Peran Arbitrase di Bank Syariah dalam penyelesaian Sengketa

<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>

AMNOG Arbitral Awards: Analysis of the Decisions of the Arbitration Board Ten Years after AMNOG Implementation

Aim The analysis investigates the arbitral awards of the last ten years with regards to the characteristics of pharmaceuticals, contractual details and decisions of the arbitration board. Method Arbitral awards until end of 2020 were considered for the analysis. Data were gathered from the arbitral awards, the corresponding G-BA resolutions and the Lauer-Taxe. Results Nearly 50 % of the arbitral awards were based on an additional benefit. Besides the reimbursement price the duration of the contract, sales volume and redemption of the manufacturer’s discount were most commonly set by the arbitration board. Rebates set by the arbitration board seem to be higher than overall AMNOG rebates and appear to vary depending on the extent of the additional benefit. Conclusion While the arbitral awards show a strong variability and individuality a few patterns can be identified.

Analisis Hukum Pelaksanaan Penyelesaian Sengketa Bisnis Dengan Metode Arbitrase Online di Indonesia dan di Singapura

Online arbitration has been carried out by the Singapore International Arbitration Center (SIAC), then SIAC Rules, Arbitration Act of Singapore, and UNCITRAL as a legal basis SIAC already has rules regarding online arbitration. The Indonesian National Arbitration Board (BANI) has practically carried out online arbitration, but the BANI Arbitration Rules & Procedures and Law No.30 of 1999 as the legal basis for BANI do not have clear rules. This writing will discuss the comparison of online arbitration enforcement at SIAC with BANI, how SIAC regulates online arbitration execution and whether it can be adopted for online arbitration arrangements at BANI. This research was conducted using a normative juridical method. The approach used is legislation and comparison. The results of the comparative research on the implementation of online arbitration at SIAC and BANI show that SIAC already has rules that clearly regulate the implementation of online arbitration from arbitration registration, hearings, to online arbitration awards. In the implementation of online arbitration at BANI, BANI online arbitration registration is possible because it has the rules, but in the subsequent process of online examination hearings, and online arbitration awards do not yet have rules that regulate explicitly and clearly. Online arbitration arrangements at SIAC can be adopted into online arbitration procedure law by BANI and the Indonesian Arbitration Law because they do not conflict with other laws in Indonesia.

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

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.

Completion of Legal Conflicts in The Implementation of The Decision of the National Sharia Arbitration Board

The background of the article is the contents of Article 59 paragraph (3) and explanation of paragraph (1) of the Law on Judicial Power. The article authorizes the District Court to implement the decision of the Sharia arbitration body on the resolution of Islamic economic disputes. The article and explanation of the verse contradicts the absolute authority of the Religious Courts regulated in Article 49 letter (i) of the Law on Religious Courts. This shows that, the legislators are not consistent in making laws and regulations, so that it creates legal uncertainty. By applying the normative legal research method to the statute approach and case approach, this article seeks to describe the phenomenon of legal conflicts that occur. From the in-depth analysis it can be concluded that the legal provisions regarding the implementation of the decision of the National Sharia Arbitration Board are regulated in the Arbitration Law, the Judicial Power Act and the Religious Courts Act. The legal substance of the provisions therein enables antinomy or legal conflicts. Antinomy settlement can use the principle of lex specialis derogat legi generali

PENYELESAIAN SENGKETA PERBANKAN SYARIAH DI INDONESIA

The development of financial institutions and syaria banking is so fast, but in terms of legal regulations it still lags. Among the regulations that still need to be improved is the regulation of resolute dispute syaria banking. Where in this case there is still a juridical problem there is dualism of judicial authority in the resolute dispute syaria banking. The results showed that the dispute resolution of syaria banking in Indonesia can be done through two ways, both litigation and non-litigation.Religion Court has the authority to resolve syaria banking disputes on litigation ways, while the non-litigation can be done through deliberation, banking mediation. National Sharia Arbitration Board is the most strategic forum for resolving disputes about banking Sharia outside the court because it could resolve the dispute quickly, simply and at low cost.

PENINGKATAN KUALITAS KOMPETENSI ARBITER SYARI’AH DI BADAN ARBITRASE SYARI’AH NASIONAL (BASYARNAS) WILAYAH DIY

Enhancement of Sharia Arbitrators on Competence Quality in the Yogyakarta Special Region National Sharia Arbitration Board Abstract. The increase in cases resolved at the Yogyakarta Special Region National Sharia Arbitration Board (BASYARNAS DIY), the limitation of Islamic arbitrators, and the lack of expertise of arbitrators in dispute resolution raises issues related to the mastery of Sharia economic law for arbitrators in BASYARNAS DIY region. This community service program aims to increase the knowledge/ competence of expertise for Sharia arbiter in BASYARNAS DIY region, namely by conducting scientific discussions for Arbitrators as a basis for resolving Shariah economic disputes. The method of carrying out this dedication includes the preparation stage of scientific discussion, discussion on enhancing the competence of Sharia Arbitrators supported by pre-test and post-test during training and monitoring of evaluation activities as a reference for feedback for future discussion activities. This program was held on Friday July 26, 2019 in the meeting room of the Master of Law Degrees Program on the 2nd floor of the Postgraduate Building of Universitas Muhammadiyah Yogyakarta. The results of the community service activities were that the discussion went well and smoothly, attended by the BASYARNAS DIY Arbiter and internship students at the BASYARNAS DIY Region. With this discussion activity, the arbiter who previously did not understand about 50 percent related to the resolution of Islamic economic disputes to 100 percent really understood both materially and practically about the resolution of Islamic economic disputes delivered by speakers from the National Sharia Arbitration Board and the Indonesian National Arbitration Board so the arbiter's knowledge has increased significantly.Keywords: Enhancement, Competence, National Sharia Arbitration Board, Arbitrator.Abstrak. Meningkatnya perkara yang diselesaikan di BASYARNAS DIY, terbatasnya jumlah arbiter syari’ah, dan kurangnya keahlian arbiter dalam penyelesaian sengketa maka menimbulkan persoalan terkait penguasaan hukum ekonomi syari’ah bagi para arbiter di BASYARNAS wilayah DIY. Program pengabdian masyarakat ini bertujuan untuk meningkatkan pengetahuan/kompetensi keahlian bagi arbiter syari’ah di BASYARNAS wilayah DIY yaitu dengan cara melakukan diskusi ilmiah bagi Arbiter sebagai dasar dalam menyelesaikan sengketa ekonomi syari’ah. Metode pelaksanaan pengabdian ini meliputi tahap persiapan diskusi ilmiah, diskusi peningkatan kompetensi Arbiter Syari’ah yang didukung dengan pre-test dan post-test pada saat pelatihan dan monitoring evaluasi kegiatan sebagai acuan feedback untuk pelaksanaan kegiatan diskusi kedepannya. Kegiatan pengabdian ini dilaksanakan pada hari jumat tanggal 26 Juli 2019 di ruang sidang Magister Ilmu Hukum di lantai 2 Gedung Pasca Sarjana Universitas Muhammadiyah Yogyakarta. Hasil kegiatan pengabdian ini ialah kegiatan diskusi berjalan dengan baik dan lancar dengan dihadiri oleh Arbiter BASYARNAS DIY dan mahasiswa magang di BASYARNAS Wilayah DIY. Dengan adanya kegiatan diskusi ini maka para arbiter yang sebelumnya kurang memahami sekitar 50 persen terkait penyelesaian sengketa ekonomi syari’ah menjadi 100 persen sangat memahami baik secara materi maupun praktik mengenai penyelesaian sengketa ekonomi syari’ah yang disampaikan oleh narasumber dari Badan Arbitrase Syari’ah Nasional Pusat dan Badan Arbitrase Nasional Indonesia sehingga pengetahuan arbiter mengalami peningkatan secara signifikan.Kata Kunci: Peningkatan, Kompetensi, BASYARNAS, Arbiter.

EXPLORING THE PROGRESSIVE LAW IN THE CONSTITUTIONAL COURT DECISION NO. 93 / PUU-X / 2012 ON TESTING ARTICLE 55 VERSES (2) AND (3) LAW NO. 21 OF 2008 CONCERNING SHARIA BANKING

After the Constitutional Court issued decision No. 93/PUU-X/2012 for testing Article 55 paragraph (2) and (3) of Law No. 21 of 2008 concerning Sharia Banking to Article 28D paragraph (1) of the 1945 Constitution, the Religious Court has regained its authority to settle Islamic banking disputes. In the ruling, the Constitutional Court stipulates that the explanation of Article 55 paragraph (2) is contrary to the 1945 Constitution, and at the same time does not have binding legal force. The cause of the unconstitutionality occurs because the explanation of Article 55 paragraph (2) of the a quo law contains several dispute resolution forums, namely deliberation, banking mediation, National Sharia Arbitration Board or other arbitration and through a general court which makes the court conclude it will cause uncertainty because of the Paragraph (1) has clearly mentioned the Religious Court. This paper wants to know the urgency of progressive law in the Constitutional Court's decision No. 93/PUU-X/2012 also wants to know whether in the Constitutional Court's decision No. 93/PUU-X/2012 has implemented progressive laws.