ANALISIS HUKUM TERHADAP DUALISME PENYELESAIAN SENGKETA EKONOMI SYARIAH PASCA BERLAKUNYA UNDANG-UNDANG NO. 48 TAHUN 2009 TENTANG KEKUASAAN KEHAKIMAN
| Main Authors: | , Abdurrahman Rahim, , Yulkarnain Harahap, S.H., M.Si. |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/90815/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51949 |
Daftar Isi:
- Research on the Analysis of Legal Disputes Settlement Against Sharia Economic Dualism After Ratification of Law No. 48 of 2009 on Judicial Power, aims to determine how the dispute settlement Islamic Bank according to the laws and regulations. Analyzing legal political dispute settlement dualism Shari'ah and banking and the Religious court existence of post-birth Law. 48 of 2009 Concerning Judicial Power This study is library research which is descriptive. Data used comes from primary, secondary and tertiary data, which is consisting of relevant legislation, documents obtained from the study at a research facility, ie library. The data obtained were analyzed using qualitative methods. Further conclusions drawn by using the deductive method. The results of this research is descriptive analytical. In accordance with the analysis of research results, it can be concluded that Islamic Banking solution can be done with, first, the path of litigation (judicial) of the Religious Court and General Court. Second, the path of non-litigation such consultation, mediation of sharia banking, Basyarnas or other arbitration The dualism of the judiciary dispute settlement Islamic Bank caused by the process of making law on Islamic banking are influenced by economics politics and thought Snock Hourgrounje mindset (Dutch Colonial) who wants only the Religious have the civil marriage authorities only. Existence of Religious Courts increasingly eroded by the removal of religious court authority to the General Court of postbirth Law No. 48 of 2009 on Judicial Power in terms of implementing the decision of Basyarnas. Supreme Court removes the authorization of the Religious Court caused by misinterpret the meaning of Article 55 paragraph 3 of Law no. 48 of 2009 on Judicial Power