EKSISTENSI PENGADILAN AGAMA DALAM PENYELESAIAN SENGKETA BISNIS ”SYARIAH” PERSPEKTIF HUKUM POSITIF DI INDONESIA

Abstract

Purpose of this research is to determine and comprehend dispute settlement in Islamic economic on the perspective of Indonesian positive law and the authority of the religion court in dispute Islamic economic on perspective Indonesian laws. The method used in this research are statute approach, conducted by reviewing all laws and regulations relating the issues discussed; Conceptual approaches, examines the views/ concept of experts concerning the issues discussed. Historical Approach, examines development of the authority of the religion courts in dispute resolution Islamic economic on perspective of Indonesian law. Results of this research are: Islamic economic dispute resolution in the perspective of Indonesian positive law consist of two types of settlement that are pursuant to Islamic law and pursuant to Indonesia positive law. Pursuant to Islamic law consists of Sulh, Tahkim, and Wilayat al-Qadha. Pursuant to the Indonesian positive law consists of Peace and Alternative Dispute Resolution (ADR), Arbitration (tahkim), and court litigation. The authority of the religion court in settling islamic economic disputes on perspective of Indonesian positive law is determined the methods and forms of Islamic banking dispute resolution, absolute and relative competence of religion court, and interpretation of juridical competence of religion court in settling disputes islamic economic.