no bojo da pesquisa jurídica brasileira tem causas multifatoriais. Para os limites do presente estudo, reflete-se sobre a hipótese de a cultura manualesca – cujo maior esteio reside em meros argumentos de autoridade – constituir um dos principais fatores de inibição à pesquisa empírica. De acordo com essa hipótese, a ser testada em trabalhos posteriores, a tendência dogmatizante dos manuais tornaria a pesquisa jurídica mais autorreferente e menos permeável aos estudos de campo.Palavras-chave: Pesquisa empírica. Desenvolvimento do Direito. Cultura de Manual. Abstract:The present study seeks to understand the reasons why legal research in Brazil remains relatively unfriendly toward empirical research. In other legal domains, such as the case in the United States, the resource of field studies is already much more incorporated into its repertoire, given the central role of jurisprudence and the way it reverberates in the Academy, in terms of analysis of the discourse produced by their courts. In the case of Brazil, although a series of relevant initiatives are recognized to promote the adoption of empirical research in the Law, in general, they are still isolated practices, the result of the efforts made by groups of excellence. It is understood that the difficulty to introduce new field research practices within the scope of Brazilian legal research has many causes. For the limits of the present study, it is reflected on the hypothesis that the textbook culture, whose main foundation are mere arguments of authority, constitutes one of the main factors of inhibition to the empirical research. According to this hypothesis, to be tested in later works, the dogmatic tendency of textbooks would make legal research more self-referential and less permeable to field studies. Keywords: Empirical research. Development of Law. Textbook Culture

Peranan Mediator dalam Penyelesaian Sengketa Ekonomi Syariah di Pengadilan Agama Makassar Kelas 1A

2020 ◽  
Vol 2 (3) ◽  
pp. 62
Author(s):  
Zulkarnain Ahmad ◽  
Nila Sastrawati ◽  
Ashar Sinilele
Keyword(s):  
Field Research ◽  
Research Field ◽  
Third Party ◽  
Data Sources ◽  
Mediation Process ◽  
Peaceful Settlement ◽  
The Supreme Court ◽  
Islamic Economic ◽  
Two Stages

AbstrakPenelitan ini dilakukan dengan tujuan untuk mengetahui peranan mediator dalam menyelesaikan sengketa ekonomi syariah melalui mediasi di Pengadilan Agama Makassar Kelas 1A, Jenis penelitian yang digunakan dalam penelitian ini adalah kualitatif yang berbentuk penelitian lapangan (field research), dengan menggunakan pendekatan secara empiris. Sumber data penelitian ini adalah data dan wawancara kepada hakim ekonomi syariah yang memiliki serfikat mediator di Pengadilan Agama Makassar kelas 1A. Hasil penelitian menunjukkan bahwa peranan dan proses mediator dalam penyelesaian sengketa ekonomi syariah sudah sesuai dengan ketentuan Perma Nomor 1 Tahun 2016. Proses dan peranan tersebut, yaitu melalui mediasi di Pengadilan Agama Makassar Kelas 1A, Dalam proses mediasi dilakukan dengan cara membuat resume kemudian kedua pihak menyampaikan dua isi pokok resume yaitu perkara yang sedang diperkarakan dan solusi tawaran untuk penyelesaian secara damai. Prosedur dan tahapan mediasi dalam perkara perdata pada umumnya, diatur dalam pasal 3 sampai pasal 14 peraturan mahkamah Agung RI No. 2 Tahun 2003 jo PERMA Nomor 1 Tahun 2008 tentang Prosedur mediasi di pengadilan, dan PERMA Nomor 1 Tahun 2016 Tentang Prosedur Mediasi di Pengadilan. Mediasi di Pengadilan dibagi dalam dua tahap yaitu tahap pra mediasi dan tahapan pelaksanaan mediasi. Tahapan pramediasi adalah tahap dimana para pihak menunjuk mediator sebagai pihak ketiga yang akan membantu menyelesaikan sengketa mereka. Sehingga peranan mediator dala memediasi sengketa ekonomi syariah yaitu dengan dua cara, Hanya sebagai fasilitator yang mengatur kelancaran proses mediasi (facilitative approach).Kata Kunci: Mediator, Pengadilan Agama, Sengketa Ekonomi. AbstractThe type of research used in this study was qualitative. in the form of field research (field research), using an empirical approach. The data sources of this research are data and interviews with sharia economic judges who have a mediator certificate at the Class 1A Makassar Religious Court. The results show that the role and process of the mediator in settling sharia economic disputes are in accordance with the provisions of Perma No.1 of 2016. The process and role, namely through mediation at the Class 1A Makassar Religious Court, in the mediation process is carried out by making a resume then both parties submit the two main contents of the resume, namely the case being litigated and the solution offered for a peaceful settlement. The procedures and stages of mediation in civil cases in general are regulated in article 3 to article 14 of the Supreme Court Regulation No. 2 of 2003 in conjunction with PERMA Number 1 of 2008 concerning mediation procedures in court, and PERMA Number 1 of 2016 concerning Mediation Procedures in Courts. Mediation in court is divided into two stages, namely the pre-mediation stage and the mediation stage. The pre-mediation stage is the stage where the parties appoint a mediator as a third party who will help resolve their dispute. So that the role of the mediator in mediating Islamic economic disputes is in two ways, only as a facilitator who regulates the smoothness of the mediation process (facilitative approach).Keywords: Economic Dispute, Mediator, Religious Court.

scholarly journals Upaya Perlindungan Konsumen terhadap Akad Klausula Baku (Studi pada Pengadilan Agama Makassar Klas IA)

2018 ◽  
Vol 5 (2) ◽  
pp. 187
Author(s):  
Disa Nusia Nisrina
Keyword(s):  
Case Studies ◽  
Financial Institutions ◽  
Subject Matter ◽  
Field Research ◽  
Islamic Banking ◽  
Standard Contract ◽  
Consumer Rights ◽  
Islamic Financial Institutions ◽  
The Subject

Penerapan akad klausula baku semakin banyak seiring berkembangnya berbagai macam bentuk transaksi dalam perbankan syariah dan lembaga keuangan Islam lainya, akad baku masih sering menggunakan klausula eksemsi yang mengandung pembatasan tindakan kepada konsumen dalam melakukan kegiatan bisnis, hal ini sering memicu terjadinya konflik atau sengketa dalam perjanjian. Sehingga, jika terjadi sengketa antara konsumen dengan lembaga keuangan syariah khususnya perbankan syariah maka dibutuhkan peran pengadilan agama dalam melindungi hak-hak konsumen. Pokok masalah yang dikaji dalam penelitian ini adalah bagaimana upaya perlindungan konsumen terhadap akad klausul baku di Pengadilan Agama kota Makassar?. Metode yang digunakan dalam artikel ini adalah lapangan (field research kualitatif) dengan pendekatan teologis-Syari, dan yuridis-normatif, serta studi kasus. Setelah penelitian dan pengkajian dilakukan maka ditemukan bahwa, hakim memiliki upaya korektif untuk memperbaharui akad baku yang memberatkan konsumen dalam menjalankanya, upaya tersebut diharapkan dapat melindungi hak-hak konsumen, diantara bentuk upaya korektif tersebut adalah rescheduling yakni penjadwalan ulang, reconditioning merupakan persyaratan kembali dan restrukturisasi adalah penataan ulangThe implementation of standard contract is increasing as various forms of transactions develop in Islamic banking and other Islamic financial institutions, standard contract still often use exclusion clauses that contain restrictions on actions for consumers in conducting business activities, this often triggers conflicts or disputes in agreement. So, if there is a dispute between consumers and Islamic financial institutions, especially Islamic banking, the role of Islamic courts is needed in protecting consumer rights. The subject matter examined in this study is how to protect consumers against the standard clause contract in the Makassar City Religion Court?. The method used in this article is a field (field research qualitative) with a theological-Syari approach, and juridical-normative, as well as case studies. Upon research and  accomplishment of this study it is found that, the judge has a corrective effort to renew the standard contract which is burdensome for the consumer in carrying out it. The effort is expected to protect consumer rights. Among the corrective efforts is rescheduling, reconditioning and restructuring

scholarly journals KONTRIBUSI MAJELIS ULAMA INDONESIA DALAM PROSES PEMBENTUKAN DAN IMPLEMENTASI UNDANG-UNDANG NOMOR 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH

El Dinar ◽  
2014 ◽  
Vol 1 (02) ◽  
Author(s):  
Faridatus Suhadak ◽  
Eko Priadi
Keyword(s):  
Rapid Development ◽  
Legal Framework ◽  
Assessment Process ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Control Functions ◽  
Islamic Economic ◽  
Regulatory Functions ◽  
And Control

<p>In response to the rapid development of Islamic economic, especially in Islamic banking, hence made Act number 21 Year 2008 on Islamic Banking. Thus, the Act No. 21 year 2008 is a legal framework for the implementation of Islamic Banking in Indonesia. The enactment of Law No. 21 year 2008 is certainly can not be separated from the role of the Indonesian Ulama Council who have contributed substantially in supporting and patronizing Islamic Banking. This study is a normative research with qualitative approach that resulted the role of Indonesian Ulama Council in the formulation Act No. 21 year 2008. First, the involvement of National Shariah Council (DSN - MUI) in the assessment process, deepening and refinement of the substance of the formulation of Islamic Banking. Second, the recommendation and statement issued by the MUI related to the Act Number 21 Year 2008 on Islamic Banking. The MUI’s role in the implementation of Act No. 21 year 2008 on Islamic Banking consists of two functions, i.e. regulatory functions are realized in the form of DSN - MUI fatwas related to Islamic Banking and control functions are realized in the form of DSN - MUI authority to recommend DPS in Islamic banks, give warning to non-compliant Islamic banks and propose to the authority to take action if the warning is ignored. This study recommends the need for effective coordination between the DSN - MUI with other stakeholders regarding fatwas/regulations produced to be implemented well.</p> <p> </p>

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