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ABSTRAK

Muhammad Zulhefni, 13220221, The Bankers’ View on Rules Of The Supreme Court
Number 5 of 2016 about Sharia Economy Judge Certification (Study in
Islamic Banking of Malang). Thesis, Sharia Business Law Department, Sharia
Faculty, State Islamic University of Maulana Malik Ibrahim of Malang.
Supervisor: Musleh Herry, S.H., M.Hum.

Kata Kunci: Certification of Sharia (Islamic) Economy Judges, Disputes, Islamic


Economy Judge Certification, Disputes, Islamic Banking, View, Rules Of
The Supreme Court No. 5 of 2016.

Handover authority to prosecute sharia economy is an Islamic Religious Court’s


absolute authority. In the process, this Islamic Religious Court’s handover absolute
authority is being criticized by various involved parties. They stated that Islamic
Religious Court had not been competent to handle sharia economy cases. Therefore, the
Islamic Religious Court has begun to improve its skill to ensure all of involved parties
by doing various Islamic Economics related training both inside and outside the country.
One of its latest effort, namely through certification judge sharia economic is Supreme
Court Rule Number 5 of 2016 about Sharia Economic Judges Certification.

The research questions of this study are: 1) how do the Islamic banks agents
view on the urgency of economic justice of the Shariah-compliant certification?; and 2)
how are the efforts of the agents of Islamic banks on Islamic economic dispute
resolution after the legalization of Perma Number 5 of 2016 about Islamic Economy
Judge Certification? This research is a field research that examines the opinions of the
agents of Islamic Banking on the Islamic economics judge certification as well as their
efforts in resolving economic disputes. This study used a qualitative approach because it
puts human being as the main subject of the study. As for method of analysis, the
research used descriptive qualitative analysis method.

1
The results of this research show that the agents of Islamic banking give consent
to the certification, as they argue that the certification is needed by an Islamic judge in
order to understand the Islamic banking more detail so the Islamic judge can give a fair
verdict for all parties. Meanwhile, the efforts that have been taken by the Islamic
banking party to complete the disputes are generally done through mediation. However,
there are still many Islamic banking doing litigation in District Court.