Juridical Analysis Of The Absolute Competence Of Religious Courts And Commercial Courts In AdjudicatingBankruptcy And PKPU Based On Sharia Contracts

Abstract

The Constitutional Court's decision No. 93/PUU/X/2012 states that the settlement of sharia economic disputes is the absolute competence of the Religious Courts. However, at the practical level, bankruptcy cases and PKPU based on sharia contracts are still decided by the Commercial Court (general). This paper focuses on two things, first, taflis/bankruptcy law in Islam and its applicability to Islamic banking in Indonesia, and second, the absolute competence of religious courts and commercial courts in bankruptcy cases and PKPU based on sharia contracts. The research method used is normative law, namely examining a collection of legal materials related to bankruptcy and PKPU. The analysis used is the synchronization of the norms of Law No. 37 of 2004 and PERMA No. 2 of 2008. The legal consequences if the Commercial Court handles the bankruptcy case will be coercion on the substance of sharia economic law into conventional economic law with the concept of settlement of cases prioritizing business principles and business continuity rather than substantive justice, which ultimately leads to disharmony between dispute resolution and sharia contracts. From the results of the study, it can be concluded that based on the theory of authority and the lex specialist principle used, it can be concluded that bankruptcy cases and PKPU based on sharia contracts are absolute competencies of the Religious Court.