Penyelesaian Sengketa antara Bank Sharî‘ah dengan Nasabah Bermasalah melalui Badan Arbitrase Sharî‘ah Nasional (BASYARNAS) menurut UU No. 30 tahun 1999
Abstract: This study deals
with dispute settlement between Bank Syari’ah and its customers through the
National Shari’ah Arbitration Board (BASYARNAS). It focuses to elaborate the
procedures of dispute settlement between Bank Syari’ah and its customers of
financing from the perspective of Islamic law according to Bill No. 30/1999 above
law No. 30 year 1999. Based on procedures as mentioned in the bill with regard
to arbitration and alternative dispute resolution, Basyarnas, in proofing and
resolving cases, has fulfilled the procedures and satisfied the conflicting
parties with justice, so there is no need to appeal and reconsideration. This
means that Basyarnas has conducted dispute resolution according to the existing
procedures. The dispute settlement has also been in accordance with the Qur’ân
and other Islamic legal rules which consist of the principles of power and
mandate applied by the arbitrator in deciding and resolving the dispute. The
board—as an independent institution—has setttled the disputes on the basis of
justice for all parties, rejected the act of bribery since the cost is
measurable. In addition, Basyarnas also gives strong emphasis on the principle
of equality, friendship, consistence and response-bility in resolving disputes.
Penulis: Sulistyowati
Kode Jurnal: jpperadabanislamdd140129
