PENYELESAIAN SENGKETA AKAD PEMBIAYAAN DI PENGADILAN AGAMA
Journal Title: Tadayun: Jurnal Hukum Ekonomi Syariah - Year 2022, Vol 3, Issue 2
Abstract
This study discusses the settlement of sharia economic disputes in the Religious Courts and discusses the review of sharia economic law in case Number 510/Pdt.G/2020/PA.Pal which is a dispute about the financing contract between the plaintiff (PT.Bank Syariah) and the defendant. This research was designed with normative and empirical juridical methods, using primary and secondary data. The results of this study indicated that the settlement of the sharia economic dispute Case Number 510/Pdt.G/2020/PA.Pal was a simple lawsuit because the nominal amount in dispute was below 500 million, but the examination was carried out by means of an ordinary lawsuit because the case was an occult case. In this case, both parties have entered into an agreement/contract of Murabahah bil Wakalah Number 422-5230/141/ID0010132/08/2017. Furthermore, what was used as the basis for legal considerations by the panel of judges was the evidence submitted by the plaintiff, the Civil Code, KHES and the DSN MUI fatwa. In the results of the decision of the panel of judges in case Number 510/Pdt.G/2020/PA.Pal, it was in accordance with sharia economic principles, namely the principle of divinity and the principle of benefit.
Authors and Affiliations
Uswatun Hasanah, Nasaruddin Mera, Besse Tenriabeng Mursyid,
Keywords
Related Articles
- EP ID EP711813
- DOI https://doi.org/10.24239/tadayun.v3i2.80
- Views 81
- Downloads 0
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