| dc.description.abstract | Sharia arbitration is the way of settling a civil dispute outside the court based on
an arbitration agreement which is made in writing by the disputing parties based
on Sharia principles. So far, the arbitration concept is based on Law No. 30 of 1999
on Arbitration and Alternative Dispute Resolution (Arbitration Law). After the
Decision of Constitutional Court which is annulled the provisions contained in Law
No. 21 of 2008 concerning Sharia Banking confirms that all sharia economic
disputes are under the authority pf the Religious Court. However, in practice the
execution of Basyarnas decision is still under the authority of the District Court.
Thus after the constitutional Court Decision, the execution of Basyarnas decision
needs to be reconstructed so that all can be directed to the Religious Court.
This research is a juridical research using two methods which is contain of statue
approach and conceptual approach. This research is trying to trace the laws and
the impact regarding on the execution of Basyarnas Decision. .
Based on this research, can be concluded that the execution of the Basyarnas
decision experienced inconsistencies, until in the end, trough the judicial review of
Law No. 21 of 2008 on Sharia Banking Law, the Constitutional Court confirmed
that all sharia economic dispute resolution including Sharia arbitration was under
the authority of the Religious Courts. In addition, related to the validity of the
execution of the Basyarnas decision before the existence of Perma No. 14 of 2016,
if it is found that the Basyarnas decision has been executed by the District Court,
the decision is legal but no legally binding. Meanwhile, after Perma No. 14 of 2016,
if there is an execution of the Basyarnas decision carried out by the District Court,
then the decision will be illegal and invalid. | en_US |
