West Science Islamic Studies
Vol. 2 No. 01 (2024): West Science Islamic Studies

Analysis of Challenges and Prospects for Dispute Resolution through the National Sharia Arbitration Board in the Indonesian Legal Context

Loso Judijanto ( Indonesia Palm Oil Strategic Studies (IPOSS))
Rabith Madah Khulaili Harsya (IAIN Syekh Nurjati Cirebon)
Dwi Kartika Prananingrum (Institut Dharma Bharata Grup)
Saryanto Saryanto (Universitas Sarjana Wiyata Tamansiswa Yogyakarta)
Rahayu Retnaningsih (Universitas Sarjana Wiyata Tamansiswa Yogyakarta)



Article Info

Publish Date
30 Jan 2024

Abstract

This research explores the challenges and prospects for dispute resolution through the National Sharia Arbitration Board within the Indonesian legal context. Utilizing qualitative research methods, including interviews, case studies, content analysis, and comparative analysis, the study identifies institutional challenges such as resource constraints, procedural complexities, and limited jurisdiction. Legal and cultural factors, including the harmonization of laws, cultural sensitivity, and gender equity, are examined. Case studies illustrate the Board's efficacy in family disputes while revealing challenges in handling commercial disputes. Prospects for future development encompass legal reforms, capacity building, and public awareness initiatives. A comparative analysis with global Sharia arbitration bodies provides insights into shared challenges and distinctions. The implications for the Indonesian legal system highlight the need for strategic interventions. Overall, this research contributes to a nuanced understanding of the National Sharia Arbitration Board's role and suggests pathways for its sustainable development

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Journal Info

Abbrev

wsiss

Publisher

Subject

Religion

Description

The scope of the journal Islamic Studies covers various aspects related to understanding, research, and discussion of Islam, Islamic culture, and Islamic civilization. The journal aims to be a diverse source of knowledge committed to an in-depth understanding of Islam in the contemporary world. Its ...