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 dispute

highlights a possible transaction arose in Islamic economics.
Anis Believes That Bapepam Regulations must be worn if there is a dispute in syariah-based
securities transactions. The line cans pass the Indonesian Capital Market Arbitration Board
(BAMUI) or other mediation agency, he met Pls hukumonline toll after Indonesia's first
Investor 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 the
religious court. He is basing on the provisions of Law no. 3 of 2006 Concerning Amendment
to Law no. 7 of 1989 Regarding the Religious Judicature. Nevertheless, both agree That the
dispute over the Islamic economy lately, Often it appears to be done on the right track. They
look 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) to
the 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's
too 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 prices
During 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 case
to institute sharia abitrase. In fact, the new Islamic Disputes Can Be Brought to the
institution abitrase if both parties agree. IAEI Himself claims to have reported this case to
Bank Indonesia, the Islamic banks are Concerned, the National Islamic Council of
Indonesian Ulama Council (DSN-MUI) and Sharia Supervisory Board (SSB), but the results
Remain 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 to
grow. BI Itself as a banking supervisory authority, Including That Islamic banks have
warned 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 transaction
occurred, 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 to
remove the power of Islamic banking system.

Minimum Standard
Indeed, 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.
The problem, in terms of human resources Reap still many problems. Data IAIE mention,
of 2.000 Religious Court Judges, only 500 are expected to meet the standards.

Another problem, there is no reference to the sharia Judges Pls settling Disputes. Reference
That currently there is a product of secular law and therefore May not be Able to resolve the
dispute sharia.
To overcome this, the Department of Justice and Human Rights has established a team
assigned to review the compilation of Islamic law. The product of this teamwork is a
compilation of Islamic law, both criminal and civil actions That will from be a reference of
religious court Judges.
So, despite existing laws, religious court system, cans still not work. We'll wait.

Referency :
http://www.yahoo.com
http://www.hukumonline.com
http://www.thewashingtonpost.com
http://www.islamicfinancexpert.com
http://www.google.com
http://www.CNN.com
http://www.InfoMediaIlmiah.com