KOMPETENSI PENGADILAN AGAMA CILACAP TERHADAP SENGKETA BISNIS SYARI’AH

Anam Ihromy, Zia-ul (2017) KOMPETENSI PENGADILAN AGAMA CILACAP TERHADAP SENGKETA BISNIS SYARI’AH. Masters thesis, IAIN PURWOKERTO.

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Abstract

Dispute resolution business according to The Act Number 3 Year 2006 about religious courts absolute competence is religious courts as institutions litigation in the judicial environme. The new jurisdiction above base on the article 49 (1) about the amemdment of the Act Number 7 Year 1989 about the religion court stated that the religion court has the duty and jurisdiction in judging and settle the case including Islamic economic. In his theory of Lawrence M. Friedmen Legal System is one unified law is composed of the three elements i.e., Legal Substance, Legal Structure and Legal Culture. The problem in this study is about the competence of the religious courts business disputes against Shariah based on The Act Number 3 Year 2006 and the readiness of the religious court of cilacap in the exercise of competence dispute resolution business Shari‟ah. The research of this thesis is juridical sociological research i.e., research on the problem of competence of the religious courts business disputes against Shariah based on The Act Number 3 Year 2006 and the readiness of the religious court of cilacap in the exercise of competence dispute resolution business Shari‟ah. The method Yuridis Sosiologis used is the approach data collection by way of observation, interviews and documentation, namely research using primary and secondary data. The results of this research competence of the religious courts business disputes against Shariah based on The Act Number 3 Year 2006 practically authorized to handle business disputes Shari‟ah, this responds to the development of national law and accommodate the needs of the people of indonesia, The muslim community in particular, at the same time reflect the policy direction political legal Government in expanding competence of the religious courts. The readiness of the religious courts of cilacap The judge had been ready to carry out a business dispute Shariah and it follows Sharia economy and certified training, replacement clerk administer business disputes not ready yet Shari‟ah and most already followed training The economics of Shari‟ah and certified and spokesman sita not ready yet Shari‟ah and they have not followed the training of economics Shari‟ah and not yet certified, of all the institutions of the judiciary, particularly in The Religious Court Cilacap, should improve knowledge of business law of the Shari‟ah with further study to a higher level and encourages the Government to enact as soon as possible legal regulation of economic events Shari‟ah already codified and the need for socializing role The Religious Court Cilacap widely to society.

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