PERAN FATWA DEWAN SYARIAH NASIONAL DALAM PENYELESAIAN SENGKETA EKONOMI SYARIAH DI PENGADILAN AGAMA

Abstract

Abstract

This paper attempts to solve the problem of the role of the National Sharia Council Fatwa in resolving Sharia Economic disputes in the Religious Courts, which is formulated into the following problem statement: What is the position of the National Sharia Council fatwa in the Indonesian national legal system? And what is the role of the National Sharia Council's fatwa as a consideration for Religious Court Judges in deciding sharia economic cases/disputes? This research is library research. Meanwhile, the type of research is qualitative research using descriptive analytical methods. The results of the research show that Firstly, the role and position of fatwas are very important, in this case the fatwas of the National Sharia Council, for sharia banking in carrying out its business activities, so it is natural that if a dispute occurs regarding these business activities the judge can use it as a source of law to be used. basis for adjudicating sharia banking cases in the Religious Courts. Second, dispute resolution in the judge's court must use references to laws relating to sharia economics. Apart from that, judges must also understand the DSN fatwa which is also taken into consideration by judges in deciding sharia economic cases, because sharia economics is built with sharia nuances. Thus, the DSN-MUI Fatwa has a very important role in efforts to develop products for sharia financial institutions, both banks and non-banks. The position of the DSN-MUI Fatwa occupies a very strategic position for economic progress and sharia financial institutions. The DSN-MUI fatwa is not only binding for practitioners of sharia economic institutions, but also for the Indonesian people, especially since the fatwa in question has been made into positive law through Bank Indonesia Regulations. The DPR RI even changed and/or amended Law Number 7 of 1989 concerning Religious Courts to become Law Number 3 of 2006.

Kayword:              National Sharia Council Fatwa, Dispute Resolution, and Religious Courts