SENGKETA EKONOMI SYARI’AH: (Konstruksi Hukum dan Kekeliruan Putusan Pengadilan Agama)

Abstract

This study aims to analyze the authority of the Religious Court (PA) in resolving Islamic economic disputes and to identify legal errors in decision No. 0527/Pdt.G/2014/PA.Gtlo. This research employs a normative method using a statutory approach and case study analysis. The findings reveal that the Religious Court judges made an error in determining the legal basis for resolving disputes related to consumer protection in the context of Islamic economics. Ideally, the panel of judges should have referred to Law No. 50 of 2009 on the Religious Judiciary and Law No. 21 of 2008 on Islamic Banking as the primary legal references. However, in this ruling, the judges instead relied on Law No. 8 of 1999 on Consumer Protection, which should not have been the main legal basis for Islamic economic cases under the jurisdiction of the Religious Court. Due to this error, the case was deemed inadmissible and subsequently rejected by the judges, leading to legal uncertainty for the parties involved in the dispute over consumer protection in Islamic economics. This decision highlights the ambiguity in legal application within the religious judiciary, particularly in handling Sharia-based economic disputes. Therefore, a deeper understanding of the absolute authority of the Religious Court in resolving Islamic economic disputes is necessary, along with regulatory synchronization to prevent rulings that are inconsistent with Sharia legal principles and applicable statutory regulations.