Thesis
Published
HARMONIZATION BETWEEN COMPILATION OF SHARIA ECONOMIC LAW (KHES) AND DSN MUI FATWAS FOR SHARIA ECONOMIC DISPUTES RESOLUTION
Abstract
The practice of Islamic economics in Indonesia is growing very rapidly. However, this growth is accompanied by sharia economic disputes by sharia economic actors, which also increase every year. Therefore, adequate judge guidelines are needed. The Compilation of Sharia Economic Law (KHES) is currently experiencing disharmonization with the Fatwa DSN-MUI, which is a legal reference for judges in resolving sharia economic disputes. This disharmonization is due to KHES, which is static and not dynamic as Fatwa DSN-MUI. Then, efforts to harmonize this KHES with Fatwa DSN-MUI are needed to avoid the disparity of judges' decisions.
This research aims to provide solutions by harmonizing the Compilation of Sharia Economic Law (KHES) with the DSN-MUI fatwa and the steps that must be taken to implement these efforts in the settlement of sharia economic disputes based on the analysis of policies and efforts that have been made by the Supreme Court.
This research is a qualitative study using the Normative Juridical approach method which focuses on analyzing and interpreting existing laws and regulations, examining legal norms, and understanding how these norms should be applied to a legal problem. In collecting data, researcher used documentation studies, observation, and interviews. Atlas.ti software was used in the analysis of this research with the aim of making it easier for researcher to map problems by coding and analyzing data in the form of text.
The result of this research is that the complexity of the problem in KHES disharmonization is caused by the development of Islamic economic regulations and practices that have occurred since 2008 until now. Various kinds of regulatory developments that exist in Fatwa DSN-MUI and POJK to sharia economic practices are not listed in KHES; this can affect the mechanism for resolving sharia economic disputes within the Religious Courts because KHES is a guideline for judges in examining, deciding, and adjudicating sharia economic cases. Some strategic steps taken by the Supreme Court in dealing with this situation are the formulation of religious chambers, issuing SEMA, and conducting research and review by the Center for Legal & Judicial Policy Strategy (PUSTRAJAK) and certification of Islamic economics for judges, but this still needs to be evaluated and reviewed to be more optimal.
Some suggestions were obtained from this researcher by the Supreme Court in order to strive for the completion of the improvement of the Compilation of Sharia Economic Law (KHES) as soon as possible. Researcher also suggest that sharia economic practitioners develop their understanding and ability to resolve sharia economic disputes through training and technical guidance on sharia economic certification.
Publication Details
InstitutionUniversitas Darussalam Gontor
DepartmentMagister Hukum Ekonomi Syariah
KeywordsHarmonization, Compilation of Sharia Economic Law (KHES), DSN-MUI Fatwas, Dispute, Sharia Economics
Item ID7361
Deposited27 Apr 2025 01:32