The analysis of The Medan Religious Court Decision No.1706/Pdt.G/2020/PA.Mdn. regarding the sharia economic dispute resolution based on The Constitutional Court Decision No. 93/PUU-X/2012

Siregar, Muhaimin Nur (2023) The analysis of The Medan Religious Court Decision No.1706/Pdt.G/2020/PA.Mdn. regarding the sharia economic dispute resolution based on The Constitutional Court Decision No. 93/PUU-X/2012. Undergraduate thesis, UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan.

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Abstract

The Medan Religious Court that has competence to resolve the sharia economic dispute based on Its autority stated that It did not have the authority to try the case No. 1706/Pdt.G/2020/PA.Mdn. Because the parties have chosen the dispute resolution process according to the contract, based on the explanation of Article 55 Paragraph (2) of Law no. 21 of 2008 concerning Islamic Banking. However, the explanation of the article was declared to have no binding legal force and contradict with the UUD 1945 based on the Constitutional Court Decision No. 93/PUU-X/2012. The sharia economic dispute in this case is that there is a dual function of collateral in fulfilling the musyarakah mutanaqishah contract so that the plaintiff submitted a contract cancellation to the Medan Religious Court. Based on the background of the problem, the researcher seeks to analyze the consideration of the Medan Religious Court judges on the Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. which states that it does not have authorized to try the lawsuit submitted and review the decision of the Medan Religious Court No. 1706/Pdt.G/2020/PA.Mdn. based on the Constitutional Court decision No. 93/PUU-X/2012. This research is empirical normative research that discuss the decision of the religious courts with a review of the Constitutional Court decision based on statute approach and case approach. To answer the formulation of the problem, uses pure theory of law and positivism theory of law. Data analysis uses content analysis with descriptive explanations to describe the findings of researcher based on legal sources in order to get the conclusions. The results of this study explain that the main consideration that used by the Medan Religious Court judges on deciding disputes on the decision No. 1706/Pdt.G/2020/PA.Mdn. is Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolution and Constitutional Court Decisions No. 93/PUU-X/2012. Although considering the Constitutional Court Decision No. 93/PUU-X/2012 as a legal basis, based on the review by the pure theory of law and positivism law theory, it was concluded that the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. who stated that It does not have authorized to try the lawsuit submitted is contradict with the Constitutional Court Decision No. 93/PUU-X/2012.

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