| dc.description.abstract | Since a contract made by Sharia banking is on the foundation of Islamic
Laws, whenever there is any dispute, the religious jurisdiction institution should
rightfully be entrusted the absolute authority to settle the dispute over economic
Sharia which all parties involved are Muslims and/ or voluntarily obey the Islamic
Laws. The Law No. 21/ 2008 concerning Sharia Banking is principally the legal
umbrella for Sharia banking institutions; in determining the way to settle the sharia
banking dispute, the provisions are stipulated in Article 55 Paragraph (1), (2). and
(3) of Law No. 21/ 2008 concerning Sharia Banking. Therefore, this research was
aimed at studying the factors of why the Law by the District Court is til referred as
an alternative settlement for the sharia banking disputes, why the Constitutional
Court through the Verdict No, 93/PUU-X/2012 abolished the provisions stipulated in
Article 55 Paragraph (2) of Law No, 21/ 2008 concerning Sharia Banking, and how
about the settlement of the Sharia Banking disputes in accordance with the contract
contents after the Constitutional Court Verdict No. 93/PUU-X/2012.
The research applied normative legal research (doctrinal) method with
Analytical description which described and analyzed the settlement for the Sharia
Banking disputes in accordance with the contract contents in the post Constitutional
Court's Verdict No. 93/PUU-X/2012. It also used the statute approach and analytical
approach. The statute approach was used because the resolution for the Sharia
disputes which are in accordance with the contract contents, the subject of this
research, was the Law on Sharia Banking and the Constitutional Court's Verdict No,
93/PUU-X/2012, while the analytical approach was used in order to find out the
settlement for the Sharia Banking disputes after the Constitutional Court Verdict No
93/PUU-X/2012. | en_US |
