Harmonisasi Kewenangan Absolute Pengadilan Agama Dalam Penanganan Kasus Kepailitan Perbankan Syariah

Rettyaningrum, Azizah (2024) Harmonisasi Kewenangan Absolute Pengadilan Agama Dalam Penanganan Kasus Kepailitan Perbankan Syariah. Masters (S2) thesis, Wijaya Kusuma Surabaya University.

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Abstract

Arrangements for resolving sharia banking disputes have become the authority of the Religious Courts, however there are still sharia banking dispute resolutions that are submitted to the District Court. So this situation creates legal uncertainty due to the choice of institutions. The research entitled "Harmonization of the Absolute Authority of Religious Courts in Handling Sharia Banking Bankruptcy Cases" analyzes the appropriate authority of the courts in handling sharia banking bankruptcy cases. Research is a type of normative legal research. By using two problem approaches, the first is the statutory approach. Second, the conceptual approach. Sources of legal materials include primary and secondary legal materials. Legal materials are collected by searching for statutory regulations, reviewing documents, internet searches, and enriching legal literature. The results of this research found that the debt was submitted by the debtor to the court and signed by the debtor together with a legal advisor who had a practice license. The application must also be accompanied by a list of items containing the nature and amount of the debtor's receivables and debts, as well as sufficient evidence. This Constitutional Court decision can provide legal certainty regarding disputes that are currently occurring in the Religious Courts. So there is no longer a question about which institution is more competent in resolving sharia banking disputes, but it is clear that the one with the authority is the Religious Court, not the District Court. This certainty is obtained from the authority given by the government to the Religious Courts. The District Court because it clearly does not have the authority to adjudicate sharia banking disputes and also the decision from the District Court regarding sharia banking disputes can be said to have no legal certainty because after the issuance of the Constitutional Court Decision Number 93/PUU-X/2012 it became null and void because of the Court's Decision The constitution is declaratory, which means that this decision cancels the old law and creates a new legal situation. Based on the conditions above, the advice that can be given by the court which has the authority to resolve sharia banking disputes is the Religious Court. Because the Religious Courts have attributional authority in examining, deciding and resolving sharia banking disputes originating from Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts. Keywords: Harmonization of Authority, Religious Courts, Sharia Banking Bankruptcy Cases

Item Type:	Thesis (Masters (S2))
Uncontrolled Keywords:	Harmonisasi Kewenangan, Pengadilan Agama, Kasus Kepailitan Perbankan Syariah
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Master in Law Sciences Study Program
Depositing User:	00 Perpustakaan UWKS UWKS
Date Deposited:	26 Apr 2024 02:45
Last Modified:	26 Apr 2024 02:45
URI:	http://erepository.uwks.ac.id/id/eprint/18060

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