Pelaksanaan mediasi sengketa ekonomi syariah di Pengadilan Agama Purbalingga

Ahmad, Miqdam Yusria (2018) Pelaksanaan mediasi sengketa ekonomi syariah di Pengadilan Agama Purbalingga. Masters thesis, UIN Walisongo.

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Abstract

The success rate of implementing the rules before Perma Number 1 of 2016 is still low. Civil matters with material objects are a hope for religious courts to improve the success of mediation compared to marital matters that have dominated. The reality of conducting mediation in the Purbalingga Religious Court can be a review to encourage the improvement of the quality of the implementation of mediation rules in court. Purbalingga Religious Court has a higher quantity of implementation of Islamic economic disputes than other first level Religious Courts in Central Java. This study reviews the implementation of court mediation in the sharia economic case decisions in Purbalingga from 2016 to 2017. This thesis describes how to implement sharia economic dispute mediation in the Purbalingga Religious Court as well as its roles. These issues were discussed through field research in the Purbalingga District Religious Court. Furthermore, the analysis uses previous research literature (Socio-legal research). The data were obtained from interviews with the mediating and implementing actors, direct observation of the practice of mediation in Purbalingga Religious Court and research on normative documentary legal materials. The conception of the practice of the mediation of Islamic economics in the field that is identified by theoretical juridical (legal) logic and as an interpreter analysis of phenomena that occur in the field (inductive). This study shows that: The results of the analysis of the implementation of sharia economic mediation in Purbalingga Religious Court include: (a). In substance, the rules have fulfilled legal certainty and the benefits of the law. However, legal justice is hampered the regulation of non-judge mediators and their costs. (b) Structurally, has improving the capacity of judge mediators, the innovation of mediation facilities and infrastructure, and also legal socialization to the public. Whereas the mediation process is still hindered by the conservatism of judges because mediation is still a burden of work in addition to the priority examining cases and the judge's adjudication mindset. Mediation infrastructure facilities do not support the mediation substance such as the process of communication, confidentiality, the mediator's right of choice, and the lack of quality, neutral, and impartial mediators. (c). Culturally, mediation has been considered the best way to resolve sharia economic disputes, but are still disadvantages from a bureaucratic legal perspective in the form of dependence on the authority of Purbalingga Religious Court legal officials and all their decisions. So mediation agreement occur of procedural legal behavior only. The legal tranquility is still disrupted by the imbalance of the positions of the parties that unresolved by the mediator. Modernism disrupts legal norms into a trap of normative structures that lack the moral commitment of the parties. (d) If sharia economic dispute mediation in Purbalingga Religious Court runs optimally, it can realize the following roles: peace through non-litigation methods that ensure legal certainty while accommodating mediation methods outside the court with community participation using existing social institutions. Mediation can realize simple, fast, and low-cost court principles by maximizing reformist court performance. Mediation can realize the ‘equality before the law’ by raising awareness of the fulfillment of justice in substantive agreements through shame and stigma to avoid the judicial adjudication process. Mediation can enhance innovation in legal discovery with joint supervision of mediator performance both structurally and socio-culturally. Mediation can also increase access to justice into representative justice that is open to justice desired.

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Item Type: Thesis (Masters)
Contributors:
ContributionContributors (e.g. Thesis Advisor)Email
Thesis advisorFanani, AhwanUNSPECIFIED
Uncontrolled Keywords: Mediasi; Mediation; Ekonomi syariah; Pengadilan agama; Sharia economy
Subjects: 200 Religion (Class here Comparative religion) > 290 Other religions > 297 Islam and religions originating in it > 297.2 Islam Doctrinal Theology, Aqaid and Kalam > 297.27 Islam and social sciences > 297.272 Islam and politics, fundamentalism
200 Religion (Class here Comparative religion) > 290 Other religions > 297 Islam and religions originating in it > 297.2 Islam Doctrinal Theology, Aqaid and Kalam > 297.27 Islam and social sciences > 297.273 Islam and economics
Divisions: Program Pascasarjana > Program Master (S2)
Depositing User: Ricky Dwi Kurnianto
Date Deposited: 03 Aug 2019 04:21
Last Modified: 03 Aug 2019 04:21
URI: http://eprints.walisongo.ac.id/id/eprint/9944

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