relation: https://digilib.uin-suka.ac.id/id/eprint/68362/
title: MEDIASI EKONOMI SYARIAH DI LINGKUNGAN PENGADILAN TINGGI AGAMA YOGYAKARTA ; IMPLEMENTASI, PERAN PARA PIHAK DAN KORELASINYA DALAM PENYELESAIAN PERKARA
creator: Agus Suprianto, NIM.: 19303012010
subject: 297.273 Islam dan Ilmu Ekonomi, Perbankan Syariah, Lembaga Keuangan Syariah
description: Sharia economic activities in which disputes occur are the competence of the religious courts. The examination of sharia  economic cases in the religious courts is preceded by mediation  procedures. Mediation is a peaceful process in which the parties to a  dispute submit a settlement with a mediator, to achieve a fair result,  and the results can be accepted by the disputants voluntarily. Data  from the Yogyakarta Religious High Court shows that the success of  mediation is 23%–54%. This figure shows the success of mediation,  whether relatively low or still moderate. Whereas since 2016, there  has been a change in regulation to PERMA No. 1 of 2016, which  emphasizes the empowerment of the parties, the role of the parties,  and the principle of good faith in mediation. The formulation of this  dissertation problem is: How is the application of the legal rules of  mediation in the implementation of the settlement of sharia  economic cases in the Yogyakarta Religious High Court? What is  the role of the parties and their good faith? Why is the success of  mediation low or moderate? How can we optimize mediation in the  settlement of sharia economic disputes?  This research is field research on the basis of sharia economic  case decisions in the Yogyakarta Religious High Court environment  in 2017–2020, with a qualitative method and taking 12 cases, using  a normative juridical approach and an empirical juridical approach.  The author analyzes the court decision using negotiation theory,  good faith theory, and maqa>s}id asy-syari>‘ah theory.  The results of the research are: First, the application of the legal  rules of mediation in the implementation of the settlement of sharia  economic cases, namely there has been no utilisation of peaceful  opportunities outside of overall peace, no one has taken advantage  of the lawsuit to obtain a peace certificate, there is a clash with the  mechanism of execution of Mortgage Rights, there is no  implementation of electronic mediation. Second, the role of the  parties and their good faith which is a key opportunity for the success  of mediation, namely 1). Empowerment of the parties is  characterised by attendance and effective communication. 2. The  parties negotiate using inter-based techniques with four steps O-KO-  K (People, Interests, Options, Criteria). 3) The parties exercised  good faith, with benchmarks on high awareness to find a settlement  solution and not mediate only pro forma. Third, the reasons for low  or moderate mediation success are that the Defendant does not attend  the mediation process, the negotiation process uses competitive  techniques, and there is no good faith from the Defendant / Plaintiff.  Fourth, the idea of optimising mediation in the settlement of sharia  economic disputes is the concept of peace process, namely peace  efforts made by the parties to the dispute by always opening up  opportunities for peace at all levels of the case process, both with the  negotiation mechanism of the parties and negotiations in mediation.
date: 2024-07-23
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/68362/1/19303012010_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/68362/2/19303012010_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Agus Suprianto, NIM.: 19303012010  (2024) MEDIASI EKONOMI SYARIAH DI LINGKUNGAN PENGADILAN TINGGI AGAMA YOGYAKARTA ; IMPLEMENTASI, PERAN PARA PIHAK DAN KORELASINYA DALAM PENYELESAIAN PERKARA.  Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.