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MEDIASI SENGKETA EKONOMI SYARIAH DI PENGADILAN AGAMA BANTUL : STUDI HUKUM RESPONSIF DAN MAQASID ASY-SYARI‘AH
The phenomenon of the increasing success of mediation in resolving sharia economic disputes at the Bantul Religious Court has attracted scholarly attention, particularly in light of the prevailing perception that court-annexed mediation often functions merely as a procedural formality. Between 2022 and 2024, the mediation success rate at the Bantul Religious Court rose markedly from 15.38% to 61.54%, signaling a paradigm shift in the settlement of sharia economic disputes. Mediation, which was previously regarded as an administrative requirement, has evolved into a substantive mechanism capable of embodying the values of justice and public benefit. This significant increase warrants systematic examination to identify the contributing factors, the methods and approaches employed by mediators, and the manner in which mediation practices are assessed from the perspectives of responsive law and maqāṣid asy-sharīʿah. This study employs a qualitative method with an empirical juridical approach. The data were obtained through direct interviews with mediators at the Bantul Religious Court who handled sharia economic cases in 2024, direct observation, and document analysis, including copies of judicial decisions, official reports, and records from the Case Tracking Information System (SIPP). Data analysis was conducted through the stages of data reduction, data display, and data verification. The theoretical framework is grounded in the theory of responsive law developed by Philippe Nonet and Philip Selznick and the theory of maqāṣid asy-sharīʿah. formulated by Ibn ʿĀshūr, which emphasize substantive justice and assess the extent to which mediation realizes public benefit and equitable peace. The results of this study indicate that the increased success rate of sharia economic dispute mediation at the Bantul Religious Court results from a synergy of effective mediation practices influenced by four key factors: mediator competence, party characteristics, the nature of the case, and institutional support. The mediators employ appropriate methods and approaches, including caucuses, reframing techniques, and persuasive educational strategies, as well as the application of the principles of responsive law and maqāṣid asy-sharīʿah., which embody substantive justice and public benefit in line with the objectives of Islamic law. The implementation of sharia economic dispute mediation at the Bantul Religious Court conforms to the provisions of Supreme Court Regulation (PERMA) Number 1 of 2016 and the objectives of Islamic law, thereby enabling mediation to function as a valid, effective, and equitable legal instrument within the religious court system.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 23203012022 Sarah Khairani Harahap
MEDIASI SENGKETA EKONOMI SYARIAH DI PENGADILAN AGAMA BANTUL : STUDI HUKUM RESPONSIF DAN MAQASID ASY-SYARI‘AH (Text)
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