Penyelesaian Sengketa Bisnis Keuangan Islam Melalui Pengadilan di Malaysia dan Relevansinya dengan Indonesia
Abstract: Islamic financial
transactions, particularly in Islamic banking business, is a new mode of
financial transaction in the nomenclature of the law of contracts. Different
from conventional financial transactions which have been established for a long
time, Islamic financial transaction is a newly introduced and is still evolving
to find out its ideal form. Having said this, dispute settlement for cases
arising from the Islamic financial transactions certainly need sufficient
attention from the judicial authority in Indonesia. If for about fiveteen years
dispute settlement in this matter was under the authority of the Shariah
Arbitration Panel (Basyarnas), today, this dispute settlement can be brought to
the court of juctice. It is made possible by virtue of the issuance of the Act
no. 3 of 2006 on Religious Court and also the approval of the bill of Shariah
Banking Act by the members of parliament. This fact suggests that for Indonesia
necessary preparations pertinent to the court sistems to be rady in hadling the
cases are strongly demanded. In this situation, Malaysia’s experiences in
matters pertinent to dispute settlement of Islamic financial business through
the court is a good case to be learned.
Keywords: Sengketa Bisnis,
Keuangan Islam, pengadilan Malaysia
Penulis: Agus Triyanta, Rusni
Hassan
Kode Jurnal: jphukumdd080033
