Penyelesaian Sengketa Perbankan Syariah

Abstract

This article discusses the process of resolving disputes in Islamic banking in Indonesia, which includes relevant laws, related institutions, and alternative methods that align with Sharia principles. The focus of this study is on the key factors that lead to the emergence of disputes in Islamic banking in Indonesia, the mechanisms for resolving these disputes through both litigation and non-litigation channels, and the challenges faced in implementing dispute resolution in Islamic banking in Indonesia. The research methodology employed in this study is a descriptive and qualitative approach, utilizing phenomenological and library research methods. This article will provide a more detailed discussion on the resolution of disputes in Islamic banking. The research findings indicate that the resolution of Islamic banking disputes in Indonesia occurs through two main channels: the litigation route through the Religious Court, which has exclusive jurisdiction, and the non-litigation route, such as mediation, arbitration, or through BASYARNAS, which is often preferred due to its efficiency and alignment with Islamic values. Although the legal framework for dispute resolution is clear, there are still several challenges that need to be addressed, such as limited resources, low public awareness, a lack of understanding of Sharia, and the complexity of procedures, all of which require serious attention to create a more just and effective dispute resolution process.