The Enforcement of Small Claim Court of Sharia Economics in Religious Courts According to Sharia Economic Principles

(Case Study of Religious Courts in West Java)

DOI

10.2991/assehr.k.220407.012How to use a DOI?

Keywords

small claim court; dispute; sharia economics; sharia economic principles

Abstract

The Supreme Court has issued PERMA Number 4 Year 2019 as a follow-up to PERMA Number 14 Year 2016 concerning Procedures for Settlement of Sharia Economic Disputes. Article 3 Paragraph (2) of PERMA stipulates that the settlement of sharia economic disputes can use a small claim court. The regulation was created to meet the need for a quick dispute resolution and provide a sense of justice to the disputing parties. The purpose of this study is to describe the implementation of small claim court mechanism of sharia economics in the religious courts in West Java and to explain the enforcement of small claim court of sharia economics at the religious courts in West Java in the principles of sharia economic dispute resolution. The research was conducted using a normative juridical approach with descriptive analytical research nature and secondary data. It used qualitative data analysis through legal interpretation. The research site was the Religious District Court in West Java. The results can be concluded that the implementation of dispute resolution process of small claim court of sharia economics in Religious Courts in West Java was seen from the mechanism, timing, and execution using the same mechanism as dispute resolution in general. The enforcement of small claim court of sharia economics lawsuits in Religious Courts in West Java related to the principles of sharia economics dispute resolution have not fulfilled the substance, structure, and legal culture aspects.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Neni Sri Imaniyati
AU  - Ratna Januarita
AU  - Faiz Mufidi
AU  - Panji Adam Putra
AU  - Yoghi Arif
PY  - 2022
DA  - 2022/04/23
TI  - The Enforcement of Small Claim Court of Sharia Economics in Religious Courts According to Sharia Economic Principles
BT  - Proceedings of the 4th Social and Humanities Research Symposium (SoRes 2021)
PB  - Atlantis Press
SP  - 66
EP  - 69
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220407.012
DO  - 10.2991/assehr.k.220407.012
ID  - Imaniyati2022
ER  -