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All Journal International Journal of Islamic Economics and Finance (IJIEF) Journal of Law and Legal Reform
Puneri, Atharyanshah
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Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Dispute Resolution for Islamic Banks in Indonesia Puneri, Atharyanshah
International Journal of Islamic Economics and Finance (IJIEF) Vol 4 (2021): IJIEF Vol 4 (SI), Special Issue: Islamic Banking
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (411.397 KB) | DOI: 10.18196/ijief.v4i0.10084

Abstract

The rapid growth of Islamic banking and finance industry demanded an improvement in term of standards, frameworks, policy, technologies, resources, and guidelines in order to go beyond without compromising the core values of Islam itself. In the context of legal framework of Islamic banking and finance, it is most likely this industry needs to be highly regulated in order to avoid manipulation and abuse by the irresponsible parties. One of the crucial issue in the area of Islamic Banks in Indonesia is regarding about the dispute resolution mechanism for Islamic Banks. Based on Indonesian positive law, there are two alternative dispute resolution mechanisms that can be exercised by parties to settle disputes in cases involving Islamic Financial Institutions (IFIs) namely through litigation or non-litigation. Litigation comes under the jurisdiction of the Religious Court. Researcher in this study are look deeper into the dispute resolution mechanism for Islamic Banks in Indonesia, as well as going through some decided cases. And based on the study done, it was found that alternative dispute resolution mechanism is more effective to resolve Islamic Banks dispute rather than litigation. In the future, researchers may conduct more research to examine deeper about the dispute resolution mechanism for the whole Islamic Economics and Finance in Indonesia. Moreover, researchers need to look at the regulators' and legislators’ perception towards dispute resolution and legal environment.
Comparison of The Law of Contract Between Islamic Law and Indonesian Law Puneri, Atharyanshah
Journal of Law and Legal Reform Vol 2 No 1 (2021): Contemporary Issues on Law and Justice
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i1.39036

Abstract

In every legal transaction, contract is the crucial things that must be made between all the parties. Because the contract is the realization of the agreements between the parties. and that contract are binding the parties inside the agreements. The purpose of this paper is to analyze the law of contract from two different laws, which are Islamic Law and Indonesian Law. It can be found that there are some similarities as well as differentiation between Islamic Law and Indonesian Law when it comes to governing about contracts.
Dispute Resolution for Islamic Banks in Indonesia Puneri, Atharyanshah
International Journal of Islamic Economics and Finance (IJIEF) Vol 4 (2021): IJIEF Vol 4 (SI), Special Issue: Islamic Banking
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (411.397 KB) | DOI: 10.18196/ijief.v4i0.10084

Abstract

The rapid growth of Islamic banking and finance industry demanded an improvement in term of standards, frameworks, policy, technologies, resources, and guidelines in order to go beyond without compromising the core values of Islam itself. In the context of legal framework of Islamic banking and finance, it is most likely this industry needs to be highly regulated in order to avoid manipulation and abuse by the irresponsible parties. One of the crucial issue in the area of Islamic Banks in Indonesia is regarding about the dispute resolution mechanism for Islamic Banks. Based on Indonesian positive law, there are two alternative dispute resolution mechanisms that can be exercised by parties to settle disputes in cases involving Islamic Financial Institutions (IFIs) namely through litigation or non-litigation. Litigation comes under the jurisdiction of the Religious Court. Researcher in this study are look deeper into the dispute resolution mechanism for Islamic Banks in Indonesia, as well as going through some decided cases. And based on the study done, it was found that alternative dispute resolution mechanism is more effective to resolve Islamic Banks dispute rather than litigation. In the future, researchers may conduct more research to examine deeper about the dispute resolution mechanism for the whole Islamic Economics and Finance in Indonesia. Moreover, researchers need to look at the regulators' and legislators’ perception towards dispute resolution and legal environment.
Comparison of The Law of Contract Between Islamic Law and Indonesian Law Puneri, Atharyanshah
Journal of Law and Legal Reform Vol 2 No 1 (2021): Contemporary Issues on Law and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v2i1.39036

Abstract

In every legal transaction, contract is the crucial things that must be made between all the parties. Because the contract is the realization of the agreements between the parties. and that contract are binding the parties inside the agreements. The purpose of this paper is to analyze the law of contract from two different laws, which are Islamic Law and Indonesian Law. It can be found that there are some similarities as well as differentiation between Islamic Law and Indonesian Law when it comes to governing about contracts.
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