Radliyah, Nunung and Musjtari, Dewi (2017) The Reposition Of Mediation Process in Islamic Economic Dispute Resolution Trough Religious Court After Perma No. 1 of 2016. International Conference on Law and Society, 6 (1). pp. 385-395. ISSN 9786027577961
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Abstract
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. Keywords: Reposition, Mediation Process, Dispute Resolution, Islamic Economic.
| Item Type: | Article |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum (FH) > Prodi Ilmu Hukum |
| Depositing User: | Dr. NUNUNG RADLIYAH |
| Date Deposited: | 05 Jun 2017 02:22 |
| Last Modified: | 05 Jun 2017 02:22 |
| URI: | http://repository.lppm.unila.ac.id/id/eprint/3172 |
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