| Summary: | This study aims to determine the forms of Islamic finance dispute
resolution through both litigation and non litigation in accordance with laws
and regulations applicable and in terms of contract law, whether religious
courts still have the right to examine and decide the case if the customer an
Islamic religious non-Muslims and to determine the competence of judicial
authorities for deciding the case of Islamic banking and legal certainty of the
decision.
This study uses a normative juridical approach. In this study data
collecting technique done with literature study and further analyzed in a
qualitative way to get clear answers to the problems under study.
That the Islamic economic disputes can be done through litigation or
non litigation depends on where the parties agree in the contract. Religious
courts have the authority of the "major" Islamic economics in resolving
disputes as mandated by Law No. 50 of 2009 on the second amendment of
Law No. 7 of 1989 on the religious court unless the parties agree to resolve
contract through non-litigation such as the Sharia Arbitration Board , the
Indonesian National Arbitration Board or other alternative dispute
resolution in accordance with the Law. 30 of 1999 on arbitration and dispute
resolution. Religious courts are entitled to decide cases involving Islamic one
non-Muslim religious parties, in accordance with the explanation of Article
49 of the Religious Law which states "the term" between the people of the
Islamic faith "to include the person or legal entity on its own voluntarily
subject themselves to the Islamic law on matters under the authority of
religious courts in accordance with the provisions of this Article ". Court
decision regarding the existence of sharia case remain valid, binding and
legal certainty for cases that occurred prior to the issuance of Law. 50 in
2009 although the case was still running and not in kracht van gewijsde.
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