Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta
<p>Limited information, experience, and very low economic conditions are the background of business dispute cases, especially in Islamic mortgages. Business dispute cases, including Islamic mortgage, have so far been resolved using non-litigation settlements using Alternative Dispute Resolutio...
| Main Authors: | , , , |
|---|---|
| Format: | Article |
| Language: | Arabic |
| Published: |
Universitas Darussalam Gontor
2021-10-01
|
| Series: | Tsaqafah |
| Subjects: | |
| Online Access: | https://ejournal.unida.gontor.ac.id/index.php/tsaqafah/article/view/6760 |
| _version_ | 1797980182361931776 |
|---|---|
| author | Mulyono Jamal Akhmad Afandi Mahfudz Syamsuri Syamsuri Resi Handayani |
| author_facet | Mulyono Jamal Akhmad Afandi Mahfudz Syamsuri Syamsuri Resi Handayani |
| author_sort | Mulyono Jamal |
| collection | DOAJ |
| description | <p>Limited information, experience, and very low economic conditions are the background of business dispute cases, especially in Islamic mortgages. Business dispute cases, including Islamic mortgage, have so far been resolved using non-litigation settlements using Alternative Dispute Resolution (ADR), it is considered easier, does not incur expensive costs, is familial, and achieves the goal of dispute resolution, namely win-win solutions. Settlement of disputes using this method has been regulated in Law Number 30 of 1999 concerning arbitration and alternative dispute resolution. In this case, the Yogyakarta Ombudsman as one of the non-litigation institutions also takes part in resolving disputes non-litigation. This study aims to analyze the method used, namely alternative dispute resolution in resolving disputes over sharia mortgage loans. Finally, this research finds that in the process of resolving disputes over sharia mortgages with alternative dispute resolution, the method of consultation, negotiation, mediation, and expert judgment is used. The alternative dispute resolution method prioritizes peace and a win-win solution or conditions that are favorable to the parties, but in this case, the non-litigation dispute resolution method does not succeed in bringing about peace or a win-win solution.</p> |
| first_indexed | 2024-04-11T05:50:21Z |
| format | Article |
| id | doaj.art-d0f681c14976404f94924cfd81f18d81 |
| institution | Directory Open Access Journal |
| issn | 1411-0334 2460-0008 |
| language | Arabic |
| last_indexed | 2024-04-11T05:50:21Z |
| publishDate | 2021-10-01 |
| publisher | Universitas Darussalam Gontor |
| record_format | Article |
| series | Tsaqafah |
| spelling | doaj.art-d0f681c14976404f94924cfd81f18d812022-12-22T04:42:05ZaraUniversitas Darussalam GontorTsaqafah1411-03342460-00082021-10-0117120722810.21111/tsaqafah.v17i1.67602988Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution YogyakartaMulyono Jamal0Akhmad Afandi Mahfudz1Syamsuri Syamsuri2Resi Handayani3Universitas Darussalam GontorUniversitas Darussalam GontorUniversitas Darussalam GontorUniversitas Darussalam Gontor<p>Limited information, experience, and very low economic conditions are the background of business dispute cases, especially in Islamic mortgages. Business dispute cases, including Islamic mortgage, have so far been resolved using non-litigation settlements using Alternative Dispute Resolution (ADR), it is considered easier, does not incur expensive costs, is familial, and achieves the goal of dispute resolution, namely win-win solutions. Settlement of disputes using this method has been regulated in Law Number 30 of 1999 concerning arbitration and alternative dispute resolution. In this case, the Yogyakarta Ombudsman as one of the non-litigation institutions also takes part in resolving disputes non-litigation. This study aims to analyze the method used, namely alternative dispute resolution in resolving disputes over sharia mortgage loans. Finally, this research finds that in the process of resolving disputes over sharia mortgages with alternative dispute resolution, the method of consultation, negotiation, mediation, and expert judgment is used. The alternative dispute resolution method prioritizes peace and a win-win solution or conditions that are favorable to the parties, but in this case, the non-litigation dispute resolution method does not succeed in bringing about peace or a win-win solution.</p>https://ejournal.unida.gontor.ac.id/index.php/tsaqafah/article/view/6760business disputes, non-litigation resolution, alternative dispute resolution, islamic mortgage. |
| spellingShingle | Mulyono Jamal Akhmad Afandi Mahfudz Syamsuri Syamsuri Resi Handayani Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta Tsaqafah business disputes, non-litigation resolution, alternative dispute resolution, islamic mortgage. |
| title | Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta |
| title_full | Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta |
| title_fullStr | Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta |
| title_full_unstemmed | Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta |
| title_short | Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta |
| title_sort | analysis of alternative dispute resolution in non litigation dispute resolution on islamic mortgage at the ombudsman institution yogyakarta |
| topic | business disputes, non-litigation resolution, alternative dispute resolution, islamic mortgage. |
| url | https://ejournal.unida.gontor.ac.id/index.php/tsaqafah/article/view/6760 |
| work_keys_str_mv | AT mulyonojamal analysisofalternativedisputeresolutioninnonlitigationdisputeresolutiononislamicmortgageattheombudsmaninstitutionyogyakarta AT akhmadafandimahfudz analysisofalternativedisputeresolutioninnonlitigationdisputeresolutiononislamicmortgageattheombudsmaninstitutionyogyakarta AT syamsurisyamsuri analysisofalternativedisputeresolutioninnonlitigationdisputeresolutiononislamicmortgageattheombudsmaninstitutionyogyakarta AT resihandayani analysisofalternativedisputeresolutioninnonlitigationdisputeresolutiononislamicmortgageattheombudsmaninstitutionyogyakarta |