KEWENANGAN ABSOLUT PENGADILAN AGAMA DALAM PENYELESAIAN PERKARA PERBANKAN SYARIAH (KAJIAN TERHADAP PASAL 55 UNDANG-UNDANG NOMOR 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH)

Main Authors: , Prima Aviandi Norman, , Prof Dr. Abdul Ghofur Anshori, SH, MH,
Format: Thesis NonPeerReviewed
Terbitan: [Yogyakarta] : Universitas Gadjah Mada , 2012
Subjects:
ETD
Online Access: https://repository.ugm.ac.id/100263/
http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=56486
Daftar Isi:
  • The objective of this research is to study absolute competence of religious court in relation to agreement between parties and to study case settlement clause in sharia bank agreement in relation to absolute competence of religious court. It used normative study that approach to problem by viewing and analyzing its laws. (1) Absolute competence of religious court related to agreement of parties based on Article 55 Law no 21/2008 on shariah banking and shariah economic law compilation regulated in Article 1 consideration of Supreme Court regulation no 02/2008 where religious court have authority in settling sharia bank dispute and sharia economic dispute in general, along it has not been agreed else in the agreement. (2) Dispute settlement clause in sharia banking in relation to absolute competence indicates that the clause is legal option allowed by article 55 paragraph 2 law No 21/2008 concerning sharia banking. Common agreement of sharia agreement is intended to meet contract freedom principle