CONSIDERATION OF JUDGES' DECISIONS IN HANDLING DISPUTE CASES

• Main Authors: Nafisah, Ummi, Rosyadi, Imron
• Format: UMS Journal (OJS)
• Published: Universitas Muhammadiyah Surakarta 2024
• Subjects: default, judge's consideration, sharia economics, panel of judges, case.
• Online Access: https://journals2.ums.ac.id/index.php/profetika/article/view/3929
• Summary: Regarding the disclosure in the contents of the copy of the judgment Number 0295/Pdt.G/2023/PA.Bi which is the primary source of this research data, the purpose of the study is to gain an understanding of the basic principles underlying decisions in Sharia Economic cases. The panel of judges determined that the Defendant on behalf of the individual had indeed committed an act of breaking promise with juridical ties related to the basis of the definition of default. The normative juridical methodology carried out qualitatively through the use of principal component analysis is what we apply in this case. The purpose of this study is to investigate the basic principles of Islamic legal theory to ensure appropriate action in the field of Islamic Economics. The study was conducted both from an academic point of view and in the context of the regulation itself. This study produced a number of findings, one of which was to determine the validity of the default committed by the Defendant in this case. This research is based on the Considerations in Law Article 1243 of the Civil Code (KUHPercivil) jo, as well as the contents of Articles 36 and 37 of the Compilation of Sharia Economic Law (KHES).