CHOICE OF FORUM DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH

Sari

Abstrak
UU No.3 of 2006 regarding Amendment of UU NO.7 of 1989 regarding
Religion Court (Peradilan Agama) give the additional authority to the
Religion Court, for examine, decide, and resolute dispute Syaria banking.
While UU No.21 of 2008 regarding Syaria Banking decides that a dispute in
syaria banking can be resoluted at Religion Court also can be resoluted at
General Court (Peradilan Umum). This of course can create a Choice of
Forum. Therefore it needs to be examine what are the method and the
dispute resolution type of syaria banking? And if the "Lex posteriorie
derogate lex priorie" principle and "lex specialis derogate lex generalis "
principle can be used in Choice of Forum resoluting a dispute in syaria
banking? From Ihe examinalion result can be delermine that the method and
the type of dispute resoluting of syaria banking according to UU No. 3 of
2006 and UU No.21 of 2008 can be used through the litigation process, in
Religion Court and General Court. Besides through the litigation process
also can be performed from the non-litigate process, discussion, banking
mediation, through Basyarnas or other arbitrate institution and alternative
dispute resolution with the regulation not against the syaria principal. The
"lex posteriorie derogate lex priorie " principle and "the lex specialis
derogate lex generalis" principle cannot be used in Choice of Forum
resoluting a dispute in syaria banking.