Analysis of Legal Considerations of Banyumas Religious Court Judges Concerning Sharia Economic Disputes (Decision Study No: 0323/Pdt.G/2019/PA.Bms)

Abstrak

Decision on Civil Case Number 0323/Pdt.G/2022/PA.Bms at the Banyumas Religious Court is a sharia economic case involving four parties, namely the Plaintiff as Manager of BMT Tijarah Amanat Umat, Defendant I and Defendant II as customers and Co-Defendant as on behalf of the owner of the collateral receivable. The Panel of Judges in their considerations decided to reject the plaintiff's case because BMT Tijarah Amanat Umat as the creditor in collecting and channeling funds to customers did not apply sharia contract principles. an agreement or engagement as stipulated in article 1 point 12 of Law Number 21 of 2008 concerning Islamic banking, in its legal considerations both from a juridical perspective and from the perspective of the arguments of sharia economic law so that BMT Tijarah Amanat Umat as the Plaintiff cannot go through the process law against customers who have defaulted. The method used is normative juridical which is processed qualitatively and uses analytical techniques in the form of content analysis of the considerations of the Panel of Judges in the said decision. The results of the study that the Judgment of the Panel of Judges juridically is the meaning of sharia economic disputes in Islamic financial institutions, referring to Article 1365-1380 of the Criminal Code jounto article 1 number 12 of Law Number 21 of 2008 concerning Islamic banking and article 2 of Law Number 21 of 2008 which stated that in carrying out its business based on sharia principles, economic democracy and prudence.