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All Journal ULUL ALBAB Al-Ahkam IJTIHAD Islamic Ecomonics Journal MUSLIM HERITAGE: JURNAL DIALOG ISLAM DENGAN REALITAS Ziswaf : Jurnal Zakat dan Wakaf Al-Mustashfa Al-Iktisab: Journal of Islamic Economic Law TSAQAFAH EKUITAS (Jurnal Ekonomi dan Keuangan) El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam ISTIKHLAF: Jurnal Ekonomi, Perbankan & Manajemen Syariah Al-Istinbath: Jurnal Hukum Islam
Mulyono Jamal
Fakultas Syariah, Universitas Darussalam Gontor Ponorogo
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Journal : TSAQAFAH

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Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta Mulyono Jamal; Akhmad Afandi Mahfudz; Syamsuri Syamsuri; Resi Handayani
TSAQAFAH Vol 17, No 1 (2021): Islamic Education
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v17i1.6760

Abstract

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.
Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta Mulyono Jamal; Akhmad Afandi Mahfudz; Syamsuri Syamsuri; Resi Handayani
TSAQAFAH Vol. 17 No. 1 (2021): Islamic Education
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v17i1.6760

Abstract

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.
Co-Authors Adinda Muftiviany Nur Jamilah Akhmad Afandi Mahfudz Alfiansyah Topandi Harahap Anwar Fatoni Ayu Ruqoyah Eko Nur Cahyo Ghozali, Mohammad Haerul Akmal Hamid Fahmi Zarkasyi Hendri Setyo Wibowo Iman Nur Hidayat Khasib Amrullah Khurun'in Zahro' Khurun'in Zahro' Mohammad Hanief Sirajulhuda Muhamad Arief Al Hakim Muhammad Aunurrochim Mas'ad Saleh Nur Azizah Latifah Nurul Fathonah Resi Handayani Rusyda Afifah Ahmad Suyoto Arief Syamsuri Tesa Mellina Usmanul Khakim Wahyudi Bakri Yassinta Fitria Ramadhanty