Urgensi Hukum Perikatan Islam dalam Penyelesaian Sengketa Ekonomi Syariah

Achmad Fauzi

Abstract

This article is aimed to oversee sharia economic legal lawsuit through litigation in court with analyzing judge capability in this lawsuit. This issue is important because every sharia economic activities is based on what contract (akad) contains. The article analyses law of engagement based on Indonesia civil law or Borgelijk Wetboek (BW), law of convention based on sharia economic law compilation, sharia court authority, and sharia economic lawsuit solution steps through litigation. It concludes that a judge should able to dig material justice, including in civil law so her/his decision aimed to reform and invention of law (rechtsvinding). As a new jurisdiction to sharia court, sharia economic lawsuit has still a few law instruments that imply the need for a judge to oversee justice values living in people. Formulation of sharia economic law decision should not be separated from sharia law of engagement.

Keywords: sharia economic, sharia law, legal, civil law, jurisdiction.

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