Penanganan sengketa ekonomi syariah perspektif cita hukum di pengadilan tinggi agama semarang

Jamaludin, Muhammad (2020) Penanganan sengketa ekonomi syariah perspektif cita hukum di pengadilan tinggi agama semarang. JURNAL AL-QARDH, 5 (1). pp. 14-37. ISSN 2599-0187

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Abstract

This article examines the handling of sharia economic disputes from the perspective of the ideals of law in the Religion High Court of Semarang, considering that up to now many decisions of the Religious High Court have been pursued at the cassation level (Supreme Court). The focus of this research study is to answer a number of issues, namely: how is the mechanism for handling sharia economic disputes in the Religion High Court of Semarang, what is the legal basis used by judges in the process of examining sharia economic
disputes, and how the review of legal ideals towards handling sharia economic disputes in the Religion High Court of Semarang.Judging from the type, this article was categorized as field research with an empirical juridical approach. In analyzed the data, the writer used descriptive-analytical methods, by described primary data that the author has obtained in the Religion High Court of Semarang, supplemented with secondary data related to handling sharia economic disputes in the Religion High Court, then analyzed using the legal ideal theory which includes justice, legal certainty, and expediency.

Based on the results of the research conducted by the writer in the Religion High Court of Semarang, the writer can conclude that, the handling of sharia economic disputes in the Religion High Court of Semarang has not been fully implemented as it should. The handling of sharia economic disputes in the Religion High Court of Semarang is carried out by examining and adjudicate cases based on facts / sitting cases contained in the appeal case file sent by the religious court that has examined and decided the case at the first level, plus an additional examination if the judge consider there are things that require clarity or to add to the completeness of evidence. A review of the legal ideals for handling sharia economic disputes in the Religion High Court of Semarang include: in terms of the ideals of the law of justice, judges in realizing the ideals of the law of justice are still constrained by vague provisions in the laws and regulations in which regulate about the procedures for examining sharia economic disputes in the level of appeal, which makes the judge unable to realize the desired justice. Judging from the ideals of legal certainty, the obstacle in realizing this legal ideal is the absence of special provisions regulate about civil procedural law (procedures for examining cases), especially sharia economic disputes at the appellate court, additionally there are several Supreme Court jurisprudences that are conflicting/contradicting. While in terms of the legal ideal of expediency, some have fulfilled this legal ideal because it is in accordance with the provisions that regulate the costs of handling cases and the duration of handling cases.

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