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All Journal INOVATIF: Jurnal Penelitian Pendidikan, Agama dan Kebudayaan Ahkam: Jurnal Hukum Islam
Afrik Yunari, Afrik
Mahasiswa S-2 IAIN Tulungagung
Education Law, Crime, Criminology & Criminal Justice

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CHOICE OF FORUM DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH PASCA TERBITNYA PUTUSAN MAHKAMAH KONSTITUSI NO.93/PUU-X/2012 Yunari, Afrik
Ahkam: Jurnal Hukum Islam Vol 4, No 1 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.561 KB) | DOI: 10.21274/ahkam.2016.4.1.43-56

Abstract

The dispute resolution process which emerges after the issue of theIslamic Banking Law No. 21/2008, has led to occurrence of disputesettlement or contention regarding to the institution for the disputeresolution. The dispute occurs between the Basyarnas with the DistrictCourt or between Basyarnas with Religious Courts or between theReligious Courts with the District Court. This problem occurs due tolegal clarification of Article 55, Paragraph 2 issued by the ConstitutionCourt, which confirms that the article is against the Constitution andhas no binding legal force. This study discusses the possible alternativeof dispute settlement forum in Islamic banking after the publicationof the legal decision of the Constitution Court No. 93/PUU-X/2012,discuss the sharia banking dispute resolution before and after theinception of Act No. 21/ 2008 about Islamic banking, the legal decisionof the Constitution Court No. 93/PUU-X/2012, and the choice ofdispute settlement forum in Islamic banking after publication of thelegal decision of the Constitution Court No. 93/PUU-X/2012.Kata kunci: Choice of Forum, Sengketa Perbankan Syariah, MK No.93/PUU-X/2012
ARBITRASE SEBAGAI LEMBAGA PENYELESAIAN SENGKETA MENURUT UNDANG-UNDANG NO. 30 TAHUN 1999 Yunari, Afrik
Ahkam: Jurnal Hukum Islam Vol 3, No 2 (2015)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (301.546 KB) | DOI: 10.21274/ahkam.2015.3.2.249-264

Abstract

In case of dispute settlement via the outside court, then offered severalalternative dispute resolutions which give the ease with which theprocess is fast, cheap and resolved as well as possible, one of whichuses the process of arbitration. Arbitration is the most interestingoption in order to resolve the dispute in accordance with their wishesand needs. So, resolving disputes through arbitration is regulatedspecifically in Act No. 30/1999 regarding arbitration and alternativedispute resolution. In many civil agreement cases, arbitrate clausewidely used as dispute for resolution options. Legal opinion givenarbitration institutions are independent, final, and binding. Becauseof the opinions given will be the part that is inseparable from theagreement staples. Each of the opposite opinion against the opinionof the law means a violation of the Covenant (breach actions ofcontract-tort). Therefore resistance cannot be made in the form ofany remedy. In this paper discusses about the arbitration as disputeresolution institutions according to act No. 30/1999 which include:understanding of arbitration, the arbitral seat as non litigation, prosand cons of arbitration dispute, the kind that become arbitrationauthority, implementation of the ruling of the arbitration and thestrengths of arbitration decision.Kata kunci: Arbitrase, Lembaga Penyelesaian Sengketa, Undang-Undang No. 30 Tahun 1999
Alternative Dispute Resolution (ADR) Sebagai Penyelesaian Sengketa Non Litigas Yunari, Afrik
INOVATIF: Jurnal Penelitian Pendidikan, Agama dan Kebudayaan Vol. 2 No. 1 (2016): Februari 2016
Publisher : Ali Muchasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (548.964 KB)

Abstract

In Indonesia the settlement of disputes in the business world, such as in trade, banking, mining projects, infrastructure and so on is done through a litigation process that is the process of dispute resolution between the parties conducted in court. But since the passing of Law number. 30 of 1999 on Arbitration and Alternative Dispute Resolution commonly known as Alternative Dispute Resolution (ADR), dispute resolution can be done with non-litigation path that is the dispute resolution outside the court. In the law, it is stated that alternative settlement of disputes outside the court can be done by using methods of consultation, negotiation, mediation, conciliation, or expert judgment. Alternative types of dispute resolution can be chosen by both business people and the public at large to resolve their civil disputes. ADR arises because of the demands of the business world to resolve disputes in simple, quick, and light costs. Although ADR is not considered to be a substitute for dispute resolution mechanisms through litigation, ADR is the answer of legal practitioners who have critical views of the justice system, such as the length of a litigation process in court to achieve final binding, judicial corruption, which is open to the public, the rise of case brokers, and others. Therefore, this paper will discuss Alternative Dispute Resolution (ADR) as a non litigation dispute option.
Muzaro'ah dan Aplikasinya Pada Perbankan Syari'ah Yunari, Afrik
INOVATIF: Jurnal Penelitian Pendidikan, Agama dan Kebudayaan Vol. 2 No. 2 (2016): September 2016
Publisher : Ali Muchasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (533.732 KB)

Abstract

Land is important in the agricultural sector. Islamic teachings suggest that if a person has land, then he must utilize and cultivate it. The cultivation of agricultural land can be done in various ways as has been taught by Islam as well as by way of self-processed by those who have or by way of lending to others to work on. In this case, Islam has a solution of agricultural land use with a system that more shows the values ​​of justice for both parties, namely by sharing profit sharing system using muzara'ah system. This system in syariah bank can be applied as one of financing in agriculture sector. However, in reality the financing of muzara'ah in syar’i banking is still very minimal because from the point of view of the banking sector itself is less attractive to invest. Therefore, this paper will discuss about muzara'ah and its application to syar’i banking.
CHOICE OF FORUM DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH PASCA TERBITNYA PUTUSAN MAHKAMAH KONSTITUSI NO.93/PUU-X/2012 Yunari, Afrik
Ahkam: Jurnal Hukum Islam Vol 4 No 1 (2016)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2016.4.1.43-56

Abstract

The dispute resolution process which emerges after the issue of theIslamic Banking Law No. 21/2008, has led to occurrence of disputesettlement or contention regarding to the institution for the disputeresolution. The dispute occurs between the Basyarnas with the DistrictCourt or between Basyarnas with Religious Courts or between theReligious Courts with the District Court. This problem occurs due tolegal clarification of Article 55, Paragraph 2 issued by the ConstitutionCourt, which confirms that the article is against the Constitution andhas no binding legal force. This study discusses the possible alternativeof dispute settlement forum in Islamic banking after the publicationof the legal decision of the Constitution Court No. 93/PUU-X/2012,discuss the sharia banking dispute resolution before and after theinception of Act No. 21/ 2008 about Islamic banking, the legal decisionof the Constitution Court No. 93/PUU-X/2012, and the choice ofdispute settlement forum in Islamic banking after publication of thelegal decision of the Constitution Court No. 93/PUU-X/2012.Kata kunci: Choice of Forum, Sengketa Perbankan Syariah, MK No.93/PUU-X/2012
ARBITRASE SEBAGAI LEMBAGA PENYELESAIAN SENGKETA MENURUT UNDANG-UNDANG NO. 30 TAHUN 1999 Yunari, Afrik
Ahkam: Jurnal Hukum Islam Vol 3 No 2 (2015)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2015.3.2.249-264

Abstract

In case of dispute settlement via the outside court, then offered severalalternative dispute resolutions which give the ease with which theprocess is fast, cheap and resolved as well as possible, one of whichuses the process of arbitration. Arbitration is the most interestingoption in order to resolve the dispute in accordance with their wishesand needs. So, resolving disputes through arbitration is regulatedspecifically in Act No. 30/1999 regarding arbitration and alternativedispute resolution. In many civil agreement cases, arbitrate clausewidely used as dispute for resolution options. Legal opinion givenarbitration institutions are independent, final, and binding. Becauseof the opinions given will be the part that is inseparable from theagreement staples. Each of the opposite opinion against the opinionof the law means a violation of the Covenant (breach actions ofcontract-tort). Therefore resistance cannot be made in the form ofany remedy. In this paper discusses about the arbitration as disputeresolution institutions according to act No. 30/1999 which include:understanding of arbitration, the arbitral seat as non litigation, prosand cons of arbitration dispute, the kind that become arbitrationauthority, implementation of the ruling of the arbitration and thestrengths of arbitration decision.Kata kunci: Arbitrase, Lembaga Penyelesaian Sengketa, Undang-Undang No. 30 Tahun 1999
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