PEMBATALAN PUTUSAN ARBITRASE SYARIAH OLEH PENGADILAN AGAMA JAKARTA PUSAT DALAM SENGKETA EKONOMI SYARIAH DI INDONESIA: ANALISIS PUTUSAN NOMOR 792/PDT.G/2009/PA.JP DAN BANDING NOMOR 188 K/AG/2010

Abstract

The application for annulment of sharia arbitration award by the parties to the Dispute to the Court of Religion has led to various interpretations by the judge in deciding the case. Article 49 letter (i) of Law No. 3 of 2006 concerning Religious Justice states that the Religious Court is in charge and authorized to examine, decide and resolve cases at the first level among people who are Muslims in the field of Sharia economy. And Article 72 paragraph (1) of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution states that the request for annulment of arbitration shall be submitted to the chairman of the District Court. Sharia arbitration which is also subject to Law No. 30 of 1999 certainly causes legal chaos when faced with Law No. 3 of 2006. in the study the author discussed the sharia arbitration award annulled by the Central Jakarta Religious Court in the case No. 792/Pdt.G/2009/PA. JP then the decision of the Central Jakarta Religious Court was revoked and declared invalid by the Supreme Court at the appeal level. This study uses the method of literature study, how to test the Law and other related regulations and attract the root of the problem that there are contraindications between the Law and the regulation. The laws referred to are Law No. 3 of 2006 on Religious Justice, Law No. 21 of 2008 on Sharia Banking, and Law No. 48 of 2009 on The Power of Justice.