Proceedings of the 4th Social and Humanities Research Symposium (SoRes 2021)

Legal Effectiveness of The Supreme Court Regulation on Sharia Economic Dispute Settlement in West Java Religious Court

Authors
Neng Dewi Himayasari*, Arif Rijal Anshoriarijalanshori89@gmail.com, Ira Siti Rohmah Maulidairasitirohmahmaulida@gmail.com
Universitas Islam Bandung, Bandung, Indonesia
Corresponding Author
Neng Dewi Himayasari
Available Online 23 April 2022.
DOI
10.2991/assehr.k.220407.015How to use a DOI?
Keywords
supreme court regulation; legal effectiveness; sharia economic dispute; religious court
Abstract

Religious Courts are given the authority to settle Sharia economic disputes in Article 49 of Act Number 03, 2006 about Religious Courts and has been confirmed by the decision of the Constitutional Court number 93/PUU-X/2012. Implementation the Supreme Court is given attributive authority to fill legal voids because the settlement of Sharia economic disputes carried out by the Religious Courts does not yet have a formal law so that there is a legal vacuum. To realize the principle of a simple, fast and low-cost trial, the Supreme Court issues various legal policies, one of which is in the form of a Supreme Court Regulation. This research examines the legal certainty and benefits of the Supreme Court Regulations, as well as measures the effectiveness or not of the Supreme Court Regulations in resolving Sharia economic disputes in court institutions. This type of research is qualitative with an empirical normative approach. The focus of the research that will be examined is the fulfillment of the factors of legal effectiveness against the Supreme Court Regulation on Sharia economic disputes in the religious courts of West Java, these factors are interrelated and are a benchmark for the effectiveness of law enforcement. The urgency of this research is to explain the legal certainty and benefits of the Supreme Court Regulations in realizing and shaping the aspired legal culture.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

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Volume Title
Proceedings of the 4th Social and Humanities Research Symposium (SoRes 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
23 April 2022
ISBN
978-94-6239-570-1
ISSN
2352-5398
DOI
10.2991/assehr.k.220407.015How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

TY  - CONF
AU  - Neng Dewi Himayasari
AU  - Arif Rijal Anshori
AU  - Ira Siti Rohmah Maulida
PY  - 2022
DA  - 2022/04/23
TI  - Legal Effectiveness of The Supreme Court Regulation on Sharia Economic Dispute Settlement in West Java Religious Court
BT  - Proceedings of the 4th Social and Humanities Research Symposium (SoRes 2021)
PB  - Atlantis Press
SP  - 82
EP  - 87
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220407.015
DO  - 10.2991/assehr.k.220407.015
ID  - Himayasari2022
ER  -