CHOICE OF FORUM DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH PASCA TERBITNYA PUTUSAN MAHKAMAH KONSTITUSI NO.93/PUU-X/2012

Abstract

The dispute resolution process which emerges after the issue of the
Islamic Banking Law No. 21/2008, has led to occurrence of dispute
settlement or contention regarding to the institution for the dispute
resolution. The dispute occurs between the Basyarnas with the District
Court or between Basyarnas with Religious Courts or between the
Religious Courts with the District Court. This problem occurs due to
legal clarification of Article 55, Paragraph 2 issued by the Constitution
Court, which confirms that the article is against the Constitution and
has no binding legal force. This study discusses the possible alternative
of dispute settlement forum in Islamic banking after the publication
of the legal decision of the Constitution Court No. 93/PUU-X/2012,
discuss the sharia banking dispute resolution before and after the
inception of Act No. 21/ 2008 about Islamic banking, the legal decision
of the Constitution Court No. 93/PUU-X/2012, and the choice of
dispute settlement forum in Islamic banking after publication of the
legal decision of the Constitution Court No. 93/PUU-X/2012.

Kata kunci: Choice of Forum, Sengketa Perbankan Syariah, MK No.
93/PUU-X/2012