THE REPOSITION OF MEDIATION PROCESS IN ISLAMIC ECONOMIC DISPUTE RESOLUTION TROUGH RELIGIOUS COURT AFTER PERMA NO. 1 OF 2016
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Date
2017-04-04Author
RADLIYAH, NUNUNG
MUSJTARI, DEWI NURUL
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Mediation, as “non-litigation dispute resolution”, becomes a choice for people who expect the dispute
settlement process can provide impartial settlement to both the customer and institution of Islamic
Finance. In practice, the implementation of mediation still reached a low rate of success. Since 2003 until
2015. Data shows that the maximum achievement is only 18.1 %. The research aims to determine reposition
of mediation process in Islamic finance dispute resolution through religious court after the issued of
Supreme Court Regulation No. 1 of 2016. The research is normative and empirical legal research which
uses qualitative method. The research is based on data collected in the library and court cases. Interview
from field research will involve 5 (five) religious court in Yogyakarta. Interview and Focus Group Discussion
(FGD) will be conducted to support the information of the research. The results of research shows
that reposition of mediation process is one of requirements to file a suit. The five factors for support legal
enforcement are law and legislation, law enforcement officers, facilities and infrastructure, society and
culture. The recommendation of this research is there is a need to revise the Supreme Court Regulation
No. 1 of 2016.