Thesis
Published
THE ROLE OF OMBUDSMAN INSTITUTION ON DISPUTE RESOLUTION OF ISLAMIC FINANCE INSTITUTION BASED ON MASLAHAH MURSALAH (CASE STUDY OF THE OMBUDSMAN INSTITUTION OF YOGYAKARTA SPECIAL REGION, 2018)
Abstract
ABSTRACT
THE ROLE OF OMBUDSMAN INSTITUTION ON DISPUTE RESOLUTION
OF ISLAMIC FINANCE INSTITUTION BASED ON MASLAHAH MURSALAH
(CASE STUDY OF THE OMBUDSMAN INSTITUTION OF YOGYAKARTA
SPECIAL REGION, 2018)
Resi Handayani
362015320688
Conflict or dispute is a natural occurrence in a social relation. Conflicts or disputes
can happen to anyone and in any relationship. Conflict or dispute is caused by differences
of opinion or thoughts between the two parties. Conflicts or disputes can be resolved in two
ways, namely through litigation institutions (courts) or non-litigation institutions (outside
the court). The complexity of the dispute resolution process through litigation institutions
(courts) can make many disputing parties resolve conflicts or disputes in non-litigation
institutions. Many of the benefits are obtained when resolving disputes in non-litigation
institutions are win-win solutions. One of the institutions for resolving non-litigation
disputes is the Ombudsman Institution of Yogyakarta Special Region. Various conflicts or
disputes that have been received thus considering the researcher to conduct the research at
the Ombudsman Institution of Yogyakarta Special Region.
The location used in this study is The Ombudsman Institution of Yogyakarta Special
Region which handles government and private, conventional and sharia disputes in the
Yogyakarta Special Region. Therefore, the purpose of this research is to find out the role
of the Ombudsman Institution of Yogyakarta Special Region as a facilitator of dispute
resolution of Islamic Finance Institutions and the legal basis used to resolve Islamic finance
institution dispute.
The type of research is descriptive qualitative. The method used in this study is
descriptive field analysis (field research) at the Ombudsman Institution of Yogyakarta.
The method of data collection is by conducting interviews with the Head of Research,
Development and Institutional Relations. The disputes examined in this study are devoted
to disputes from Islamic Financial Institutions in 2018, then analyzed based on Maslahah
Mursalah as a secondary rule after the Qur’an and Hadith to answer realistically and in
accordance with sharia.
The results of the research on the role of the Ombudsman Institute in providing
solutions to disputes through several reporting processes, investigation, clarification,
mediation, and the existence of the process of judging and legal opinion. Therefore, when
there is an evidence of an administrative action, the Ombudsman Institution of Yogyakarta
can issue a recommendation. In every action taken by the Ombudsman Institution of
Yogyakarta always consider the rights and obligations that must be fulfilled by both parties,
thus or dominant to one party. This makes a win-win solution or victory for both parties.
This is the implementation or manifestation of the concept of Maslahah Mursalah, which
is highly beneficial for many people.
Recommendations which are obtained from the Ombudsman Institution of Yogyakarta
Special Region has no power of sanction. The function of The Ombudsman Institution of
Yogyakarta Special Region is only as a facilitator that facilitates the parties to resolve
disputes. Because the Ombudsman Institution of Yogyakarta Special Region has functions
to maintain the public justice, it should have full authority to anyone who does not allow
recommendation from the Ombudsman Institution of Yogyakarta Special Region.
Keywords: Dispute Resolution, the Ombudsman Institution, Islamic Financial
Institution, Maslahah Mursalah
Publication Details
InstitutionUniversittas Darussalam Gontor
DepartmentFaculty of Syariah
Item ID2252
Deposited26 Mar 2023 04:13