Rahadi Wasi Bintoro (2018) Hukum Acara Peradilan Agama Dalam Bidang Ekonomi Syariah Berlandaskan Prinsip Peradilan Sederhana, Cepat Dan Biaya Ringan. Disertasi thesis, UNIVERSITAS AIRLANGGA,.

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Abstract

Sharia economy as a business entity, requires simple dispute resolution that has legal security, but the existing procedural law still does not accommodate the simple justice principle. Hence, the legal issues raised in this dissertation are: Absolute Competence of Religious Courts in the perspective of the Islamic personality principle in terms of sharia economy and legal reform on the procedural law based on simple justice principle. In order to answer it, a conceptual approach, case approach, legislation approach and of comparative law approach are used. The results show that: Firstly, the principle of Islamic personality is characterized by only the religious court where as the subject are Muslim or those who are subject to Islamic law and regarding Sharia economy, the legal relationship should be based on the sharia principles; Secondly, regarding to legal reform of the procedural law, mediation and small claims court are needed to accommodate simple justice, but the arrangement must be in accordance with the legislation. The author suggests that First: the stipulation of the absolute competence of the Religious Courts must be based on the principle of Islamic personality; Second, legal reform of procedural law shall be in the form of law.

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