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Dispute Resolution Still Arguably Islamic Bank

Dispute Resolution Still Arguably Islamic Bank

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Published by Tmr Gitu Looh

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Categories:Types, Business/Law
Published by: Tmr Gitu Looh on Nov 03, 2010
Copyright:Public Domain


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By Timur Abimanyu, SH.MH
The Washington Post
Dispute Resolution Still Arguably Islamic Bank 
 Religious Courts still do not have a reference to resolve disputes. Are organized compilation of sharia law in civil and criminal.
Head of Accounting Standards and Disclosure of Bapepam-LK Anis Baridwan disputehighlights a possible transaction arose in Islamic economics.Anis Believes That Bapepam Regulations must be worn if there is a dispute in syariah-basedsecurities transactions. The line cans pass the Indonesian Capital Market Arbitration Board(BAMUI) or other mediation agency, he met Pls hukumonline toll after Indonesia's firstInvestor Forum in Jakarta on Tuesday (1 / 8) .. President Director Karim Karim Business Consulting Adiwarman Azwar another opinion.He saw That if there is a dispute in the Islamic economy will from be completed in thereligious court. He is basing on the provisions of Law no. 3 of 2006 Concerning Amendmentto Law no. 7 of 1989 Regarding the Religious Judicature. Nevertheless, both agree That thedispute over the Islamic economy lately, Often it appears to be done on the right track. Theylook in the mirror in the case of two leading Islamic banking with Pertamina. The story, two years ago, Pertamina filed murabaha financing scheme (sale and purchase) tothe second Islamic bank to finance the procurement of 100 units of vehicles.Agreed That
EACH Islamic banks to channel financing for 50 units of vehicles. One time, Pertamina'stoo late to pay, however, unilaterally, one of the banks Suddenly raise prices on murabaha.In fact, According to contract agreement murabaha, the Islamic bank Should not raise pricesDuring the period of financing. Since the dispute erupted. According to the Secretary General of the Association of Islamic Economics (IAEI)Agustiono, the dispute is still not finished Because the banks are reluctant to bring this caseto institute sharia abitrase. In fact, the new Islamic Disputes Can Be Brought to theinstitution abitrase if both parties agree. IAEI Himself claims to have reported this case toBank Indonesia, the Islamic banks are Concerned, the National Islamic Council of Indonesian Ulama Council (DSN-MUI) and Sharia Supervisory Board (SSB), but the resultsRemain nil.The case above is a small sample discreetly That Appear in the world of Islamic banking.Data from the Directorate of Islamic Banking mentions BI Throughout 2005 Until the end of June 2006 at least there are 150 Islamic Disputes. In fact, Such cases tend to continue togrow. BI Itself as a banking supervisory authority, Including That Islamic banks havewarned the Islamic banks do naughty practices. Data evaluation of the performance of Islamic banks by BI mention a variety of Findings. Not just a matter of bad practice of Islamic banking, but Also the problem of Islamic banking products Issued. The document said the banking system, the product is cumbersome. Because the transactionoccurred, although Recorded in the books of banks, but still violate the principle of  prudence. Muamalat director Andi Buchori acknowledge That the systems runs at Islamic banks has not been perfect. but he believed all the cases That Arise earnest not be Able toremove the power of Islamic banking system. Minimum StandardIndeed, since the Law no. 3 / 2006 was passed, Should the dispute has will of Islamic banking see a bright spot. The law insists That all Disputes be resolved in the Courts of Islamic economics Religion.

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