TY  - THES
N1  - Promotor: Prof. Dr. H. Agus Moh. Najib, S.Ag., M.Ag. dan Dr. H. Abdul Mujib, M.Ag.
ID  - digilib68362
UR  - https://digilib.uin-suka.ac.id/id/eprint/68362/
A1  - Agus Suprianto, NIM.: 19303012010
Y1  - 2024/07/23/
N2  - 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.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Sengketa Ekonomi
KW  -  Ekonomi Syariah
KW  -  Mediasi (As-Sulh)
M1  - doctoral
TI  - MEDIASI EKONOMI SYARIAH DI LINGKUNGAN PENGADILAN TINGGI AGAMA YOGYAKARTA ; IMPLEMENTASI, PERAN PARA PIHAK DAN KORELASINYA DALAM PENYELESAIAN PERKARA
AV  - restricted
EP  - 265
ER  -