Questioning the Authority to Settle Bankruptcy Cases of Sharia Financial Institution in Indonesia: in Religious Court or Commercial Court?
Gemala Dewi SH.1, LL.M Azikra2, Yastadzi Sidik SH.3
Manuscript received on 10 May 2019 | Revised Manuscript received on 19 May 2019 | Manuscript Published on 23 May 2019 | PP: 1505-1512 | Volume-7 Issue-6S5 April 2019 | Retrieval Number: F12680476S519/2019©BEIESP
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: In this span of time economic problem in Indonesia are increasingly complex, it can be seen from the number of economic cases involving various parties to resolve these cases. Some of the cases which currently troubleed the economic actors are bankruptcy cases. Some bankruptcy cases that have been handled by the commercial are the bankruptcy case of PT Asuransi Syariah Mubarakah (PT ASM) and the case of Haji Mujiono Rachmat which was bankrupt by PT Bank Syariah Bukopin. From this, several formulations of the problem arose, namely the fundamental differences in bankruptcy cases of Islamic financial institutions (LKS) from conventional financial institutions (LKK), how is the urgency of the readiness of religious courts (PA) in response to LKS bankruptcy (Taflis) cases, and within the authority of the Religious Court, what matters need to be prepared by the PA to anticipate the LKS bankruptcy case. From the research that has been carried out, some conclusions can be drawn, namely that there are fundamental differences in the LKS Bankruptcy Case from the LKK contract basis in LKS operations; By looking at the handling of cases in the Commercial Court (PN) that are not appropriate if viewed from the perspective of sharia contract law, the PA readiness in responding to the LKS Bankruptcy Case is very urgent; For this reason, it is necessary to clarify the position of the Bankruptcy Case (Taflis) within the authority of the Religious Court, along with the consequences of things that need to be prepared, namely in terms of regulation and bankruptcy supporting institutions that are in accordance with sharia, such as Curators and Supervisory Judges. As well as suggestions that can be given is the need to be regulated in the regulation regarding the clarity of the position of the Bankruptcy Case (Taflis) within the authority of the Religious Court along with the readiness of its supporting institutions within the Religious Courts.
Keywords: Bankruptcy, Religious Court Authority, Sharia Dispute Settlement.
Scope of the Article: Residential, Commercial, Industrial and Public Works