Jurnal Hukum IUS QUIA IUSTUM
Vol. 28 No. 1: JANUARI 2021

Orientasi Filosofis Hakim Pengadilan Agama Dalam Menyelesaikan Sengketa Ekonomi Syariah

Zaidah Nur Rosidah (Fakultas Syariah IAIN Surakarta, Jawa Tengah, Indonesia)
Lego Karjoko (Fakultas Hukum Universitas Sebelas Maret, Surakarta, Jawa Tengah, Indonesia)



Article Info

Publish Date
16 Mar 2021

Abstract

The purpose of this study is to determine the philosophical basis in the legal finding school of thoughts used by religious court judges and their orientation in resolving sharia economic disputes. The research problem is answered by using a normative method with a case and conceptual approach. The results of the research and discussion conclude that first, sharia economic dispute resolution has a philosophical foundation from the values of Pancasila, especially the first, second and fifth principles. Second, there are two different orientations of religious court judges in deciding sharia economic disputes, namely legism oriented and begriffjurisprudenz orientation. Amongst the various decisions, there are judges that are still oriented towards legism, namely deciding disputes based on existing positive laws, based on the Civil Code (KUHPer) even though the dispute is a sharia economic dispute. There are also many judges who have an orientation to begriffjurisprudenz, in this case the judge uses the basis of Islamic law, namely the Al Quran, Hadith and the Fatwa of the National Sharia Council (DSN) of the Indonesian Ulama Council (MUI) and the Compilation of Sharia Economic Law (KHES) in their decisions in addition to using the Civil Code (positive law).

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Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...