Simple Law Enforcement of Sharia Economics in Religious Courts According to Sharia Economic Principles (Case Study at Religious Courts in West Java)
Neni Sri Imaniyati, Ratna Januarita, Faiz Mufidi, Panji Adam Putra, Yoghi Arif Susanto

Universitas Islam Bandung

Abstract

The Supreme Court has issued PERMA Number 4 Year 2019 as a follow-up to PERMA Number 14 Year 2016 concerning Procedures for Settlement of Sharia Economic Disputes. Article 3 Paragraph (2) of PERMA stipulates that the settlement of sharia economic disputes can use simple lawsuits. The regulation was created to meet the need for quick dispute resolution and provide a sense of justice to disputing parties. This study aimed at describing the implementation of simple sharia economic lawsuit mechanisms and explaining the enforcement of sharia economics simple lawsuits, in religious courts in West Java, in the principles of sharia economic dispute resolution. The study was conducted using a normative juridical approach with qualitative data analysis through legal interpretation. Its nature was descriptive analytical with secondary data. Its site was at the Religious District Court in West Java. The results concluded that the implementation of simple sharia economic dispute settlement processes at the Religious Courts in West Java is seen from its mechanism, timing, and execution using the same mechanism as dispute resolution in general. Law enforcement of simple sharia economic lawsuits there related to the principles of sharia economic dispute resolution does not meet legal substance, structure, and culture aspects.

Keywords: simple lawsuit, dispute, sharia economy, sharia economic principles

Topic: Law and Ethics in Terms of Islamic Perspective