SHARIA BANKING DISPUTE RESOLUTION MODEL THAT IS EFFECTIVE, EFFICIENT AND FAIR

Sharia banks also target MSMEs through KUR loans, growing like mushrooms in the rain. The small loan value becomes disproportionate if a dispute is resolved through the judicial process. So what is needed by financial service providers and the public is a dispute resolution model that is effective and efficient, fair and certain. Research specifications use descriptive analytical methods, with normative and empirical juridical approaches. The data used is secondary data with data collection techniques through literature studies and field studies, then the data is analyzed using legal interpretation and construction, using qualitative juridical methods. The settlement of sharia economic disputes juridically can be resolved in two ways, namely through litigation and non-litigation. According to the results of the study, currently the KUR guarantor is PT Jamkrindo Syariah under the supervision of the OJK, in practice when there is bad credit Jamkrindo Syariah chooses a non-litigation dispute resolution model by means of deliberation and mediation off line and online based on the good faith of the parties (vide Article 55 of Law Number 21 of 2008 and Perma Number 3 of 2022), so as to fulfill a sense of justice and legal certainty, therefore there is a need for a special legal umbrella for resolving sharia economic disputes outside the Court.

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Publication Details

Journal
Awang Long Law Review
Published
2024-11-30
DOI
https://doi.org/10.56301/awl.v7i1.1390
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
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article

SHARIA BANKING DISPUTE RESOLUTION MODEL THAT IS EFFECTIVE, EFFICIENT AND FAIR

Ummi Maskanah, Sisca Ferawati Burhanuddin, KM Ibnu Shina Zaenudin, Siti Pujiastuti Suhartini
Awang Long Law Review
Islamic Finance and Banking Studies
article

SHARIA BANKING DISPUTE RESOLUTION MODEL THAT IS EFFECTIVE, EFFICIENT AND FAIR

Ummi Maskanah, Sisca Ferawati Burhanuddin, KM Ibnu Shina Zaenudin, Siti Pujiastuti Suhartini
article en

Abstract

Sharia banks also target MSMEs through KUR loans, growing like mushrooms in the rain. The small loan value becomes disproportionate if a dispute is resolved through the judicial process. So what is needed by financial service providers and the public is a dispute resolution model that is effective and efficient, fair and certain. Research specifications use descriptive analytical methods, with normative and empirical juridical approaches. The data used is secondary data with data collection techniques through literature studies and field studies, then the data is analyzed using legal interpretation and construction, using qualitative juridical methods. The settlement of sharia economic disputes juridically can be resolved in two ways, namely through litigation and non-litigation. According to the results of the study, currently the KUR guarantor is PT Jamkrindo Syariah under the supervision of the OJK, in practice when there is bad credit Jamkrindo Syariah chooses a non-litigation dispute resolution model by means of deliberation and mediation off line and online based on the good faith of the parties (vide Article 55 of Law Number 21 of 2008 and Perma Number 3 of 2022), so as to fulfill a sense of justice and legal certainty, therefore there is a need for a special legal umbrella for resolving sharia economic disputes outside the Court.

Awang Long Law ReviewVol. 7(1)
Universitas Pasundan (ID)
Openalex Percentile: Top 57%
Islamic Finance and Banking Studies
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SHARIA BANKING DISPUTE RESOLUTION MODEL THAT IS EFFECTIVE, EFFICIENT AND FAIR — Ummi Maskanah, Sisca Ferawati Burhanuddin, et al. · Awang Long Law Review (2024) | TGRS Research Map | TGRS