ALTERNATIF PENYELESAIAN SENGKETA YANG EFEKTIF, EFISIEN DAN BERKEADILAN BAGI PERBANKAN SYARIAH

Abstract

Effective sharia banking resolution is one of the efforts to maintain public trust in Sharia Bank. Sharia Banking activities are based on the prudential banking principle, economic democracy and sharia principles. The characteristics of Islamic Banking are promoting balance, justice and sustainability to achieve the goal of creating community welfare. Based on analysis of regulations governing Sharia Banking dispute resolution, disputes ca be resolved through alternative dispute resolution or Religious Courts. Mediation is dispute settlement based on goodwill and the wishes of the parties with the help of mediator, resulting in a fair and in accordance with the wishes of the parties. Mediation emphasizes a balance position between the parties in reaching an agreement, so that the goal of achieving justice will be achieved. In line with the characteristics of Sharia banking the mediation will be effective if carried out in with applicable procedures as stipulated in LAPSPI Regulation Number : 01/LAPSPI-PER/2017 concerning Regulations and Mediation Procedures. In addition, the Religious Court can optimize mediation as part of the process of proceedings in resolving efficient, effective and equitable sharia banking.