Kewenangan Peradilan Agama Atas Sengketa Perkara Perbankan Syariah Dalam Perspektif Sistem Ketatanegaraan

., Hasim (2019) Kewenangan Peradilan Agama Atas Sengketa Perkara Perbankan Syariah Dalam Perspektif Sistem Ketatanegaraan. Doctoral thesis, Untag 1945 Surabaya.

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Abstract

Religious Courts designation gift from Dutch colonial rule on August 1, 1882 with the 1882 Statute Number 152 published previously named general of Islamic Courts. Position and authority of the Religious Courts at that time based on the fact receptio theory in complixu Van den Berg Dutch legal expert is Islamic law (sharia) continues to be applied to the Islamic community, having previously been applied in everyday life. Position and authority of the Religious Courts began reduced in the presence of the General Court (landraats) in terms of the criminal case and on the laws of inheritance are missing from the authority of the Religious Courts on the date of the 1937 Statute No. which states: "The law of inheritance may be applied to the Religious Court if it has been recognized as customary law" are also in the fact Snough Her Gronje receptie theory forwarded by his students named Van Volen Hoven and Har Terr. Receptie theory continues to be pursued by the Japanese colonial government. Position and authority of the Religious Courts in the era of independence increasingly will be removed from the constitution by referring to Article II of the Transitional Provisions of the 1945 Constitution Emerging Religious Court as an institution recognized by the state with the issuance of Law No. 14 Year 1970 on Basic Provisions on Judicial Power Article 10 (General Courts, Religious Courts, Administrative Courts and Military Justice), amended by Act No. 30 of 1999 on Basic Provisions on Judicial Power, repealed and replaced by Act No. 4 of 2004 regarding Judicial subsequently amended by Act No. 48 of 2009 on Judicial Power. Judicial Authority issued new religion seem to Act No. 1 of 1974 on Marriage. Institutional Religious Court judges putusn unclear and not worth eksekutorial before getting confirmation from the Chairman of the General Court. Religious Courts can be said newborn with published Law No. 7 of 1989 on the Religious Courts. Recognition of Religious Courts under the judicial power can be seen in Article 2 of Law No. 7 of 1989 on the Religious and kewenangannnya contained in Article 49 as well as the inauguration of the General Court of the decision have been abolished.Position and authority to the Religious Court issued Law No. 3 of 2006 on the amendment of Law No. 7 Year 1989 regarding Religion Court on Article 49 letter (i) the additional authority on Islamic economic jurisprudence debated by experts. Two years later passed Law No. 21 of 200i8 on Islamic Banking. Whether or not the level of the legislation under which the judicial authorities and under banking legislation, but the involvement of the General Court has jurisdiction over Islamic banking is based on Article 55 of Law No. 21 of 2008 concerning Islamic Banking solve the absoluteness of justice prescribed by Article 10 of Law No. 14 of 1970 and created legal uncertainty.The issue of the status and authorities Religious Courts on Islamic banking authority has not been completed, appears in the body of the Supreme Court itself with published SEMA No. 10 of 2008 which states that the Religious Court has the authority over the disputed case of Islamic banking and two years later published again with SEMA No. 10 of 2010 which states that the authority to revoke the Religious and General Courts authority over matters of Islamic banking disputes. And ultimately the Constitutional Court (MK) with 93 /...../ Decision No. 2012 dated August 29, 2013 that the disputed case of Islamic banking authority of the Religious Courts. Position and authority of the Religious Courts in the state system was clear recognition, first, the legal source of all sources refer to Pancasila, second, by paragraph four 1945 opening "state based on God", Third, Amendment 1945 Article 24, paragraph (2), Article 28D, Article 29, and Article II of the Transitional Provisions. And the position and authority of the Religious Courts when seen from The constitutional system approach to social history, his position there and authority includes civil and criminal cases.

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