%A NIM.: 23203011222 Bunga Annisa, S.H.
%O Dr. Moh. Tamtowi, M. Ag.
%T TINJAUAN YURIDIS MENGENAI STATUS HUKUM BASYARNAS SEBAGAI LEMBAGA ALTERNATIF PENYELESAIAN SENGKETA SEKTOR KEUANGAN BERDASARKAN UNDANG-UNDANG NOMOR 4 TAHUN 2023
%X The National Sharia Arbitration Board (BASYARNAS) serves as a non-litigation
dispute resolution institution based on sharia principles. Its presence offers an
alternative dispute resolution mechanism that is efficient, fair, and aligned with
Islamic values. However, the enactment of Law Number 4 of 2023 concerning the
Development and Strengthening of the Financial Sector, along with OJK
Regulation Number 61 of 2020, has reshaped the landscape of dispute resolution
in the financial sector. These regulations stipulate that non-judicial dispute
resolution may only be conducted by institutions approved by the Financial
Services Authority (OJK). Since BASYARNAS is not registered as a Financial
Services Sector Dispute Resolution Institution (LAPS-SJK), its legal standing and
legitimacy in resolving sharia financial disputes have weakened.
This study employs a juridical-empirical approach using a descriptive qualitative
method. Primary data were collected through interviews with BASYARNAS
arbitrators and staff, while secondary data were obtained from regulations and
academic literature. The analysis focuses on the legal implications of regulatory
changes on the status and function of BASYARNAS.
The findings indicate that the new regulations significantly limit BASYARNAS’s
role and reduce options for sharia-based dispute resolution. This contradicts the
principle of maslahah, as it hampers access to justice aligned with Islamic
values. Therefore, legal reconstruction is needed to formally recognize
BASYARNAS within the national legal system, ensuring its relevance and
authority in resolving Islamic financial disputes.
%K BASYARNAS, Sengketa Ekonomi Syariah, Undang-Undang
Nomor 4 Tahun 2023, Prinsip Maslahah
%D 2025
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib71198