Rodliah, Nunung (2019) The Mediation Process in Sharia Economic Dispute Resolution Through the Religious Court in Indonesia. IOSR Journal Of Humanities And Social Science (IOSR-JHSS), 24 (5). pp. 39-47. ISSN e-ISSN: 2279-0837, p-ISSN: 2279-0845.


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Abstract: Mediation through the religious court is still achieving a low success rate in Indonesia, from 2003 to 2015.Based on the results of the study, data shows that the maximum achievement is only 18.1 %. This study aims to determine the repositioning of the mediation process in resolving Islamic financial dispute through the Religious Courts after the enacment of Supreme Court Regulation No. 1 of 2016. This research is a normative and empirical legal research that uses qualitative methods. Athe interviews were conducted through field research in 5 (five) Religious Courts in the Special Region of Yogyakarta. The results showed that the mediation process at the Religious Courts as one of the conditions for filing a lawsuit was no longer included in the trial, but carried out outside the trial which become a mandatory requirement in the registration of the lawsuit. As for the factors that support law enforcement there are five factors including law and legislation, law enforcement officers, facilities and infrastructure, society and culture.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User: Dr. NUNUNG RADLIYAH
Date Deposited: 07 Nov 2019 03:16
Last Modified: 07 Nov 2019 03:16

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