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Settlement Dispute on Economic Sharia : Arbitration and BASYARNAS

Settlement Dispute on Economic Sharia : Arbitration and BASYARNAS. Ikhwanul Muslim 2000610032 International Program for Law and Sharia Faculty of Law Universitas Muhammadiyah Yogyakarta. Arbitration?.

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Settlement Dispute on Economic Sharia : Arbitration and BASYARNAS

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  1. Settlement Dispute on Economic Sharia : Arbitration and BASYARNAS Ikhwanul Muslim 2000610032 International Program for Law and Sharia Faculty of Law UniversitasMuhammadiyah Yogyakarta

  2. Arbitration? According to Subekti : Is a settlement dispute done by arbiter based on the consensus of the parties. Then the parties will bound by the decision. We could say that arbitration is a settlement dispute in the private matter based on the consensus of the parties

  3. Legal basis Al-Hujurat (9) If two parties among the Believers fall into a quarrel, make ye peace between them: but if one of them transgresses beyond bounds against the other then fight ye (all) against the one that transgresses until it complies with the command of Allah; but if it complies then make peace between them with justice and be fair: for Allah loves those who are fair (and just).

  4. An-Nisa (35) If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: For Allah hath full knowledge, and is acquainted with all things.

  5. BASYARNAS (National Sharia Arbitration Body) It was established on October 21 1993 with the initiative of MUI.. According to HS. Proddjokusumo, the former General Secretary, the idea of the establishment of BAMUI in Indonesia cold not be separated from the context of social and economic developments f Muslim’s life.

  6. Legal Basis MUI Decree No. 09/MUI/XII/2003 Al-Hujurat (9) An-Nisa (128)

  7. The Role of BASYARNAS Resolving in fairly and quickly a muamalat/civil dispute arising in trade, finance, industry, service and others in which pursuant to law and regulation and fully controlled by the disputing parties, and the parties agree in writing to submit a resolution to BASYARNAS in accordance with the Procedural Rules of BASYARNAS .

  8. Giving a binding opinion at the request of the parties without any dispute about an issue in an agreement.

  9. Procedural Rule of BASYARNAS Submission of application Response of BASYARNAS relating to the application Determination of the arbiters Examination Response of the defendant Additional claim Reconciliation Burden of proof

  10. 9. Withdrawal of the application 10. Final examination 11. Elimination of deny as a right 12. Decision 13. Correction of decision 14. Additional award 15. Cancellation of decision 16. The consequence of cancellation 17. Administration

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