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EFEKTIVITAS PENYELESAIAN SENGKETA EKONOMI SYARIAH DENGAN SISTEM GUGATAN SEDERHANA DI PENGADILAN AGAMA YOGYAKARTA
The settlement of sharia economic disputes with asmall claim court is one of the forms of legal development that exists in Indonesia based on Supreme Court Regulation (Perma) Number 2 of 2015 jo. Perma Number 4 of 2019 concerning Procedures for Settling Simple Lawsuits accompanied by the issuance of Perma Number 14 of 2016 concerning Procedures for Settling Sharia Economic Disputes as a regulatory basis for filling the legal vacuum in resolving sharia economic disputes in Indonesia. In the Yogyakarta Religious Court, the existence of asmall claim court is more effective in terms of time, cost, certainty of compliance, justice, and accessibility compared to the National Sharia Arbitration Board. So as to find out the factors that influence the effectiveness of the implementation of the system, this research focuses on how the governance and effectiveness of the implementation of the settlement of sharia economic disputes with asmall claim court in the Yogyakarta Religious Court. Translated with DeepL.com (free version)This research is a type of field research, using qualitative analysis that is perspective-analytic, with a juridical-empirical approach. Data collection techniques with observation, interviews and documentation. Furthermore, the data is processed and analyzed using the deductive reasoning method by drawing conclusions from the problems at hand, related to the implementation and problematics of the small claim court in the Yogyakarta Religious Court and then analyzing it using two theoretical frameworks, namely the theory of good governance and M.Friedman's theory of legal effectiveness to get correct and accurate conclusions. From the results of the research during the 2019-2024 period, of the 53 sharia economic cases registered at the Yogyakarta Religious Court, 13 registered cases were resolved through a small claim court. In its implementation, the implementation of the settlement of sharia economic disputes with a small claim court at the Yogyakarta Religious Court is in accordance with Perma Number 2 of 2015 jo. Perma Number 4 of 2019 concerning Procedures for Settling Simple Lawsuits and has applied the principles of good governance. The implementation of the settlement of sharia economic disputes with a small claim court has succeeded in fulfilling the three elements that determine the success of law enforcement, namely legal substance, legal structure, and legal culture. The implementation of the settlement of sharia economic disputes with a small claim court at the Yogyakarta Religious Court, although it still has several obstacles, has achieved the objectives of the small claim court to be more efficient, transparent, and accountable as well as the principle of simple, fast, and low-cost justice with a maximum settlement time limit of 25 days, successfully implemented properly.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
EFEKTIVITAS PENYELESAIAN SENGKETA EKONOMI SYARIAH DENGAN SISTEM GUGATAN SEDERHANA DI PENGADILAN AGAMA YOGYAKARTA (Text)
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297.273 Islam dan Ilmu Ekonomi, Perbankan Syariah, Lembaga Keuangan Syariah