ANALISIS PUTUSAN HAKIM DALAM SENGKETA EKONOMI SYARI’AH (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 743/Pdt.G/2020/PA.Btl TENTANG GANTI RUGI DAN WANPRESTASI AKAD ISTIṢNA’)

FATHUL BARI, NIM. 17103080092 (2021) ANALISIS PUTUSAN HAKIM DALAM SENGKETA EKONOMI SYARI’AH (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 743/Pdt.G/2020/PA.Btl TENTANG GANTI RUGI DAN WANPRESTASI AKAD ISTIṢNA’). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Bantul Religious Court has decided on the sharia economic dispute case number 743/Pdt.G/2020/PA.Btl. the decision issued by the Bantul Religious Court regarding the default of the istiṣna’ contract, in its lawsuit the plaintiff sued the defendant asking for collateral for land and buildings belonging to the defendant, punishing the defendant to pay material losses, punishing the defendant to pay forced money (dwangsong). However, the panel of judges ruled that this case was unacceptable and the note granted the defendant's exception, stating that the Bantul Religious Court was not authorized to adjudicate the lawsuit for breach of contract and compensation. The formulation of the problem in this study is what is the judge's consideration in deciding case number 743/Pdt.G/2020/PA.Btl, how is the perspective of Islamic economic law on the legal basis of judges in determining case decisions number 743/Pdt.G/2020/PA.Btl. The type of research carried out by the author is library research, with qualitative methods, the data collection technique used is the documentation method. Meanwhile, the analysis of this research uses a deductive mindset and a logical and systematic juridical review, namely the juridical analysis process of the Law in the decision of the Bantul Religious Court number 743/Pdt.G/2020/PA.Btl. Based on the method used in this study, it is concluded that the legal considerations used by the panel of judges in deciding sharia economic disputes in the Bantul Religious Court are Law No. 7 of 1989 as amended by the first amendment to Law No. 3 of 2006 and amended by the second amendment to Law Number 50 of 2009 concerning Religious Courts, Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Fatwa of the National Syari'ah Council number 06/DSN-MUI/IV/2000 concerning buying and selling istiṣna’ and article 181 paragraph (1) HIR. The lawsuit should be filed with a simple lawsuit. The sources of Islamic law used by the panel of judges are the Qur'an and Hadith, but have not used other sources of Islamic law and the decision of the panel of judges in deciding case number 743/Pdt.G/2020/PA.Btl, is in accordance with applicable laws and regulations.

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