Parliament: Act on Banking Gives Alternative on Dispute Resolution Outer of Court

The trial continued reviewing Act 21/2008 on Islamic Banking held back the Constitutional Court (MK) on Wednesday (28/11). Case 93/PUU-X/2012 was registered with the Registrar of the Court was filed by Dadang Achmad.

In the trial to hear information from the Government, the Parliament, and the Expert / Witness, House of Representatives, represented by Adang Darajatun explained that Article 55 of Law Islamic Banking has provided alternative dispute resolution outside the court in the path of religious courts, both non-judicial path or through the courts in civil court. According to Adang, under the provisions of Article 49 of Law No. 3 of 2006 on the Court of religion, religious duty and authority to examine, decide and resolve cases at the first level, between people who are Muslims, including in the field of Islamic economics, including Islamic banking.

"In practice, in the process of litigating in a religious court had no choice in the matter hypocrite a civil dispute case, related to the judicial proceedings in general. Even the religious courts respect the court’s decision. This is reflected in the provisions of Article 50 paragraph (1) of Law No. 3 of 2006, which reads, paragraph (1), ‘In the case of property disputes or other disputes in the case referred to in Article 49, specifically regarding the object of dispute shall be decided in advance by the public of courts’," he said before the judges of the Constitutional Court headed by Chief Moh. Mahfud MD.

In explanation of this article, Adang also stated that when the subject filed a civil dispute or other proprietary rights is not the subject of dispute in court religion, religious disputes in court deferred pending resolution of a lawsuit to be filed in the public courts. "The suspension is only done if the objecting party has submitted evidence to the court that it had filed a lawsuit religion in state court to dispute the same object with religious disputes in court. This suggests that the choice of law in the process of dispute resolution is possible and does not reduce legal certainty for the parties, "he said.

Meanwhile, the Government represented by the law is very much appreciated agreements that have been made by the parties in the election dispute resolution forum addressed if at some point there is a dispute between the parties. These principles are universal principles that are recognized by the general public. These values are applied in banking regulation that is based on Islamic principles. In addition, these provisions will encourage the public to use the services of Islamic banking. This is because the business activities and customers of Islamic banking is not only for the Muslim community, but also intended for people who are not Muslim, so opened the judicial settlement of disputes outside of religion to the provisions remain accordance with Islamic principles.

"Based on the explanation, according to the Government, the provisions of Article 5 paragraph (2) and paragraph (3) Islamic Banking Act is intended to provide options means of dispute resolution in Islamic banking guidelines still apply as long as not contrary to Islamic principles. So that has thus providing legal certainty and not contrary to Article 28 paragraph (1) of the Constitution of 1945," he explained. (Lulu Anjarsari / mh/

Thursday, November 29, 2012 | 13:47 WIB 135