Governance is a trait that should be attached to the institutions that perform public services. In Islamic banking, known as sharia governance, so that the principles of sharia could be optimized. But in reality, the Islamic banking practices do not meet the basic principles of the sharia governance. Based on these problems, this paper aims to examine in depth about the urgency of sharia governance; further it also explore the intersection between the sharia governance with the concept of spiritual rights for consumers. This paper using a philosophical approach, juridical, and practical. The result of this study, as a right, that right of spiritual need to get the guaranteed protection of the implementation of sharia governance. Attention to these spiritual rights protections needed to build the Islamic banking industry has high credibility, in order to gain public confidence. Credibility is meant is that if customers have confidence that Islamic banking upholds Islamic principles in operation
The industrial era 4.0 has presented sophisticated online transactions, this has also brought changes to the banking and investment sector in Indonesia. The phenomenon of online transactions in banking and investment practices has made Islamic finance, which prohibits the concept of giving interest or usury, becomes "grey", in other words, unclear or uncertain. There is no prohibition in Islamic law for a contract, which is only related to something that is not certain. However, if something uncertain causes the other party to suffer losses and the other party gains, then it becomes gharar. This study raises a legal issue, namely how gharar practices in banking and investment in Indonesia. The research method used is normative juridical. The results of the study concluded that gharar should be avoided in banking and investment institutions because the practice of gharar has the potential to occur in all (commercial) business contracts. where there is incomplete information due to the uncertainty of both parties who transact and even change something that should be certain to be uncertain. So that to realize a good transaction system according to Islam, it needs support from Muslims, namely by applying the concept of investment in Islam. Islamic financial transactions must be constructed carefully and avoid things that are prohibited by Islam.
Praktek wakaf di masyarakat bagian utara wilayah Jawa Tengah menimbulkan sengketa hukum wakaf. Penelitian menganalisis implementasi Pasal 62 UU No. 41/2004 dalam penyelesaian sengketa wakaf di Jawa Tengah tahun 2016 dan model penyelesaiannya. Jenis penelitian field research dengan sampel penelitian dari wilayah Kabupaten Kendal, Demak dan Kota Semarang. Metode pendekatan yang digunakan adalahyuridis empiris. Hasil penelitian menunjukkan penyelesaian sengketa wakaf di daerah Jawa Tengah Bagian Utara menggunakan metode sesuai Pasal 62 UU Wakaf, yakni jalur litigasi dan non litigasi. Para pihak lebih banyak menggunakan jalur non litigasi melalui musyawarah (23 %) dan melalui mediasi (60,8 %).
The disharmony between the rule of law and the practice money waqf is reason for the renewal of waqf law. The research analyzes the reasons why the renewal money waqf law must be carried out and how the concept of the approach to legal system theory. The benefits can government in implementing the waqf money law policy. Research includes socio-legal research, the empirical juridical approach method. The results showed that the reasons for the renewal of money waqf law were; misunderstanding in money waqf, lack of coordination among money waqf institutions, and the legality of money waqf in LKS-PWU is doubtful. Renewal of waqf money according to the legal system theory approach; legal structure was conduct an open access strategy LKS-PWU. Legal substantion was rules a bout position of the LKS-PWU as nadzir and perfected for the waqf application. Legal culture was socialization of waqf money law in the community.
Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf meaningful in the society. The legal reform of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.
Purpose of the study: The general objective of this study was to explore the potential of the mediation process as a reformulation of Islamic banking dispute settlement after the Supreme Court Regulation (SCR) on mediation procedure in the court. On the one hand, this study tries to find a repositioning of mediation procedures in resolving disputes over Islamic Banking in religious courts. Methodology: This research was normative and empirical. The data collection techniques of this literature would be done utilizing literature study and field research. Primary data was obtained through field research with interviews. The participants from Judges of Religious Court, Abdul Manan as a Judge of in the Supreme Court Institution, Islamic banking legal unit. Data were processed by a qualitative descriptive analysis technique. Secondary data used consisted of primary legal material sourced from SCR No. 1 of 2016 and the contract. Principal Findings: The mediation process as a reformulation of Islamic banking dispute settlement especially in the Religious Court is according to Article 2 Paragraph (1) SCR No. 1 of 2016. The repositioning of mediation procedures in resolving Islamic banking disputes in the Religious Courts applied by making changes as part of the case registration process implemented through honesty, fidelity, and justice. Applications of this study: This paper is essential for the parties to get the legal certainty in maintaining the continuing development of Islamic banking business, product development, risk management and efficiency of the bank. The study may be instrumental in helping to improve the development of the legal studies programs, notably the Islamic Economic Law. The results of this study will provide benefits for the religious court to improve its performance effectively and efficiently in dispute settlement through mediation. Novelty/Originality of this study: Determination of the mediation as reformulation of dispute settlement on Islamic banking post-enactment or issuance of the SCR No. 1 of 2016 and to find out about repositioning of the mediation procedure and proposing changes in the position (repositioning) of the mediation process and reaffirming the roles, duties and accountability of professional mediators or non-judge mediators so that it is expected that the role of non-judge mediators can active in resolving Islamic banking disputes both in procedures in the court or outside the courts applied at the Indonesian Religious Court. The contribution of this paper will be the revision of the curriculum of legal studies and Islamic Economic Law. The importance for researchers of the study is to develop and improve the capability of researchers for developing the law study program called Islamic Economic Law.
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