5

raises the absence of legal uncertainty as mandated

by UUD 1945 Article 28D paragraph (1).

5) That if an Act is free to vote

use a state facility (judicial institution), whereas the other paragraph

expressly determines which judiciary should be used, then

with The release of the release will result in various interpretations

from the various parties let alone another paragraph hint at to

meeting the principles in this principle of sharia so

raises the question of whether the selected judiciary or the

being promised by each party As set forth in Section 55 of the paragraph

(2) The Law No. 21 Year 2008 has fulfilled the principle

sharia as signaled by Article 55 of the paragraph (3) Undnag-Invite

No. 21 of 2008. This is where there will be uncertainty

its laws, while Article 55 of the verse (1) expressly set if

there is a dispute then must be exercised in a court of space

the scope of the Justice of Religion. This will not be selected by the parties if

disputes disputes in syariah banking.

6) That the Constitution of 1945 Article 28D paragraph (1) has expressly set forth that

The Act must guarantee the existence of legal certainty and justice.

Then if we look at Article 55 of the Law No. 21 of 2008

on Sharia banking, that is between Article 55 of the paragraph (1) with Article 55

paragraph (2) and the verse (3) there is contradictory in which one is expressly

mentions and others liberating to choose, then with

the contradictory presence That's between the one with the other.

self-interpretation so that the meaning of legal certainty becomes not

there.

7) That according to the applicant what is set in Chapter IX of

resolution of the dispute is Article 55 paragraph (1), paragraph (2) and paragraph (3)

Act No. 21 of 2008 on Sharia Banking, arise

contradictory between paragraph (1) that expressly rules in the event of a dispute

in the Banking of Sharia then must be exercised in the environment

The Justice of Religion. While the paragraph (2) provides the option to the

party bound in an act to choose to be exercised in

which judicial environment will be implemented in the event of a dispute within

6

Syariah Banking. And so it can be assumed that the parties may vote

whether or not in the Peradila environment, or in the General Justice

even in another judicial environment is perdition by the paragraph (2)

Article 55 of the Act No. 21 of the Year 2008 provided that it is listed in

akad. In the presence of paragraph (2) Article 55 of Act No. 21

The year 2008 is very clear there is absolutely no legal certainty that

is guaranteed by the Constitution of 1945. Thus it is clear Chapter IX of

resolution of the dispute Article 55 paragraph (2) is very contrary to

Constitution of 1945 Article 28D paragraph (1).

8) That due to the absence of legal certainty with the proposed paragraph

(2) Section 55 Act No. 21 of 2008 gave birth anyway

worries in this Act so that it is glorified paragraph (3) Article

55 Act No. 21 of 2008. While the paragraph (3) of Article 55

Act No. 21 of 2008 does not need to be published if there is no

paragraph (2) Article 55 of the Law Number 21 of 2008 on Invite-

Invite the Syariah Banking.

9) That it is for the cause. reflect the existence of a Legal certainty as

guaranteed by the State of the Republic of Indonesia in 1945 Article 28 D paragraph (1). Then paragraph (2)

Article 55 of the Law No. 21 of 2008 must be declared not to have

a binding legal force.

10) That the applicant in this case is highly interested in the cause

The applicant as a Muamalat Bank nasabah Indonesia, Tbk Bogor Branch

strongly felt aggrieved by the existence of paragraph (2) Article 55 of the Act

No. 21 of 2008 on Sharia Banking. The loss sustained

by the applicant in which the device is now being taken care of through

pleas to the Supreme Court, it is about the authority of prosecuting.

So did the applicant believe a lot of customers from Muamalat Bank

Indonesia, Tbk who felt aggrieved for the absence of certainty

The law as we have raised above.

11) That ultimately expected law is present in the middle of society

run not just according to the words black-and-white of regulations

(according to the letter), but according to the spirit and meaning more

in (to the very meaning) of the Act or the law. The law does n' t

run only with intellectual intelligence but with

7

spiritual brilliance. Running the law must be with determinations,

empathy, dedication, commitment to the plight of the nation to dare

find another way to the truth, justice and legal certainty of para

justice seekers.

Then based on matters which we have raised above for the sake of

the legal certainty guaranteed by the Constitution of 1945 Article 28D paragraph (1), then if

The Supreme Court of the Court of Justice Contitusi deigned to cut off as

following:

1. Accept and grant the applicant's request

2. Stating that the (2) section of the (2) paragraph charge and paragraph (3) of Section 55 Invite-

Invite Number 21 Year 2008 on Sharia Banking contradictory

with Article 28D paragraph (1) of the Constitution of 1945

3. It states that the material (2) and verse charge (3) of Article 55 of the Act

No. 21 of 2008 on Sharia Banking do not have the power

binding laws

4. Ordering this ruling to be announced through the state sheet

5. Submit this decision to the Supreme Court of Justice Court

e applicant has a constitutional right to

apply for this to do a Material Test Request

Act No. 21 of 2008 on Sharia Banking that is

Article 55 of the paragraph (2) and the paragraph (3) that governs about the settlement

dispute. Against the Basic Law of 1945 Article 28D paragraph (1).

3. SUBJECT 1) That the things that have been put forth in the authority of the issue

the constitution and the legal position of the applicant as described above

are an inseparable part of the subject

this.

2) That the applicant as a citizen of Indonesia intends to submit

request for a materiel test of Law No. 21 of 2008 on

Banking of the Republic of Indonesia 2008

No. 94) Article 55 of the paragraph (2) and paragraph (3) set about

settlement of disputes. Article 28D clause (1) UUD 1945.

3) That Act No. 21 of 2008 Article 55 pon but given the option in another judiciary. It would also

contradictory to the 2009 50-Year Act on

The Competency of Religious Justice. The competence of religious justice is

11

is a legal certainty for the person who wants to be litigated in

the issue of the Islamic economic bank;

The view that there is Article 29 verse (2), " State guarantees independence at any time

citizens of their religion to "To carry out his scarf". According to the expert

implementing the sharia economy in religious courts is the form

of the implementation of Article 29 paragraph (2), then the state has an obligation

protecting the legal rights for each of its citizens. In addition, Article 28

paragraph (1), it is clear about legal certainty, that is that each person is entitled to

recognition of a guarantee of protection and fair legal certainty as well as

equal treatment before the law. According to the expert, that equality before

the law is the position between the court of religion and the courts

the country, but because the religious courts have been justified by the Invite-

Invite its own, so that it may be the same as the law. This is an absolute competence for

religious courts;

Witnesses of the Applicant Muhammad Ikbal of the witness that the witness is a Bank of the Bank Muamalat of the Bogor Branch that was in

at the time using the al-musyarakah financing facility. According to witnesses,

Bank Muamalat is one of the banks applying the principles

of sharia banking. When a witness company is confronted with a Bank issue

Muamalat, outside the alleged witness companies get a letter of designation from

The Bogor State Court is unmanning and the seizure of executions against

assets that have been warranted to Muamalat Bank;

The view that according to the witness, it should be the actual procedure never

placed by the Muamalat Bank, such as the settlement through the arbitration of sharia

or the settlement of the banking case sharia that should be done

in a judicial environment that substantive drugging things that

is related to the Islamic Islamic values;

The view that in the dispute the dispute is, the deliberations that

in accordance with the principles of sharia are not applied by the Muamalat Bank and

precisely which Muamalat Bank directly applied for

unnmanning and the Bogor State Court execution;

The view that with the issue, witnesses do consultation

with the adviser the law, and according to the legal counsel it should be

12

authorized in this case to conduct dispute resolution is

by religious or arbitsharia courts and not through trial

the country is due to Bank Muamalat is a bank that applies the principle-

the principle of sharia banking and not a convesitional bank;

The view that according to the witness, it should be to resolve this issue

using the applicable Syariah Banking Act and

based on the results explanation of legal counsel there is legal uncertainty,

that is on Act No. 21 Year 2008, Article 55 paragraph (1) which

reads, "Settlement of sharia banking disputes is conducted by

the courts in the religious judicial environment"d an on Article 55 of the paragraph (2)

reads, "In which case the parties have promised a dispute settlement

other than as referred to in paragraph (1), dispute resolution is done

in accordance with the contents of the acad", while the verse (3) reads, " Completion dispute

as referred to in paragraph (2) should not be contrary to principle

sharia ";

[2.3] A draw that against the applicant's request, the Government has

provided the description in the trial on November 28, 2012,

as follows:

The purpose of the purpose National development is the creation of a fair society and

prospering based on economic democracy. One form of excavation of the potential

and the form of public contribution in the national economy is

the development of an economic system based on the value of Islam or sharia with

elevates its principles to the The national legal system. The principle of sharia

is based on the values of justice, independence, balance, and

universality, lilalamine rahmas. Such values are applied in

banking arrangements based on the principle of sharia called

sharia banking. The principle of sharia banking is a part of the teaching

Islam related to economics;

The principle of one of the principles in the Islamic economy is a ban on riba in various

forms and uses systems, among others, principles For results. With

principles of yield, sharia banks can create a healthy and fair investment climate

since all parties can share both the benefits and potential risks

that arise so it will create a balanced position between the bank and

the nasadome. Meanwhile, the settlement of disputes may arise on

13

sharia banking will be conducted through trial in judicial environment

religion. In addition, it opens the possibility of a dispute settlement through

the mediation, banking mediation, national sharia arbitration agency or the institution

arbitration, or through a court in the general judicial environment along

agreed upon in the acad by the parties and in accordance with the principle of sharia;

the case against the presumption of the applicant stating the provisions of Article 55 of the paragraph (2) and

paragraph (3) the Sharia Banking Act has led to

legal uncertainty as a result of dispute resolution agencies in banking

sharia, The government can provide an explanation as follows.

The activity of sharia banking activities is embodied in acads that

it is made, whether it is in the form of musyarakah, mudarabah, or other forms

other. Actions make such acads included in the muamalah classification.

The basic Kaidah for muamalah perdata is anything except

that is clearly forbidden. Muamalah in conventional law

is known as a civil or private term. In the term it is called, in

essentially all forms of muamalah can be done unless there is a postul

expects it. Thus, in the event the principle is

everything is allowed to the extent not in violation of the sharia provision.

If there is then a dispute over the acad of the sharia bank because

is included in the rule of the sharia. The parties are free, then the parties are exempt

to solve it in a manner that according to the parties along

does not violate the provisions which have been prohibited by sharia;

The provisions of the settlement dispute over the Sharia banking

is a part of the principle of freedom of contract. It is also in line

with Islamic sharia gings namely, supreme of law and equality

before the law. The interpretation of the supreme of law is one

is the legal certainty, rechtstaat is a legal certainty, then with

given it the legal option for the person entering in the judiciary, will

inflict confuse or legal confusion. Therefore, then the expert

sees Section 2 of the paragraph (2) and the verse (3) is irrational, because it is contradictory

with the verse (1). One is to be held judicial in the judiciary

religiement

dispute, given the dispute resolution is a problem The next

between the parties that can be completed in accordance with the agreement

has been promised the parties in the accession or the agreement. This is in line

with the principles of civil law concerning the freedom of contract concluded

in the provisions of Section 1338 paragraph (1) of the Code of Laws (1) of the Code of Laws (1) of the Code of Laws (1) of the applicable Code of Laws (1) of the Agreement, Act for

17

they are making it. In the law, sharia is known as the "muamalah," the presence of asas al-sufiah, al-muamalah, al-ibahah. That the base

the law in the field of muamalah or the relationship between individual persons is

mubah or may. Nevertheless, an alternative to the dispute settlement that

is promised in that acad should not be contrary to the principle

sharia;

The view that although it opens the possibility of alternative dispute resolution other than

through a court institution in the religious judicial environment, but use

settlement of the promised dispute in the accession between the parties, in

this paragraph provision (2) Section 5 of the Sharia Banking Act, either

through deliberations, mediation, arbitration, and the courts of the environment

General justice, obligatory based on sharia principles. This

stated clearly in Section 55 of the paragraph (3) of the a quo Act which

states, " The resolution of the dispute as referred to in paragraph (2) is not

may conflict with the principle of sharia, so certainty is the fixed law

can be guaranteed for the parties. ";

The view that it is open is likely the parties to vote for the court below

the general judiciary. The explanation of Article 55 of the paragraph (2) of the a quo among others

considering the bank of sharia on its nature is not necessarily the person

an Islamic person. Under Article 1 of 16, "Nasabah

is a side that uses the services of sharia bank and/or sharia business unit."

No restrictions on religion, trust, for sharia bank nasabah

to use Sharia bank services as long as it is willing

subject to the provisions and principles of sharia in the implementation of the acad

between the nasabah and the sharia bank is included in the event of a dispute. Then,

the dispute settlement process (though not the common judicial line)

must remain appropriate and should not be contrary to the principles of sharia;

the failure of that under applicable laws, settlement

a civil dispute on the side may be submitted to the general judiciary, also open

likely submitted via nonjudicial lines such as arbitration and alternatives

dispute resolution. This is in line with the provisions in the Act

Number 30 of 1999 on Arbitration and Alternative Dispute Dispute;

the statement that under the provisions in Section 49 of the Law Number 3 Year

2006 of the Court religion, religious courts serve and authorities

18

examine, disconnect, and resolve cases in the first level, between

people who are Muslims. Among those in the field of sharia economics,

includes sharia banking. In practice, in the proceedings

the religious courts are not expected to be a choice in case of matter

the perpetual dispute, related to the proceedings in the judicial environment

in general, even the religious courts. respect the decision of the court.

This is illustrated in the provisions of Article 50 of the paragraph (1) Act Number 3

The year of 2006 that reads, paragraph (1), " In the event of a dispute over property rights or

other disputes in the matter as referred to in Article 49, special

regarding the object of the dispute must be severed It was first by the courts

in the general judicial environment. " In the description of this section it is stated

that if a subject submits another property rights dispute

it is not subject to a dispute in a religious court, a dispute in

the religious court is adjourn to waiting for the verdict of the lawsuit filed to

the court in the general judicial environment. The suspension is intended only

done if the objecting party has submitted evidence to the court

religion that it has registered a lawsuit in a state court against the object

a dispute similar to a dispute in court Religion. This suggests

that the existence of a legal option in the dispute resolution process is

made possible and does not reduce legal certainty for the parties;

The view that other than the views are constitutionally, theoretical, and yuridis as

described above in connection with the testing of the provisions of Section 55 Invite-

Invite a quo is seen as needing to see the formulation of the section 55

Act a quo in the bill's discussion of the bill a quo

relayed later;

The DPR ' s caption Thus the House caption Submit for consideration for

The Supreme Court of Justice of the Constitutional Court is to examine, disconnect, and

prosecute the case a quo and may provide a ruling as follows.

1. Received the overall number of Representatives;

2. Declaring Section 55 of the paragraph (2) and paragraph (3) of Act No. 21 of the Year

2008 does not conflict with Article 28D of paragraph (1) Basic Law

1945;

3. Article 55 of the paragraph (2) and paragraph (3) of Act No. 21 of the Year

2008 still has a binding legal force.

19

[2.5] weighed that against the applicant ' s plea, the Court has

calling the expert DR. Muhammad Syafii Antonio, M. Ec., who had provided the following in the trial on January 29, 2013, as follows:

The idea that in sharia banking knew there were some types of financing,

first, there was called with financing based on selling

buy, i.e. the bank bought first the needs of the applicant, then

after being bought by the bank, then sold back to the applicant with

the margin. For example, Mr. A requires one vehicle, at a price

Rp200.000.000.00 then purchased by a bank from a dealer, for example at a price

Rp200.000.00 then in accordance with the capacity and the ability to pay si

nasabah is sold back to a customer with a price of Rp300.000.00 for

the agreed period, for example 60 months. Then, for 60 months, the nasabah

squeezes and before the lunas, the vehicle is still warranted to the bank;

The financing of the second is called by the financing murabahah and there is also

the financing-financing is almost similar to Bai Al-

Istishna, i.e. order to make it, then resale. Type

The second financing is for the results. For these results there are some types,

but the most commonly referred to with Al-Mudharabah and Al-Musyarakah.

Which >

hosting law enforcement and justice for the people justice seeker

Certain matters, among other people who are Muslims in the field

marriage, inheritance, wills, grants, wakaf, zakat, infak, alms, and economics

sharia;

the fact that other than through the court path, a dispute resolution outside the path

the court was an attempt before the court path. The setting

against a possible departure dispute between the Cloud Service and

the sharia bank, in the a quo Act provides an alternative to the settl the third door to go to the general judiciary, but only

Basyarnas only and/or only the judiciary in the Religious Injustice environment only

so that it is already clear and not repeated this issue

at a later date.

[2.6] A draw that the applicant and the Government have delivered

a written conclusion received in the Their respective Court of Justice in

dated February 5, 2013, at which point each party remained on

its stance;

[2.7] weighed that to shorten the description in this ruling,

everything which happened at the trial was quite appointed in the news of the event

the trial, which is an entity that is inseparable with

this verdict;

3. LEGAL CONSIDERATIONS

[3.1] Draw that the main legal issue of the applicant's plea is

regarding the constitutionality testing of Article 55 of the paragraph (2) and paragraph (3) Invite-

Invite Number 21 Year 2008 on Sharia Banking (State Sheet

The Republic Of Indonesia 2008 Number 94, Additional Gazette Republic Of State

23

Indonesia Number 4867, subsequently called Sharia Banking Act) against

The Basic Law of the Republic of Indonesia in 1945 (next

called UUD 1945);

[3.2] weighed that before consider the subject of a request,

The Constitutional Court (later called the Court) would consider

in advance of the following:

a. The Court's authority to prosecute a quo;

b. Legal standing (legal standing) Applicant;

Against those two, the Court argues as follows:

The authority of the Court

[3.3] weighing that under Article 24C of the paragraph (1) of the 1945 Constitution, Article 10

paragraph (1) letter a Law Number 24 of 2003 on the Court

The Constitution as amended by Act Number 8 of the Year

2011 on Changes to the Law Number 24 Year 2003 concerning

Court Constitution (State Of The Republic of Indonesia Year 2011 Number

70, Additional List of State of the Republic of Indonesia Number 5226, next

called Act MK), Article 29 paragraph (1) letter a Law No. 48 Year 2009

on the Power of Justice (State Sheet of the Republic of Indonesia Year

2009 Number 157, Indonesia Republic of Indonesia Number 5076),

one of the Court's authority is to prosecute at the first level

and the final on which the verdict is final to test the Act

against the 1945 Constitution;

[3.4] weighed that by due to the applicant's request regarding

materiel testing Legislation against the Constitution of 1945 then the Court

authorities prosecute a quo;

Legal standing (legal standing) petitioner

[3.5] weighed that under Article 51 of the paragraph (1) MK Act, which could

acting as the applicant in testing an Act against

The Constitution of 1945 is those who consider the rights and/or authority

24

its constitutionality is harmed by the expiring Act

testing, i.e.:

a. Citizens of Indonesia, including groups of people who

have shared interests;

b. the unity of the indigenous law society as long as it is alive and in accordance with

the development of the society and the principle of the Republic of the Republic of Indonesia

which is set in Undang-Undang;

c. the public or private legal entity; or

d. country agencies;

[3.6] It is tied that the Court since the Number 006 /PUU-

III/2005, dated 31 May 2005 and Putermination Number 11 /PUU-V/2007, dated

20 September 2007 as well as subsequent rulings have been establish that

rights and/or constitutional rights losses as referred to in

Article 51 of the paragraph (1) MK Act must meet five terms, namely:

a. the rights and/or constitutional authority of the applicant given by

Constitution of 1945;

b. the rights and/or the constitutional authority by the applicant is considered

aggrieved by the enactment of the testing Act;

c. the rights and/or constitutional authority should be

specific and actual or at least a potential that according to reasoning

which is reasonable is certain to occur;

d. Due (causal verband) relationship between losses referred to

by the enactment of the testing Act;

e. It is possible that with the request of a request, then

the rights and/or rights loss of the constitutional authority as not

will or shall no longer occur;

[3.7] A draw that thus in order to a person or a party

may be accepted as the applicant in case of an Act testing

against the 1945 Constitution, according to the provisions of Article 51 of the paragraph (1) MK Act, person or

the party is to be:

a. explain the qualifiers, namely whether as a person of state

Indonesia, the unity of indigenous law, legal entity, or agency

country;

25

b. the rights and/or its constitutional privileges, in the qualification

as are referred to in the letter a, as a result of the invitation-

Invite which is required to test;

[3.8] It is balanced that the applicant is Individual citizens

Indonesia who is a Bank of the Bank of the Bank Muaddresses of the Bogor Branch who has

does acad with the Bank of Muaddresses and feels aggrieved

its constitutionality, due to the enactment of Article 55 of the paragraph (2) and the paragraph (3) of the Law. Banking

Sharia;

That the applicant feels disadvantaged Its constitutionality to

obtain protection and legal certainty, as well as the same treatment in

the presence of the law as guaranteed in Article 28D paragraph (1) of the 1945 Constitution.

Concreationally the loss resulted from the applicant as a nasabah from

Bank Muamalat Indonesia, Tbk. The Bogor branch that has done a bond

is an acad as Akta Notary No. 34 is dated July 9, 2009 and has been

updated with the financing acad Al-Musyarakah (about the extension

term and change guarantee) No. 14 is dated March 8, 2010, which

then a dispute with Bank Muaddresses, but the settlement process

the dispute does not expressly determine the designated trial for

resolving the dispute such.

That with the absence of freedom to vote, according to the applicant

has led to various interpretations in particular relating to whether

the judiciary selected or promised by each of the parties

as set forth in Article 55 of the paragraph (2) of the Sharia Banking Act

has met the principle of sharia as signaled by Article 55 paragraph (3)

The Sharia Banking Act. This may result in a

case of legal uncertainty, as in Article 55 of the paragraph (1) of the Act

a quo set it firmly that in case of a dispute it must be

executed in court in the religious judicial environment;

[3.9] weighed that under the Applicanther legal efforts. If any

other legal efforts after that, then cancel for the sake of law. The second,

if it is to be chosen is a religious court, then both

set it in accordance with the applicable rules and in order not to happen

dispute, according to the expert, if still open the odds for the go to court

general, will create a conflict between religious justice and the general judiciary.

So, according to experts it would be better to repeal the points (d) because according to the expert

removeonment The judicial system of the state and by a Court

Constitution ". The constitutional provisions are elaborated in the Judicial Act

Another syari'ah. "between religious people

Islam" is including a person or a legal entity that is itself

subjecting itself willingly to Islamic law regarding things

being The authority of the Justice of Religion in accordance with the provisions of this Section ", and

in that section the letter i states,"Which is "economy

syari'ah" is the deed or business activity that is exercised according to

the principle of syari'ah, among others, includes: a. "syari'ah; ..."

3. That the courts in the judicial environment of religion in

hold a judicial order to uphold the law and justice,

as well as the courts in the general judicial environment, have

functions, among others, prosecute matters. submitted to him and

executing forcefully against the ruling on the plea of a party

win (execution), when the losing party does not voluntarily

carry out its verdict. To perform that function above

a court in the religious judicial environment, as is the court

in the general judicial environment, in its derivatives (organizational structure)

there is a unit of heat, which is in the It's a matter of press, led

49

by a Panitera Tribunal [vide Article 26 of the Religious Corrects Act] which

the principal and function duties, among others, do the expropriation and execution

as described.

THE SUBJECT OF A PLEA That although the applicant's request is only about Section 55

paragraph (2) and paragraph (3) of the Syariah Banking Act, the Court in

consider it, to obtain a comprehensive understanding,

looking to need to confirm it. based on the entire paragraph in the section

the following Explanation of General and Explanation Article 55 paragraph (2) Act

Syariah Banking. For that, the Court will outline in advance

regarding Article 55 of the Syariah Banking Act. On the basis of Article 55 of the Law

Sharia Banking governs the resolution of disputes in banking

sharia, whether done on litigation and non-litigation.

To resolve based on litigation in a banking dispute

sharia Article 55 paragraph (1) determines to be the judicial authority in

the religious justice environment. This is in accordance with the court's authority

in the religious justice environment set out in Article 49 and its Explanation

of the Religious Justice Act as described in the above consideration.

For completion based on non-litigation Article 55 paragraph (2) determines

done based on the acad. What is referred to in Article 1 of the Act

Sharia Banking formulating a written agreement between the Bank

Sharia (BS) or the Syariah Business Unit (UUS) and the other party containing

rights and obligations to each party is in accordance with the principle of sharia.

In addition, what is agreed in the acad is special regarding

the non-litigation settlement is referred to in the General Description of the Banking Act

Sharia is determined, " In the meantime, a possible dispute settlement

on sharia banking, will be conducted through court in the environment

The Judicial Justice. In addition, there is also a possibility of a settlement

dispute through deliberation, banking mediation, arbitration institution, or

through the courts in the Public Judicial environment as long as agreed upon in

Acad by the parties " which is then described again in the Description of Article 55

paragraph (2) which states, " In question resolution

done in accordance with the contents of the Acad is an attempt as follows: a. Deliberations;

b. Banking mediation; c. through the National Sharia Arbitration Board (Basyarnas)

50

or any other arbitrage institution; and/or d. through a court in the environment

General Judiciary ".

There are two issues that need to be considered by the Court

in the General Description and Explanation of Article 55 of the paragraph (2) is related to

akad regarding the resolution of the sharia banking dispute. First, the problem of form a non-litigation settlement. Second, the problem of promising the transfer of power of a judiciary has been determined by

legislation.

Terms of non-litigation settlement forms Regarding the issue of non-litigation settlement form, I

argue, that explanation, both General Description and Explanation

Article 55 paragraph (2) as Considered above, it has determined the norm

that limits non-litigation settlement forms in dispute

sharia banking by defining its shape-form limitatively.

The determination is, namely with mention details of the settlement form

into the letter a, the letter b, and the letter c followed by the words "and/or" before

the d can be construed that the non-litigation settlement is limitatively

there are only 4 (fouus justice environment is one

the court as the judicial power offender who is under

the Supreme Court is the same as the court in the general judicial environment

as The constitutional provisions in Article 24 of the paragraph (2) of the Constitution of 1945 which

states, " The justice powers are performed by a Supreme Court

and the judicial body that resides under it in the judicial environment

general, the religious justice environment, the military judicial environment, and

the envirr) settlement forms that can be selected by the parties