IMPLIKASI HUKUM TERHADAP AKAD YANG MEMUAT KLAUSUL PENYELESAIAN SENGKETA PERBANKAN SYARIAH MELALUI PENGADILAN NEGERI PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012

Abstract

This research aims to determine the legal implications of the agreement on which the sharia banking dispute resolution clause was submitted through the state court's post-decision of the Constitutional Court No. 93/PUU-X/2012. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. The results of the study show that the contract that contains the clause for the settlement of Islamic banking disputes through the District Court after the Constitutional Court decision has the implication of being null and void because it contradicts the contract or causa that is lawful, so that the parties make an addendum so that no future disputes occur.This research aims to determine the legal implications of the agreement that contains the sharia banking dispute resolution clause district court after the court constitution number 93/PUU-X/2012. This research uses normative research by examining the library material or secondary data, then analyzed qualitatively, and the results of data analysis presented with a descriptive method, by providing a true picture of legal implications of the agreement that contains the sharia banking dispute resolution clause district court after the court constitution number 93/PUU-X/2012. This research aims to know the legal implications of the agreement that contains the sharia banking dispute resolution clause district court after the court constitution number 93/PUU-X/2012. This research uses normative research by examining the library material or secondary data, then analyzed qualitatively, and the results of data analysis are presented with a descriptive method, by providing a true picture of the legal implications of the agreement that contains the sharia banking dispute resolution clause district court after the court constitution number 93/PUU-X/2012. Based on the results of the analysis, the conclusion that the legal implications of the agreement that contains the sharia banking dispute resolution clause district court after the court constitution number 93/PUU-X/2012 are as follows: 1) before the birth of the Constitutional Court ruling then the contract or agreement is considered legally valid, 2) after the inception of the Constitutional Court's decision, the contract or agreement is null and void, 3) The contract or agreement is made Prior to the ruling of the Constitutional Court and a dispute after the ruling, the contract or agreement is still considered valid because the perceived problem relates only to the legal settlement clause, called the severability clause. However, if the contract or agreement does not contain a severability clause, the article governing clause of the dispute resolution shall not be applied.