PENYELESAIAN SENGKETA PEMBIAYAAN MURABAHAH DI BADAN ARBITRASE SYARIAH NASIONAL (BASYARNAS) DAERAH ISTIMEWA YOGYAKARTA

Nida’ul Haque, S.H., NIM.: 20203011012 (2022) PENYELESAIAN SENGKETA PEMBIAYAAN MURABAHAH DI BADAN ARBITRASE SYARIAH NASIONAL (BASYARNAS) DAERAH ISTIMEWA YOGYAKARTA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (PENYELESAIAN SENGKETA PEMBIAYAAN MURABAHAH DI BADAN ARBITRASE SYARIAH NASIONAL (BASYARNAS) DAERAH ISTIMEWA YOGYAKARTA) 20203011012_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (4MB) | Preview
	Text (PENYELESAIAN SENGKETA PEMBIAYAAN MURABAHAH DI BADAN ARBITRASE SYARIAH NASIONAL (BASYARNAS) DAERAH ISTIMEWA YOGYAKARTA) 20203011012_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

The results of this research respons concerns about the procedure and process for resolving murabahah financing disputes at the National Sharia Arbitration Board of Special Region of Yogyakarta. This research discusses the settlement of murabahah financing disputes at the National Sharia Arbitration Board (BASYARNAS) Special Region of Yogyakarta using an analysis of the legal principles of arbitration dispute resolution and Dispute Resolution Procedures at Basyarnas-MUI. This research departs from the existence of Basyarnas as one of the non-litigation dispute resolution institutions in sharia economic cases which is considered lacking in the implementation and management of the institution. This type of research is field research. To answer the research question, the author uses an approach to the legal principles of dispute resolution in arbitration. The author analyzes whether it is appropriate and in accordance with the procedure for submitting and requesting arbitration to the execution of the decision of Basyarnas DIY with the legal principles of arbitration dispute resolution and Procedures for Dispute Settlement Procedures at Basyarnas-MUI. This study uses qualitative methods, while in primary data collection the authors conducted interviews and observations. Meanwhile, for secondary data, the authors obtained from various other sources in order to complete the research data. This research was conducted at the National Sharia Arbitration Board (Basyarnas) of Special Region of Yogyakarta. The implementation of the application for arbitration has complied with the principle of speed in arbitration. The litigation fees paid are in accordance with the determination of the Basyarnas-MUI arbitration fee, but the allocation of the arbitrator's fees is not accepted to the arbitrator but to the institution's operations. Examination and proof are carried out according to the closed and confidential principle. The Arbitrator Council has applied the principles of justice and propriety in giving decisions by giving equal rights to the parties to express opinions, and has applied the principle of deciding cases according to demands and fairly based on propriety. However, the fast principle has not been fulfilled properly due to the implementation of the trial which has to wait for the Arbitrator Council for a long time. All decisions in Basyarnas DIY were carried out properly and voluntarily by the parties so that there was no request for forced execution to the Religious Court. Basyarnas DIY need to improve and tidy up financial administration by allocating arbitrator fees according to their designation, as well as optimizing the functions and duties of the management so that DIY Basyarnas operations become effective.

Share this knowledge with your friends :

Actions (login required)

View Item