ANALISIS PUTUSAN HAKIM PENGADILAN AGAMA TERHADAP KASUS EKONOMI SYARIAH (STUDI KASUS PUTUSAN NOMOR 27/Pdt.G/2022/PA YK PENGADILAN AGAMA YOGYAKARTA)

Maranda Sukma Mufatzizah, S.H., NIM.: 21203012052 (2023) ANALISIS PUTUSAN HAKIM PENGADILAN AGAMA TERHADAP KASUS EKONOMI SYARIAH (STUDI KASUS PUTUSAN NOMOR 27/Pdt.G/2022/PA YK PENGADILAN AGAMA YOGYAKARTA). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (ANALISIS PUTUSAN HAKIM PENGADILAN AGAMA TERHADAP KASUS EKONOMI SYARIAH (STUDI KASUS PUTUSAN NOMOR 27/PDT.G/2022/PA YK PENGADILAN AGAMA YOGYAKARTA)) 21203012052_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (3MB) | Preview
	Text (ANALISIS PUTUSAN HAKIM PENGADILAN AGAMA TERHADAP KASUS EKONOMI SYARIAH (STUDI KASUS PUTUSAN NOMOR 27/PDT.G/2022/PA YK PENGADILAN AGAMA YOGYAKARTA)) 21203012052_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

The judicial process aims to produce a decision. This decision is the result of research and analysis of facts by the judge which is based on statutory regulations to find a fair solution to the case. The judge's decision must be respected and have an impact on similar cases in the future. This thesis analyzes Decision No.27/Pdt.G/2022/PA YK which is a sharia economic case regarding mudarabah contracts. In this case, the panel of judges gave a less relevant decision, one of which is as follows: First, pay the principal capital of Rp. 420,203,977.00, whereas in Fatwa Number 07/DSN/MUI/IV/2000 there is no compensation because basically the mudarabah contract is a trust. Second, paying profit sharing amounting to IDR 101,796,750.00, in KHES Article 199 paragraph (2) confirms that the capital owner is not entitled to profit if the business managed by the mudarib experiences losses. Third, pay compensation for the losses suffered by the Plaintiff due to the management of this case amounting to IDR 15,000,000.00, in jurisprudence No: 635 K/Sip/1973 (1974). The lawyer's honorarium in the HIR cannot be charged to the opponent, because the lawyer's services are not mandatory so the decision must be rejected. The formulation of this research problem is: 1) How does the law apply to judges' legal considerations in deciding sharia economic cases at the Yogyakarta Religious Court? 2) What is the judge's decision in sharia economics case Number 27/Pdt.G/2022/PA YK when viewed from the aspects of justice theory, legal certainty and legal benefits?. This type of research is empirical normative research, this research examines the implementation or implementation of positive legal provisions in each particular legal event that occurs in society, while this research approach uses a qualitative approach. This approach is a method of research analysis that produces analytical descriptive data from data collected. stated by the respondent in writing or orally. The results of this research show that the judge determined Defendant I to compensate the Plaintiff for breach of contract, while the results of the legal considerations contained inconsistencies with applicable regulations, such as the use of the legal basis for the mudarabah contract which was less specific. The conclusion from this research is that the application of the law in the judge's legal considerations is not in accordance with the aspects of the problem that occurred, thus having an impact on the results of his decision. From the aspect of justice, Hans Kelsen's theory of decision No.27/Pdt.G/2022/PA YK does not fulfill the values of justice because a just law is created from the law as regulations for its implementation which are truly in accordance with the positive legal order. From Gustaf Radburch's theory regarding legal certainty which is still not appropriate, it should be noted that this principle emphasizes a precise and clear legal basis for dealing with issues that arise in society. Meanwhile, according to Jeremi Bentham regarding the legal usefulness, this decision does not fulfill legal usefulness because basically the law can be said to be useful if the law can be useful to society and for the future.

Share this knowledge with your friends :

Actions (login required)

View Item