Redi Hadiyanto
Department Of Sharia Economics Law, Faculty Of Sharia, Universitas Islam Bandung, Indonesia

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Journal : Tahkim (Jurnal Peradaban dan Hukum Islam)

PENYELESAIAN SENGKETA EKONOMI SYARIAH MENJADI KEWENANGAN PENGADILAN AGAMA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOM0R 93/PUU-X/2012 Redi Hadiyanto
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 3, No 1 (2020)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v3i1.5644

Abstract

ABSTRACTThis research is motivated by the phenomenon of the Sharia Economic Dispute Settlement which could initially be resolved in a religious court also in the general court. There is no legal certainty. While the legal certainty of each citizen is guaranteed and regulated in the 1945 constitution article 28D paragraph (1), in that article states that the state guarantees the legal certainty of each citizen. The purpose of this study is to understand about the elimination of the explanation of article 55 paragraph 2 of law number 21 years, to reassure the certainty of the law, then law number 21 of 2008 must be tested materially to the Constitutional Court to guarantee the legal certainty of every citizen. The method used in this research is content analysis, namely analyzing the Constitutional Court Decision Number 93 / PUU-X / 2012. In addition, this research also uses sociological and normative-juridical approach. The results showed that the Constitutional Court granted the material test petition submitted by the petitioners, with the result of Constitutional Court decision number 93 / PUU-X / 2012, that the explanation of article 55 paragraph 2 of law number 21 of 2008 was abolished because it did not guarantee the legal certainty of every citizen country. So that after the ruling of the constitutional court is ratified, the Sharia Economic Dispute Settlement case becomes the absolute authority of the religious court, it cannot be processed and decided outside the religious court.Keywords: Sharia Economic Dispute Settlement, Religious CourtsĀ 
ASPEK HUKUM PASAR MODAL SYARIAH DI INDONESIA Redi Hadiyanto; Lina Pusvisasari
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 4, No 2 (2021)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v4i2.8436

Abstract

Along with the development of the times in the capital market experienced several developments such as the existence of the Islamic capital market. Indonesia is one of the countries that has developed a sharia capital market, therefore the role of the government and MUI should be to make legal regulations that regulate and become the basis for capital market activities so that they are in line with sharia principles so that as Indonesian Muslims it is important to know and apply them. This study aims to analyze the legal aspects of the Islamic capital market in Indonesia. The method used in this study is a normative juridical research method with a qualitative approach, analyzing the laws and concepts of the Islamic capital market in Islamic law. The results of the study show that in Indonesia the Islamic capital market was officially launched on March 14, 2003 along with the signing of the MoU and BAPEPAM-LK with the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). In 2003, the DSN-MUI issued a fatwa regarding the permissibility of transactions in the capital market as long as the mechanism and object did not conflict with sharia principles. The fatwas issued by the DSN relate to the general provisions of the sharia capital market, its principles, issuers issuing sharia securities, criteria and types of sharia securities, prohibited transactions and determination of share prices.Keywords: Sharia Capital Market, Sharia Capital Market Law