Two Lane Settlement of Sharia Economic Disputes Between Religious Court and National Sharia Arbitration Agency (BASYARNAS)

Abstract

The development of the sharia economy, particularly in the banking sector, both domestically and abroad, is very encouraging. Because of his young age and lack of adequate understanding of various economic practices, Sharia opens the possibility of strife. When there is a Sharia economic dispute, there are two institutions that have the authority to handle the settlement, namely the Religious Court and BASYARNAS. Both institutions, both the religious court and BASYARNAS, have advantages and disadvantages in handling Sharia economic disputes. Openness must be developed from various parties who prefer Islamic shura (consensus) in determining everything and solving problems. Through Shura disputes can be resolved satisfactorily, can still maintain the privacy of the parties, the closer the relationship between the parties, the time can be shortened, the more costeffective, and the relationship between the parties can be improved better. If you see that the resolution of economic disputes through BASYARNAS Syariah can be submitted before resolving disputes through the Religious Courts. Considering the new Shariah economic practices, it still needs to be disseminated in addition to the implementation of sharia economics, it also requires human resources and top-class facilities, as well as a complete constitutional and operational foundation.

Legal Disruption and Sharia Arbitration: Navigating Change, Measuring Impact, and Fostering Innovation

“…The era of disruption tools such as the Legal Audit and Performance System (LAPS) helps measure opportunities and challenges in resolving Sharia Fintech business disputes, ensuring a more efficient resolution process [9]. Cooperation between religious courts and national Sharia arbitration institutions has proven effective in resolving Sharia economic disputes, providing a more comprehensive and efficient settlement process [10]. In the future, the development of electronic courts offers challenges and opportunities in the resolution of Islamic banking disputes, with the need for an effective and secure digital infrastructure to support the settlement process [11].…”

Public Trust in the Religious Court to Handle Dispute of Sharia Economy

“…Second, a study on the judge's consideration and ijitihād in deciding on legal disputes concerning sharia economic cases as an absolute authority (Hudawati, 2020;Osman & Abdillah, 2019;Rosidah & Karjoko, 2021;Sakti et al, 2021;Siswajanthy, 2021). Third, study on settling Islamic economic disputes through alternative resolution: mediation and arbitration through National Sharia Arbitration Board (Badan Arbitrase Syariah Nasional/BASYARNAS) and its correlation with the religious court (Apriyandanu, 2018;Faizal, 2021;Fitriyanti et al, 2020;Minardi, 2020;Rosidah & Mahfiana, 2020;Sulistyowati, 2015) On point three, a few studies tend to analyze the religious court's authority to resolve sharia economic disputes from the legal perspective and the position of the religious court in resolving disputes instead of conciliation, banking mediation and arbitration forums conducted by BASYRNAS or Otoritas Jasa Keuangan/OJK. These studies do not look at how public trust is maintained by sharia practitioners who come to religious courts if they experience conflicts and disputes in sharia economy in order to obtain a fair trial under sharia perspective.…”