
Penyelesaian Sengketa antara Bank Sharî‘ah dengan Nasabah Bermasalah melalui Badan Arbitrase Sharî‘ah Nasional (BASYARNAS) menurut UU No. 30 tahun 1999
Author(s) -
Sulistyowati Sulistyowati
Publication year - 2015
Publication title -
islamica : jurnal studi keislaman
Language(s) - English
Resource type - Journals
eISSN - 2356-2218
pISSN - 1978-3183
DOI - 10.15642/islamica.2014.9.1.193-222
Subject(s) - arbitration , appeal , law , mandate , settlement (finance) , political science , dispute resolution , economic justice , law and economics , business , sociology , finance , payment
This study deals with dispute settlement between Bank Syari’ah and its customers through the National Shari’ah Arbitration Board (BASYARNAS). It focuses to elaborate the procedures of dispute settlement between Bank Syari’ah and its customers of financing from the perspective of Islamic law according to Bill No. 30/1999 above law No. 30 year 1999. Based on procedures as mentioned in the bill with regard to arbitration and alternative dispute resolution, Basyarnas, in proofing and resolving cases, has fulfilled the procedures and satisfied the conflicting parties with justice, so there is no need to appeal and reconsideration. This means that Basyarnas has conducted dispute resolution according to the existing procedures. The dispute settlement has also been in accordance with the Qur’ân and other Islamic legal rules which consist of the principles of power and mandate applied by the arbitrator in deciding and resolving the dispute. The board—as an independent institution—has setttled the disputes on the basis of justice for all parties, rejected the act of bribery since the cost is measurable. In addition, Basyarnas also gives strong emphasis on the principle of equality, friendship, consistence and response-bility in resolving disputes.