b. Outside the Court
The solution to dispute of customer protection outside the court can be solved in Islamic Arbitration body. Because Islamic Microfinance Institutions is one of the
financial institutions based on sharia, the dispute resolution of consumer complaints can be made through National Sharia Arbitration Body or BASYARNAS. This is in
accordance with the Microfinance Institutions that use Islamic principles in running their business activities shall be conducted in accordance with fatwah sharia issued by
the National Islamic Council, the Indonesian Ulama Council. It is stated in Article 12 of Law No. 1 of 2013 on Microfinance Institutions.
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In addition in Article 49 of the point I of Law No. 3 of 2006 on changes to Law No. 7 of 1989 on Religious Court
also mentions the relevant authority of religious courts in charge of examining, decide and resolve cases first level between the Islamic religion in the field Islamic
Economics , which is then interpreted as an act or activity carried out according to
Islamic principles, among others: a. Islamic Bank
b. Islamic Microfinance Institutions c. Takaful
d. Retakaful Reasuransi Syariah e. Islamic Mutual Funds
f. Islamic Bonds
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Kaffi Wanatul Ma’wa, Lo.cit.,p 19-21
g. Commercial Paper, medium-term sharia h. Sharia Securities
i. Mortgage Sharia j. Pension Funds Islamic Financial Institutions
k. Islamic Bank
It is based on Article 6 of Law No. 30 of 1999 on Alternative Dispute Resolution, which asserts that the dispute or difference of opinion civil cases can be resolved by
the parties through alternative dispute resolution based on good faith to the exclusion of the litigation settlement. Repressive Protection on the form of settlement of
customer claims against Islamic Microfinance Institutions should be resolved first by Islamic Microfinance Institutions that, if the agreement cannot reached, the depositor,
the depositor may apply for settlement through non-litigation it is through National Sharia Arbitration Body BASYARNAS, if not through arbitration institution, it can
be submitted to the FSA to obtain a settlement facilities. If an agreement has not been reached, it can be through court litigation in this case religion.
In additional there are also the Consumer Protection Provisions in Financial Services sector which is explain in Regulation of Financial Service Authority
No.1POJK.072013 The Regulation of Financial Services Authority No. 1POJK.072013, which explains
the Consumer Protection Provisions Financial Services sector is :