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PERTIMBANGAN FILOSOFIS KEPUTUSAN MAJELIS HAKIM DALAM PERKARA EKONOMI SYARIAH (STUDI ANALISIS PUTUSAN No.151/Pdt.G/2024/PTA.JK)
The development of the Islamic economic industry in Indonesia has increased the complexity of legal relationships among parties bound by sharia contracts, which may potentially lead to disputes requiring resolution through judicial mechanisms. The Religious Courts, as institutions possessing absolute authority in resolving Islamic economic disputes, are required not only to apply positive legal provisions but also to integrate sharia principles into their legal considerations. One case that reflects this dynamic is the decision of the Religious High Court of Jakarta Number 151/Pdt.G/2024/PTA.JK concerning a dispute over a mudharabah contract. The main issues addressed in this study are the philosophical foundations underlying the judges’ legal reasoning and the integration of maqāṣid al-sharī‘ah values within the decision. This research aims to analyze the philosophical dimension of judicial reasoning, examine the integration of maqāṣid al-sharī‘ah principles in the process of legal interpretation, and assess the implications of the decision for the development of Islamic economic law in Indonesia. This research employs a normative legal research method using statutory, conceptual, and case study approaches to judicial decisions. The data were obtained from primary legal sources consisting of legislation, court decisions, and fatwas issued by the National Sharia Council of the Indonesian Council of Ulama (DSN-MUI), supported by academic literature related to Islamic economic law. The analytical technique used is qualitative analysis through an interpretative approach to the legal considerations of the panel of judges. The findings show that the panel of judges at the appellate level did not merely focus on the formal aspects of civil procedural law but also considered the philosophical dimension of law by integrating principles of justice, public benefit (maṣlaḥah), and legal certainty. The judges’ reasoning also demonstrates the application of the concept of ijtihād qaḍā’ī in interpreting positive legal norms by referring to the principles of maqāṣid al-sharī‘ah, particularly the protection of property (ḥifẓ almāl) and contractual justice within sharia-based agreements. The decision further affirms the position of DSN-MUI fatwas as normative references in resolving Islamic economic disputes within the Religious Court system. In conclusion, Decision Number 151/Pdt.G/2024/PTA.JK reflects the development of a more progressive and substantive pattern of judicial legal reasoning in resolving Islamic economic disputes. The integration of positive law, principles of fiqh mu‘āmalah, and the values of maqāṣid al-sharī‘ah demonstrates an effort to harmonize Islamic law and national law within the practice of the Religious Courts. This decision contributes to strengthening the jurisprudence of Islamic economic law and reinforces the role of judges in realizing substantive justice within the Indonesian legal system.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 24203011086 Fahmi Mustika Ramadhani
PERTIMBANGAN FILOSOFIS KEPUTUSAN MAJELIS HAKIM DALAM PERKARA EKONOMI SYARIAH (STUDI ANALISIS PUTUSAN No.151/Pdt.G/2024/PTA.JK) (Text)
PERTIMBANGAN FILOSOFIS KEPUTUSAN MAJELIS HAKIM DALAM PERKARA EKONOMI SYARIAH (STUDI ANALISIS PUTUSAN No.151/Pdt.G/2024/PTA.JK) (Other)
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