Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ https://download.atl...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
https://download.atlantis-pres...
Article
License: CC BY NC
Data sources: UnpayWall
https://doi.org/10.2991/iclgg-...
Article . 2018 . Peer-reviewed
Data sources: Crossref
versions View all 1 versions
addClaim

This Research product is the result of merged Research products in OpenAIRE.

You have already added 0 works in your ORCID record related to the merged Research product.

THE CHARACTERISTICS OF SHARIA COMPLIANCE IN THE SETTLEMENT OF SHARIA ECONOMIC DISPUTES IN INDONESIA

Authors: Fiska Silvia; Kukuh Leksono; Ghansam Anand;

THE CHARACTERISTICS OF SHARIA COMPLIANCE IN THE SETTLEMENT OF SHARIA ECONOMIC DISPUTES IN INDONESIA

Abstract

According to Article 1 point 12 of Law no. 21 of 2008 (of the Republic of Indonesia) concerning Sharia Banking (Supplement to State Gazette No. 94 of 2008, Supplement to State Gazette No. 4867) explains that Sharia Principles are Islamic Law Principles in banking activities based on Fatwas issued by institutions that set an agreement under Islamic law between any bank and other parties for the fund deposit and / or financing of business activities or other activities declared in accordance with sharia. In a business transaction, the principle of kafah is obligatory, meaning that sharia compliance shall apply from the contract signing until the end of its implementation, including its dispute settlement instrument in case of a sharia economic dispute in the future. As the global economy develops, communities of Islamic law (sharia) in some countries are compelled to contribute to the establishment laws that regulate contracts (sharia-compliant financial documents) as the legal basis for sharia-compliant dispute settlement. On the other hand, law reform in sharia economy seems to be done in order to contribute the improvement of the law (in Indonesia). The parties who have entered into a sharia contract would expect that a dispute settlement be made in compliance with sharia principles, which further detail the settlement arrangements pursuant to sharia (the appropriate legal rules under Islamic sharia / syariah perspective). On 22 December 2016, the Chief Justice of the Supreme Court of the Republic of Indonesia signed the Supreme Court Regulation No. 14 of 2016 concerning Procedures for Sharia-Compliant Dispute Settlement. However, this regulation is still far from meeting the expectations of disputing parties who are bound by sharia contracts and seeking a sharia/kaffah-compliant settlement because some factors therein are still in non-compliance with sharia principles. Therefore, this article will discuss the concept of sharia compliance, as well as non-sharia compliance in dispute settlement in Indonesia.

Related Organizations
  • BIP!
    Impact byBIP!
    citations
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    1
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
gold
Related to Research communities