Thesis Published

ANALYSIS OF DETERMINANT FACTORS ON DISPUTANTS PARTIES BEHAVIOR IN CHOOSING NATIONAL SHARIAH ARBRITATION BOARD (BASYARNAS) INDONESIA

Novandi, Akhmad
Abstract
Dispute resolution in Islamic economics has an important role in maintaining legal certainty and stability of sharia-based businesses. In Indonesia, sharia economic disputes can be resolved through litigation in the Religious Court or non-litigation through the National Sharia Arbitration Board (BASYARNAS). However, many disputants tend to choose BASYARNAS over the Religious Court. This study aims to analyse the factors that influence disputants in choosing BASYARNAS as an Islamic economic dispute resolution institution. The variables studied include guaranteed confidentiality, trustworthiness, final and binding decisions, low cost, fast process, and sharia-based settlement. The method used is a quantitative approach through the distribution of structured questionnaires to 300 purposively selected respondents, namely individuals who have or have plans to resolve disputes at BASYARNAS. Respondents came from a variety of professional backgrounds, including civil servants, private employees, state-owned enterprises, academics, and business people. The data were analysed using Structural Equation Modeling - Partial Least Squares (SEM-PLS) technique through SmartPLS 3.0 software, with outer and inner model testing stages. The results show that the final and binding decision factor and low cost have a significant influence, followed by the guaranteed confidentiality factor and sharia-based settlement. These findings confirm that efficiency, flexibility, and legal certainty are the main attractions of BASYARNAS.
Publication Details
InstitutionUniversitas Darussalam Gontor
DepartmentMagister Hukum Ekonomi Syariah
KeywordsIslamic economic disputes, BASYARNAS, Islamic arbitration, dispute resolution, Islamic economic law.
Item ID7227
Deposited23 Apr 2025 01:42
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