EFEKTIVITAS HUKUM PERATURAN MAHKAMAH AGUNG TERHADAP PENYELESAIAN SENGKETA EKONOMI SYARIAH DI WILAYAH PERADILAN AGAMA Neng Dewi Himayasari, Ira Siti Rohmah Maulida, Arif Rijal Anshori
Universitas Islam Bandung
Abstract
Religious Courts are given the authority to settle Sharia economic disputes in accordance with Article 49 of Act Number 03, 2006 about Religious Courts and has been confirmed by the decision of the Constitutional Court number 93/PUU-X/2012. implementation the Supreme Court is given attributive authority to fill legal voids because the settlement of Sharia economic disputes carried out by the Religious Courts does not yet have a formal law so that there is a legal vacuum. To realize the principle of a simple, fast and low cost trial, the Supreme Court issues various legal policies, one of which is in the form of a Supreme Court Regulation. This reasearch examines the legal certainty and benefits of the Supreme Court Regulations, as well as measures the effectiveness or not of the Supreme Court Regulations in resolving Sharia economic disputes in court institutions. This type of research is qualitative with an empirical normative approach. The focus of the research that will be examined is the fulfillment of the factors of legal effectiveness against the Supreme Court Regulation on Sharia economic disputes in the religious courts of West Java, these factors are interrelated and are a benchmark for the effectiveness of law enforcement. The urgency of this research is to explain the legal certainty and benefits of the Supreme Court Regulations in realizing and shaping the aspired legal culture.
