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2 Secondary Legal Materials, consisting of books about the legal system, the principles of law, the agreement contract, Islamic banking, political law, legal theory, legal
research methodology, journals. b. Primary data obtained through research in the ield Field Research with observations,
interviews and Focus Group Discussion FGD workshop, which includes: 1 Law sanction institution: Judges Religion, Staf Legal Department at Bank Syariah, Notary,
Advocate , the Registrar. 2 Role Occupant: Management Islamic Bank, Islamic Bank Customer-do with hermeneutics, sociology of law and phenomenology.
b.4. Data Analysis
Data were obtained either from the research literature and ield research is processed by qualitative descriptive analysis. As is the descriptive is clearly describe actual circumstances
and qualitative analysis of the data revealed by informants and sources later elaborated in order to obtain an understanding. So it is a qualitative descriptive analysis that describes the
reconstruction of Islamic banking and dispute resolution model of the judicial procedure for dispute resolution through mediation of Islamic banking in the Religious Courts.
C. ANALYSIS
C.1. reconstruction of Islamic banking dispute resolution through mediation ater the entry into force of PErMA No. 1 h. 2016?
Islamic banking is a part of a inancial institution regulated by the Minister of Finance Decree No. 792 of 1990. Under these provisions, Financial Institutions are all entities whose
activities in the ields of inance, conduct the collection and distribution of funds to the public especially to inance inancial institutions preferred to support inance investment
companies, but by no means limiting the inancing activities of inancial institutions. he legal relationship between the Islamic inancial institutions and customers is part of the
muamalah. Muamalah in Islamic law in the broadest sense are the rules laws of Allah to organize man in relation to worldly afairs in social intercourse.
Islamic Banking is an institution that operates in accordance with the principles of Islamic law, namely inancial institutions refer to the procedures for the operation of the provisions of
the Qur’an and Hadith. he meaning is that in the operation of inancial institutions to follow the provisions of Islamic law, especially concerning the procedures of muamalah in Islam. In
the procedure of muamalah shunned practices that feared contain elements of usury to be illed with activities on the basis of proit sharing investment and trade inancing.
In operational for Islamic inancial institutions in order not to deviate from the guidance of sharia then at any Islamic inancial institution LKS only appointed manager and head
of the bank that is a bit much mastered the principles muamalah Islam, other than that established the Sharia Supervisory Board DPS, which oversees the operations of the bank
of syariahnya corner.
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he main legal basis in operationalization if LKS, especially Islamic banking is the Qur’an and Hadith. he following will take the several verses in the Qur’an, among others:
a. Al-Baqarah: 275, which means: “people who eat take usury can not stand but as stands one whom possessed devil because of the pressure insanity”.
b. Al-Imran: 130, which means: “O ye who believe, do not take usury doubled and fear Allah and that ye may prosper.”
c. An-Nisa ‘: 29, which means: “O ye who believe, do not eat each other neighbor’s property with a false way, except by way of commerce that applies to consensual
among you”. In addition to some verses of the Quran and based on positive law, a cornerstone in
operasionalization especially for Islamic banking is Law No. 21 of 2008 concerning Sharia Banking Islamic Banking Act. Government Regulation No. 72 of 1992 concerning Bank
Based on Principles of Sharing, in which among other things regulates the provisions on the establishment of a Commercial Bank Nirbunga. Pursuant to Article 28 and 29 of the Decree
of Directors of Bank Indonesia Number 3234 KEP DIR dated May 12, 1999 of the Bank based on the Principle Sharing, set about some business activities that can be done by Bank
Syariah, PBI 1032 PBI 2008 dated 20 November 2008 on the establishment of Sharia Banking Committee
Other rules speciically governing the contract in a business based on sharia principles is Bank Indonesia Regulation Number 1016 PBI 2008 on Amendment to Bank Indonesia
Regulation No. 919 PBI 2007 regarding the implementation of Sharia in the Activity Fund Raising and Disbursement as well as Islamic Banking Services. Other regulations that
provide the basis for Islamic Banking operasionalization is Law No. 50 of 2009 on the second amendment of Law No. 7 of 1989 on Religious Courts. In the law on Religious Courts are
syariah economic sense and their absolute competence of the Religious Court in resolving disputes sharia economy. his is airmed in Article 49 of Law No. 1 letter 3 h. 2006 on the
Religious Courts.
Islamic banking activity, since the enactment of the Law on Islamic Banking to date have shown very postitif prospects for economic progress and in practice showed a very good
development. Internationally, Indonesia is seen as strength and has great potential global Islamic inance. As has been described above that Indonesia ranks 9th out of 10 largest
countries in the ield of inance. Nationally, the development of Islamic banking industry is still growing, but growth is slowing according to the data in Table 2 above on the development
of Islamic banking. herefore, in order to accelerate the growth of Islamic banking is getting stronger then some persilan is a constraint in practice need to be addressed.
Muamalah activities concerning economic aspects include activities to improve the welfare and quality of life, such as: purchase, savings and loans, debts, joint ventures and so
on. Community activities in the ield of Islamic banking in muamalah known aqad. Aqad is part of tasharruf. Tasharruf is all that comes out of a man, with his will and Personality
‘establishes some rights.
