PENGATURAN MEDIASI DALAM PENYELESAIAN SENGKETA KEPAILITAN EKONOMI SYARIAH DI PENGADILAN

This study aims to analyze the regulatory framework for mediation in the resolution of bankruptcy disputes related to Sharia economics within the court system. A normative legal research method was employed. The findings indicate that mediation plays a strategic role as a dispute resolution mechanism in court, including in cases involving Sharia economics. However, the application of mediation in bankruptcy cases faces certain limitations because bankruptcy proceedings involve not only the relationship between the debtor and the creditor but also the interests of all creditors, the management and liquidation of the bankruptcy estate, and court authority mandated by law. Consequently, mediation can be most effectively utilized to resolve specific aspects of the dispute that remain open to negotiation and agreement, provided such resolutions do not conflict with mandatory and binding bankruptcy regulations. Furthermore, the mediation mechanism for Sharia-based bankruptcy disputes must consider and integrate Sharia principlesspecifically justice, consultation, good faith, and the public interest. Such an approach is expected to yield dispute resolutions that are more effective, efficient, and equitable, while simultaneously providing legal certainty and protection for the interests of the parties involved.