ANALISIS PERBANDINGAN PUTUSAN HAKIM ATAS SENGKETA EKONOMI SYARIAH DI PENGADILAN AGAMA YOGYAKARTA

Sharah Nur Alfia Syaiful, NIM.: 21203012026 (2023) ANALISIS PERBANDINGAN PUTUSAN HAKIM ATAS SENGKETA EKONOMI SYARIAH DI PENGADILAN AGAMA YOGYAKARTA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Settlement of sharia economic cases and problems in Indonesia based on article 49 of Law of the Republic of Indonesia Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts explains that the Religious Courts have the duty and authority to examine, decide and resolve cases at the first level between people who are Muslim in the field of sharia economics. If we refer to the types and hierarchies as regulated in the provisions of Article 1 number 2 of Law Number 12 of 2011 concerning the Formation of Legislative Regulations, the Compilation of Sharia Economic Law (KHES) is regulated in PERMA Number 2 of 2008 and PERMA Number 14 of 2016 concerning Procedures Sharia Economic Dispute Resolution. Meanwhile, the DSN-MUI Fatwa is not a type of statutory regulation that has binding legal force. The type of research carried out by the author is library research (library research), with a systematic review method in legal research which is positive legal research to interpret and analyze the law. The nature of the research is analytical prescriptive, namely placing the conditions and results of the Religious Courts and then analyzing them to reach conclusions and explaining them in the form of words. The data obtained is systemized according to the discussion and then analyzed to answer the main problem. Secondary data sources in this research are data used to strengthen understanding of primary data sources in the interest of answering research questions to achieve research objectives, which include scientific textbooks, research journals or reports, dictionaries, and expert opinions. The research results show that: First, the use of KHES and DSN-MUI fatwa as the legal basis for judges in deciding sharia economic cases is very common, even though it is still accompanied by the Criminal Code. Second, the judge's decision using KHES has more permanent legal force than the DSN-MUI Fatwa seen from the statutory hierarchy so that it does not allow the public to question the legal strength of the decision.

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