Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy June 27th 2020 THE 1st PROCEEDING International Conference And Call Paper Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy IMAM ASAo SYAFEI BUILDING Faculty of Law.
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The 6th Proceeding International Conference And Call Paper
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The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University KATA PENGANTAR Bismillahirrohmanirrohim AssalamuAoalaikum Wr.
Wb.
Puji syukur kehadirat Allah S.
Tuhan Semesta Alam Yang Maha Esa.
Alhamdulillah, sebagai ucapan syukur kehadirat Allah Subhanahu WataAoala kami dapat menyelenggarakan The 6nd Proceeding International Conference And Call Paper dengan tema AuOmnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative ReviewAy terselenggara dengan baik.
Pemilihan tema tersebut dipilih karena pada era searang ini kita dihadapkan dengan era industri 4.
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Sesungguhnya keberhasilan dalam mencapai tujuan pendidikan yang dicitacitakan sangat tergantung pada sikap mental, partisipasi serta disiplin setiap unsur yang terlibat dalam proses belajar mengajar.
Mudah-mudahan seminar Internasional yang sederhana ini dapat memberi sumbangsih dalam mencerdaskan bangsa Indonesia serta semoga Allah SWT selalu menyertakan ridho-Nya.
Amin.
Akhir kata, kami mengucapkan terima kasih kepada pimpinan Universitas Islam Sultan Agung, pimpinan fakultas Hukum Unissuala, pemakalah, editor dan serta pihak-pihak yang telah membantu terselenggaranya seminar ini dengan lancar tanpa hambatan suatu apapun.
WassalamuAoalaikum Wr.
Wb.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy Table Of Content
STRENGTH AND WEAKNESSES OF OMNIBUS LAW IN INDONESIA
Saprodin.
Widarto .
OMNIBUS LAW BETWEEN JUSTICE AND BENEFITS
Hartanto .
Aris Sudarmono .
JURIDICAL REVIEW OF THE FORMATION AND IMPLEMENTATION OF
OMNIBUSLAW IN LAW SYSTEM
Amir Darmanto ,Muh.
Tommy Fadlurohman .
IMPACT OF LAW OMNIBUS APPLICATION IN INDONESIA IS POSSIBLY
HAPPENING TO ENVIRONMENT DEGRADATION
Sunarto ,Eva Kurniasih .
Omnibus Law in Progressive Law Views in Indonesia Nasrudin ,Joko Prasetyo .
OMNIBUS LAW WAS REVIEWED FROM THE EXCESS AND LACKS OF THE LEGAL
CODIFICATION SYSTEM IN INDONESIA
Binov Handitya ,Jarot Jati Bagus Suseno .
OMNIBUS LAW AS SIMPLIFICATION OF LEGISLATION IN INDONESIA
FA Alexander GS ,Sundoyo .
PREROGATIVE RIGHTS OF PRESIDENTS IN OMNIBUS LAW
Tri Mulyani ,Sih Ayuwatini .
OMNIBUS LAW AND ITAoS IMPLEMENTATION OF INDONESIAN COUNTRY MARITIME DEFENSE AND ISLAMIC LAW VIEWS ABOUT STATE DEFENSE Aminudin Yakub ,Teddy Prayoga .
OMNIBUS LAW AND PROBLEMATICS LABOR IN INDONESIA
Nukhbatul Mankhub .
Aep Saepudin2 .
OMNIBUS LAW IN INDIGENOUS LAW VIEWS IN INDONESIA
Carolina da Cruz ,Suwitno .
The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University OMNIBUS LAW IN RENEW OF CRIMINAL LAW Lukman Muhadjir ,Salidin .
URGENCY OF THE OMNIBUS LAW BILL
Andi Lala ,Sudiharto .
THE APPLICATION OF OMNIBUS LAW IN THE EFFECT OF LEGAL REFORM IN
INDONESIA
Warijan ,Tri Setyadi Artono .
OMNIBUS LAW IN ECONOMIC DEVELOPMENT CONTEXT IN INDONESIA
Indrayana Addhywibowo Kusumawardana ,Iva Amiroch .
IMPLEMENTATION OF OMNIBUS LAW IN LAW OF WORK FIELD IN INDONESIA
Yimmy Kurniawan ,Henny Rosita .
OMNIBUS LAW OPPORTUNITIES AND CHALLENGES IN THE INDONESIAN
LEGISLATION SYSTEM
Yuni Nurkuntari ,Sunardi .
OMNIBUS LAW IN COMPLETION OF LAND REGULATION PROBLEMS
Enju Juanda.
Mairul .
LAW OF OMNIBUS LAW BUSINESS AGENCY FOR INDONESIAN COMMUNITY
WELFARE
Ilham Akbar ,Ahmad Husaini .
THE CONCEPT OF OMNIBUS LAW RELATED TO NORMAL LAW APPLICABLE IN
INDONESIA
Ariyanto ,Joncik Muhammad .
OMNIBUS LAW FOREIGN INVESTMENT IN INDONESIA
Adhi Budi Susilo ,Irwanto Efendi .
OMNIBUS LAW AND THE NEED OF INDONESIAN ECONOMIC INVESTMENTS
VIEWED FROM ISLAMIC LAW VIEWS RELATED TO ECONOMY
Ahmad Syauqy S ,Yanto Irianto .
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy VII
CRITICISM OF THE COMMUNITY IN THE OMNIBUS LAW BILL
Sitta Saraya ,Puguh Triatmojo .
MANIFESTATION OF PANCASILA VALUES IN THE OMNIBUS LAW FOR JUSTICE
Andri Winjaya Laksana.
LEGAL REVIEWOF LAW PROTECTION THEORY IMPLEMENTATION IN DISPUTE
OF ADMINISTRATIVE COURT
Ahmad Yani.
OMNIBUS LAW ON JOB CREATION BILL IN THE ZEMIOLOGY PERSPECTIVE
Arif Awaludin.
Eti Mul Erowati.
Ninik Hartariningsih.
Application Of Omnibus Law In The Investment Field As A Efforts To The Settlement Licensing Regulation And Harmonization Of Law Regulation In Indonesia Galuh Kartiko.
Ludfi AUAUDjajanto,Rosy ApriezaPuspita Zandra.
IDEAL CONSTRUCTION OF THE IMPLEMENTATION OF A CONSTITUTIVE
SYSTEM (AuFIRST TO FILEA.
IN BRAND REGISTRATION Hani Subagio.
CRIMINAL PUNISHMENT AGAINSTPERPRETRATORS OF HUMAN TRAFFICKING
Johny Koesoema.
WEAKNESSES OF THE LEGISLATION FUNCTION OF THE REGIONAL
REPRESENTATIVE COUNCIL IN THE BICAMERAL PARLIAMENT SYSTEM IN
INDONESIA
Kelik Endro Suryono.
UTILIZATION OF VILLAGE FUNDS ACCORDING TO LAW NO.
6 OF 2014 TO
PREVENT CRIMINAL ACT OF CORRUPTION
Rohmidhi Srikusuma.
POTENTIALS OF NATURE TYPE AROUND BY THE ADVANCED: JURIDICAL
ANALYSIS OF LAW OMNIBUS LAW DRAFT OF LAW
Subaidah Ratna Juita.
Deni Setya Bagus Yuherawan .
The 6th Proceeding International Conference And Call Paper
Sultan Agung Islamic University MEDIATION ROLE IN SOLVING SHARIA ECONOMIC DISPUTE AS CIVILIZATION
TOWARD ETHICAL VALUE OF ISLAM
Santoso.
THE IMPLEMENTATION OF CRIMINAL CONVICTIONFOR CHILDREN UNDER
THE AGE OF CRIMINAL RESPONSIBILITY BASED ON JUSTICE VALUE
Yustinus Bowo Dwinugrono.
Re-Conceptualizing WorkersAo Constitutional Rights in the Cipta Kerja Bill based on the Indonesian Welfare State Principles Zulkarnain Ridlwan.
Yuswanto.
Muhtadi.
Yusdiyanto.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy MEDIATION ROLE IN SOLVING SHARIA ECONOMIC DISPUTE AS CIVILIZATION
TOWARD ETHICAL VALUE OF ISLAM
Santoso Doctoral Degree Student in Law Department of UNISULA Semarang santoso0583@gmail.
Abstract The aim of this study is to explain the role of mediation in solving sharia economy dispute as civilization toward ethical value of Islam.
That it has been practiced since Rasulullah SAW era was through many ways such as shulh, tahkim, andqadha.
This study uses qualitative method and data collection is got from observation, direct interview to justice, attorney, lawyer, mediator, and the disputants.
Based on the result of the study above is known that the role of mediation in solving sharia economy dispute as civilization toward ethical value of Islam is important and needs to be optimalized.
According to Rasulullah SAW teaching, in fact, in a practice, there is failure of mediation in solving sharia economy dispute because the disputants feel that they are right and want to win finally by litigation way with consent or default Otherwise,mediation practice gives benefits for the disputants and based on Indonesian culture and civilization because solving dispute through mediation can be solved fast, correctly, and cheaply, thus it does not take much energy, time, and thought.
In a result, it can keep privacy, beneficial for parties, and harmless with the result made by parties themselves, that is Auwin-win solutionAy.
In ethical value of Islam in solving sharia economic dispute, firstly, by al-shulhu.
Peace in islam is recommended because if there is peace among disputants, they will avoid from hostility.
If it does not work, it can be passed by altahkim .
and if it gets stuck.
Islam teaches us by al-qadha (Court Proces.
Keywords: Mediation.
Sharia Economy.
Civilization.
Ethical Value of Islalm
INTRODUCTION
Recently, sharia economic practice grows fast so it is possible to lead a frequent conflict among sharia economic actors getting greater and finally it leads to dispute.
The dispute comes from misunderstanding which takes longer and is not solved by the law subjects who previously have law relation, agreement, thus it makes the practice of rights and obligations run inharmoniously(Margono, 2.
The existance of dispute resolution institution is as old as the existence of human itself.
Humans have been blessed with advantages and disadvantages which sometimes brings to differrence or conflict not only with humans, environments, but also themselves.
When they face some problems or conflicts, at the same time they naturally try to find out solution for the happening conflict.
Moreover, conflicts and their SuyudMargono.
AuADR danArbitrase Proses PelembagaandanAspekHukumAy.
Jakarta.
Ghalia Indonesia, 2000.
The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University solutions also grows equally with the development of human civilization itself(Hudiata, 2.
Human as social being in human civilization shows that conflict always appears or interest frictions in interaction with others, especially related to economy, specifically sharia economy, require alternative solution of conflicts or disputes to create harmony in society.
Peace in islamic law is suggested because if there is peace among disputants, they can avoid the ruin of silaturahmi .
ove relationshi.
among them and the enmity among them can be solved.
There is legal basis of suggestion for making peace among disputants seen on Quran rules, prophetAos sunnah and IjmaAo.
Quran explains that conflict and dispute happened in human life are reality.
Humans as his khalifa on this earth are required to solve dispute because they are blessed with thought and revelation in organizing their life.
Pattern of solving dispute is made by them by referring to many verses of Quran, hadith book, custom practice, and many local wisdoms.
Collaboration of these sources will ease humans to create peace and justiice because the offered solution relates to religion teaching and roots in culture.
The development of civilization and culture and also the great advances made by Abbasiyah dinasty in a first period had led the authorities to live luxuriouslyand even strikely.
Every khalifa tended to be more luxury from the previous one.
This luxurious life of khalifah is imitated by tycoonand politicianAos Tendency of having luxury, weakness of khalifa and other factors led to chaos in government and civil became poorer.
This condition gave chance to profesional turkish militaries who were delegated by KhalifaAl-MuAotashimto take control in government.
Their effort was successfully, thus the authority was under theiir hands.
Meanwhile.
Bani AbbasAo authority which was founded by him got faded and it became the beginning of the ruin of this dinasty, even after that its era could exist more than four hundred years.
Another factor which led politic role of Bani Abbas was lower was power seizing in central Actually, it was also happened in the previous government of Islam.
Nonethheless.
It was different with in the previous.
The prophet of Muhammad did not set how to change leader after his pass.
He handed it over to moslems as well as the growth democracy in Arabians and democracy teaching in Islam.
In the next development, the successful process of politic leadership in Islam history was different from years to years.
There was sometimes successfully and peacefully but sometimes passed through conflicts and blood war because of uncontrolled ambition of certain parties.
After the prophet passed away, there was argument conflicts between muhajirin andAnsargroupsin BaniSaAoidahtown hall in Medina.
Each group stated that leadership should belong to theirs or at least each group had their own leader.
Nevertheless, because of their good understanding of religion, spirit of discussion, and high ukhuwah .
, the differences could be solved.
Abubakar had choosen as khalifa.
Mediation role in solving sharia economic dispute can be seen from several regulations of Law and many kinds of dispute resolution form according to ethical value of Islam.
Because peaceful dispute resolution is one of essential from Islam teaching.
In Islam, peace process can be performed if disputants .
agrees to do peace.
Edi Hudiata.
PenyelesaianSengketaPerbankanSyariah.
Yogyakarta.
UII Press, 2015.
Page.
ChairumanPasaribu.
Suhrawardi K.
Lubis.
HukumPerjanjiandalam Islam.
Jakarta.
SinarGrafika, 2004.
Page.
RennySupriyatniBachrodanAndiFariana.
Model AlternatifMediasiSyariahDalamPenyelesaianSengketaPerbankanSyariah.
Jakarta.
MitraWacana Media, 2016.
Page.
BadriYatim.
SejarahPeradaban Islam (DirasahIslamiyah II).
Jakarta.
RajaGrafindoPersada, 2015.
Page.
Ibid.
Page.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy C.
DISCUSSION
Meaning and Study Field of Mediation The word AumediationAy comes from English AumediationAy, which means dispute resolution that involves the third party as mediator or solves the dispute intermediately, who mediate called Au mediatorAy or people who conciliates.
Some mediation scopes are stated by some experts.
Gary Goodpaster mentioned:
Mediation is a negotiation process of solving problem which the impartial and neutral outsider work with disputants to help in getting the satisfied agreements.
This impartial outsider is called mediator.
solving the disputes through mediation, mediator does not have rights to decide disputes among parties, as like judges or arbiter.
In this case, the parties authorize to mediator to help them in solving their problems.
The assumption is the third party will be able to change strenght and social dynamics of conflicts by influencing belief and personal attitude of them, giving knowledge and information, using negotiation process which is more effective, thus it helps parties to solve the dispute problems.
It is as well as what was stated by Christoper W.
Moore:
AuMediation is intervention in a dispute or negotiation by the third party which is acceptable for related parties, not include both parties and neutral.
This third party does not have a right to take decision.
He is in charge to help disputants to get agreement voluntarily for each party in some disputeAy.
Mediation is a way to solve sharia economic dispute by negotiation process to get agreement for parties helped by mediator .
rticle 1 .
Perma RI Nomor 1, 2.
One Called with mediator is those who has certificate of mediator and because some do not have certificate in religious court in that region so justice has a power to be mediator (Article 5 PermaNomor 1, 2.
The existence of mediator is as neutral party who helps parties in negotiation process in order to get many possible dispute resolutions without breaking or forcing a solution (Article 1 .
PermaNomor 1, 2.
Peace in sharia economy, as well as in other civil cases in general, is when both parties come to the court, justice must conciliate both disputants not only in the first session but also in the next, eventhough in a further investigation (Article 130 HIR/Article 154 R.
All sharia economic cases, before come into further court session, firstly begin with mediation, except in requesting appeal to BadanPenyelesaianSengketaKonsumen ( Institution of consument dispute resolutio.
and objection to decision of KomisiPengawasPersaingan Usaha (Commission of business competition superviso.
(Article 4 PermaNomor 1, 2.
Not taking mediation procedure in sharia economic cases is breaking the Law article 130 HIR and/or Pasal 154 R.
which leads to cancellation of verdict by law (Article 2 .
PermaNomor 1, 2.
Mediation process is private,only attended by parties or their attorneys and mediator, or the outsider allowed by parties, and the happened dynamics in the court must not be delivered to public, only under permittion of related parties(Article 1 .
and Article6 PermaNomor 1.
If the peace works out, it will be made into agreement certificate and verdict which strengthen Moch.
Faisal Salam.
Penyelesaian Sengketa Bisnis secara Nasional dan Internasional.
Bandung.
Mandar Maju, 2007.
Page.
Ibid.
Page.
The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University that peace agreement (Article 1 PermaNomor 1, 2.
Firstly, peace agreement should be read by justice in front of parties before he hands down the verdict that asks both parties to obey the content of that peace.
In consideration of verdict, justice must mentiion that cases of sharia economy handled by him have been tried peace throughmediation by mentioning mediator name (Article 2 .
PermaNomor 1, 2.
Cost of attending parties in mediation process is charged to prosecutor at first by down payment of cases, if the mediation works out, it will be charged to parties whom justice punishes to pay the cases (Article 3 PermaNomor 1, 2.
Development of Sharia Economy in Indonesia Talking about sharia economy is inseparable from its root that is world view of Islam about man and its belonging.
Man in Islam view has more strategic position than others, in which he has function as Khalifa of Allah on the earth.
Earth and its content.
AllahAos creation, is mandated to man as AllahAos Khalilfa to be used well for its welfare as well as explained in Quran surah Hud verse 61.
The meaning:
AuA It has created you from earth .
and make you as its prosperous A.
Ay (Q.
Hud: .
Islam is the comprehensive way of lifefor all moslems.
Its teachings are universal intended to all humans to get life benefits in social and country life.
Including economic aspects.
Islam really suggests its people to spread out on the earth to find out GodAos blessing after sholat as the main prayerand religious pillar.
The suggestioon is meant to make trade business activity.
Selling, purchasing and profit sharing are classical repertoire in muamalat activity which is allowed and suggested by Islam teaching.
Sharia economic development in recent years is more passionate and demanded by many people.
Not only moslems but also non moslems look sharia economy as alternative in their economy activity.
Certainly, they tend to be only economical-oriented and not because it runs with approaches in belief consistency.
Indonesia can be said that it is left behind in developing sharia economy than other moslem countries, such as Malaysia, etc Development of sharia economy in our country in recent years shows the rapid growth.
The appearance of sharia economic institutions, either bank or non-bank, is a real form that sharia values can be implemented in all life principles, including in economic principle.
Therefore, it proves that sharia economic system is rahmatanlil Aoalamien which more oriented on benefits for all humans and even blessing for universe.
The majority of moslems in Indonesia believe madzhab (School of though.
SyafiAoi, as like followed by moslem and government in Malaysia.
Nevertheles.
Indonesian scholars apply carefully sharia principle in banking and tend to have same opinion with scholars from East Java Therefore, contracts used in transaction of sharia banking are those which get agreement from mostly scholars .
umhur ulam.
By this prudentiialprinciple, contracts which still leads to controvertial are not used anymore in practice.
Activity of Sharia Economy Toward Ethical Civilization of Islamic Values Ahmad Mujahidin.
ProsedurPenyelesaianSengketaEkonominSyariah di Indonesia.
Bogor.
Ghalia Indonesia, 2010.
Page.
Didiek Ahmad Supadie.
SistemLembagaKeuanganEkonomiSyariahDalamPemberdayaanEkonomi Rakyat.
Semarang.
PustakaRizki Putra, 2013.
Page.
Khotibul Umam.
Perbankan Syariah (Dasar-dasar dan Dinamika Perkembangannya di Indonesi.
Jakarta.
RajaGrafindo Persada, 2016.
Page.
Ascarya.
Akad dan Produk Bank Syariah.
Jakarta,PT Rajagrafindo Persada.
Page.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy Economic life, basically, is an effort to fulfill needs of society or human, especially related to material World of Islam, which grew and covered the wide world either in west or east, generally consisted of fertile areas so kinds of its economy was farming.
Nowadays.
FarmersAo life is luckier than in pre-Islamic times, because governmentAos concern more emphasized in making irigation, excavating canal, especially in Tigris.
Eufrat, and Nil river, and extending farming land.
In fulfilling his needs, prophet asked Muhajirin people to work and try based on their skill, and also cooperated with Ansar.
Those who were scholars continued their trading.
Meanwhile, for those who experted in farming can work together with their siblings.
Then.
Moslems faced two serious matters, .
field of trading, generally, has been empowered by Jews.
the limited farming lands were handled by Ansar because the fertile farming lands were generally empowered by Jews.
Thus, not all of Muhajirin got occupation and some of them were not strong enough to work.
Islam comes in Indonesia by bringing new civilization which has specially Islamic pattern.
Some kinds of Islamic civilization colour life and thought of moslems in Indonesia.
Islamic civilization brought by scholars from Arab was acculturated with local tradition and culture.
Acculturation between civilization of Islam and local people became harmonious which gave positive effects for civilization of Islamic culture Islamas rahmatan lil alamin religion can be seen from many aspects in social life of Indonesian, such associal and cultural, economic, politic, and religious aspects as civilization of Islamic values, especially included in Indonesia culture which mostly can not be avoided and has become cultural life of nation in Indonesia.
Islamis Arabic word derived from AosalimaAo which means safe, peace, obey, give up, and surrender.
An object of this self surrendeer is toward universe creator.
Allah SWT.
Eventhough, one admits that he believes in Islam, but he does not surrender to Allah, actually, he is not Islam because he has not surrender This self surrender will lead to safety and happines in life for people.
Islam views human life in this world is only a small part of human life journey because after living in this world, there is still living in akhirah which is eternal.
Nonetheless, oneAos fate in afterlife world really depends on what he has done in the world, as the prophet of Muhammad SAW said Al-dunyamazraAoat alakhirat .
unya is a field of akhira.
Here is the role of Islam as guidances and instructions of human life in the world.
Islam gives instruction about how to practice life well in order human can have happiness he wants it both in dunya and akhirah.
There are three basic aspects in Islam teachings, such as aqeedah, .
, law .
, and When one understands about Islamic economy wholly, he should understand Islamic economy in those three aspects.
Islamic economy in aqeedah dimension covers two matters: .
understanding about Islamic economy is ilahiyaheconomy.
understanding about Islamic economy is Rabbaniyah.
Consequences of view above are Islam teaching not only limited on personal matter between individual to its creator .
but also relation between human and other human beings,including nature Fadil SJ.
Pasang Surut Peradaban Islam Dalam Lintasan Sejarah.
Malang.
UIN Malang Press, 2008.
Page.
Ibid.
Page.
Samsul Munir Amin.
Sejarah Peradaban Islam.
Jakarta.
Amzah, 2014.
Page.
Adiwarman A.
Karim.
Bank Islam (AnalisisFiqihdanKeuanga.
Jakarta.
RajaGrafindoPersada, 2006.
Hlm.
IkaYuniaFauziadan Abdul KadirRiyadi.
PrinsipdasarEkonomi Islam PerspektifMaqashid al-SyariAoah.
Jakarta.
Prenadamedia Group, 2015.
Hlm.
The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University and environment.
Therefore.
Islam is a way of life which guides all aspects of human life.
Inushulfiqh, there isprinciple that Aumaalaayatimm al-wajibillabihifahuwawajibAy, something which should be to complete obligation, so it must be done.
Working .
oing economic activit.
is obligation.
Because in this modern era economic activity is not completed without banking, so banking must be existed.
Therefore,connection between Islam and banking is getting clear.
Dispute Resolution of Sharia Economy Based on Ethical value of Islam.
Basically, dispute is kind of actualization form from difference and conflict between two parties or Dispute appears as a result of having actions which break agreement, there is wanprestasi agreement, tricky, interpretation difference toward rules of law, unfair competition, forgery, deception, etc.
Therefore, by having dispute, the parties are given freedom to set mechanism of choosing the wanted dispute resolution, by the court .
or out of court .
on-litigatio.
In Islamic tradition there is dispute resolution by non-litigation, such as negotiation, as-sulh, tahkim, hisbah, and by litigation .
Appearance of Law Number 3, 2006 about the change of Law Number 7, 1989 about Religious Court has brought a great change in existance of it recently.
One of the basic change is adding authority of it such as in sharia economy.
Moreover, the appearance of Law Number 41, 2004 about waqf has also given a new athmosphere in Religious Court because ruling waqf by this Law includes not only property but also authority of Religious Court to solve many disputes in its practices.
Sharia economy is discussed in two fields of study, that are Islamic economics and economic law.
It becomes the authority of Religious Court ruled in Law Number 3, 2006 about Religious Court relates to economic law which should be known by justices in its.
In some Laws related to sharia economy does not have certain rules which regulate about formal law .
rosedural la.
and material law about sharia economy.
The regulation of sharia economic law, nowadays, is contained in fiqh books and some are in the fatwa of DewanSyariahNasional (DSN)( National Sharia Counci.
Regulation of Indonesia Bank.
Looking at this, cases are offered by disputants to BadanArbitraseSayriahNasional(BASYARNAS)(Arbitration Institution of National Shari.
, related to disputes between Sharia Bank to its customers.
In its solving.
BASYARNAS uses two different laws: fatwa of DewanSyariahNasional (DSN) dan KUH Perdata .
ivil la.
It is done to fulfill the emptiness of law in solving some cases.
Al Sulh (Peac.
Linguistically.
AusulhAy means calming down the conflicts, but in term AusulhAy means a kind of contracts or agreement to accomplish conflicts or quarrels between both disputants 23Solving dispute bases on peace to end some cases.
Allah SWT requires to peace between both disputants and gets over their frictions.
Therefore, clean up the soul and get away the hatred.
Conciliating among humans belongs to great worship Ibid.
,hlm.
Ibid.
,hlm.
Thalis Noor Cahyani.
Jesi (Jurnal Ekonomi Syariah Indonesi.
Volume 1.
Nomor 2.
Desember 2011.
Page.
Nurul Hak.
Ekonomi Islam Hukum Bisnis Syariah (Mengupas Ekonomi Islam.
Bank Islam.
Bunga Uang dan Bagi Hasil.
Wakaf Uang dan Sengketa Ekonomi Syaria.
Yogyakarta.
Teras, 2011.
Page.
Nurul Hak.
Ekonomi Islam Hukum Bisnis Syariah (Mengupas Ekonomi Islam.
Bank Islam.
Bunga Uang dan Bagi Hasil.
Wakaf Uang dan Sengketa Ekonomi Syaria.
Yogyakarta.
Teras, 2011.
Page.
Al-Munawir.
Kamus Al Munawir.
Yogyakarta.
PondokPesantren Al Munawir, 1984.
Page.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy and obedience, if he does it only for getting blessing from Allah.
As mentioned in Quran.
Surah An-Nisaa, verse 114, the meaning:
AuThere is no goodness in much of their private conversation, except for those who enjoin charity or that which is right or conciliation between people.
And whoever does that seeking means to the approval of Allah - then We are going to give him a great rewardAy.
And as the prophet of Muhammad SAW has said, the meaning is:
AuEvery pillar of man of giving charity, everyday sun raises to him taking justice among men is charityAy.
(Muttafaqun AoAlai.
Peace is needed between moslems and kafirs, fair and unfair people, husband and wife when having different opinion, neighbors, friends, and families, those who are in conflicts excludes wealth, those who are hate each other about wealth.
From the explanation above, it can be understood that which is meant by conciliation is an effort done by someone or corporation to make problem solution by avoiding more fatal problems.
In this case, you cannot force the willing of disputants, conciliating is only giving advice and suggestion to cancel the accusation and solve peacefully.
al-Tahkim (Arbitratio.
In perspective of Islam, it is known to solve the disputes by Arbitration, it is equivalent to the term AoTahkimAo.
It comes from AoHakkamaAo,etymologically it means to make someone as dispute.
This meaning really relates to its meaning based on terminology.
In solving the dispute, when shulhcannot be done, the next effort is done by the Court .
l-Qadh.
Al-Qadha (Court Proces.
Al-Qadha, literally, means deciding or establishing.
According to fiqh, it means establishing syaraAo law on affair or dispute to be solved fairly and bindingly.
Islamic law regulates many aspects of life: regulating vertical relation which is relation with the creator and horizontal relation which is relation between man and nature.
Islam really emphasizes on unity, entity, and dislikes separation and enmity.
In the book of sunnahfiqh, it is explained that among the most important suggestions of realizing the justice, safeguarding the rights and preserving life, honor and possessions is with uphold the required judicial system in Islam.
The person who was first in charge of judicial affairs was Rasulullah SAW.
Allah SWT ordered Rasulullah (SAW) to decide the case by referring what was revealed to him, as it is contained in Quran Surah AnNisa Aoverse105-106.
The role of mediation in the settlement of sharia economic disputes as civilization to ethical values of Islam Islamic law as a unity with the teachings of Islam is a law that empirically lives and continues to develop along with the development of Indonesian society .
he living la.
since the entry of Islam into the archipelago.
As a living law.
Islamic law in Indonesia from time to time experienced an encouraging Abdul Aziz.
EtikaBisnisPerspektif Islam (ImplementasiEtikaIslamiUntukDunia Usah.
Alfabeta.
Bandung, 2013.
Page.
Suhrawardi K.
LubisdanFaridWajdi.
HukumEkonomi Islam.
Jakarta.
SinarGrafika, 2012.
Page.
RennySupriyatniBachrodanAndiFariana.
Model AlternatifMediasiSyariahDalamPenyelesaianSengketaPerbankanSyariah.
Jakarta.
MitraWacana Media, 2016.
Page.
The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University development.
In sharia economic activities that do not apply the system of interest, there is a possibility of dispute always exist, and to anticipate the occurrence of disputes concerning sharia economic activities, whether in the field of Sharia banking.
Sharia insurance, until sharia business in general, is recommended to be resolved peacefully.
The existence of peace between the parties to the dispute, it will avoid the destruction of friendship, and at the same time the hostility between the parties will be terminated.
The way to resolve disputes .
between individuals during this time, tend to be more done through conventional channels, namely the settlement of cases through litigation .
Although on the way it is felt that the settlement of disputes through this path often gives less good impression for the parties.
It is said that, because to reach a final decision of a court institution, the parties to the dispute are indeed required to actually fight in the council of judges, so it will be determined who is the winner of AogameAo.
Because of the inherent weaknesses of the courts in resolving disputes, whether they can be corrected or not, many seek to find other ways or institutions to resolve disputes outside the courts through alternative dispute resolution.
Since ancient times.
Indonesians have been practicing mediation in the settlement of disputes or conflicts, because they believe that by doing a peaceful effort it will lead them in a harmonious, fair, balanced life and the creation of strong togetherness values in the life of society.
History solves conflicts or disputes peacefully, even centuries ago.
The Indonesian people feel the peaceful settlement of the dispute has led to a harmonious, fair, balanced and nurturing life of communal values .
in society.
Even mediation is a method of dispute resolution that has developed rapidly in various parts of the world since the last three Already as a common problem in any country, whether in an advanced country or a developing country, criticisms of the judiciary in resolving community disputes and justice seekers, especially in trade and business, are numerous and varied.
In general, they criticized because of the slow process of the judiciary, the cost is expensive, and convoluted.
Tony Mc Adams points out that AuLaw has become a very big American business and that litigation costs may be doing damage to Nations CompanyAy.
That the high cost of litigation is considered a very damaging factor to the American economy.
In Indonesia, when viewed in depth, peaceful dispute settlement procedures have been long and are commonly done by the people of Indonesia.
This can be seen from the customary law which places the customary head as mediator and gives the customary ruling for dispute among its citizens.
Especially in 1945, this ordinance officially became one of the nationAos philosophy of the Indonesian nation which is reflected in the principle of deliberation for consensus.
Mediation or alternative dispute resolution in Indonesia is a culture of Indonesia itself, both in traditional society and as the foundation of Pancasila State known as deliberation for consensus.
All ethnic groups in Indonesia must recognize the meaning of the term, although the mention of it is different.
But it Said Aqil Al Munawwar.
Islam dalamPluralitasMasyarakat Indonesia.
Jakarta.
Kaifa, 2004.
Hlm.
Parman Komarudin.
Al-Iqtishadiyah (Jurnal Ekonomi Syariah dan Hukum Ekonomi Syaria.
Volume 1.
Issue 1.
Desember 2014.
Hlm.
Fatahillah A.
Syukur.
MediasiYudisial Di Indonesia (PeluangdanTantanganDalamMemajukanSistemPeradilan.
Bandung.
MasdarMaju, 2012.
Hlm.
Nurnaningsih Amrina.
Mediasi (Alternatif Penyelesaian Sengketa Perdata di Pengadila.
,Jakarta.
PT.
RajaGrafindo Persada, 2011.
Hlm.
Ay Omnibus Law Opportunities And Challenges Towards Entrepreneurs And Labor : Comparative Review lawAy has the same philosophy.
In the clauses of a contract or agreement, the dispute settlement section is always followed by the words Auin the event of a dispute or strife will be settled by deliberation and if no agreement is reached it will be settled in court.
Mediation Practices In Settlement of Sharia Economic Disputes as civilization to ethical values of Islam The practice of mediation in general is also based on the voluntary choice of the parties.
In principle, the initiative of dispute resolution options through mediation is subject to the agreement of the parties.
This can be seen from the nature of the binding strength of the mediated agreement on the basis of the strength of the agreement under article 1338 of KUHPerdata .
ivil la.
Thus, in principle, the choice of mediation is subject to the will or the free choice of the parties to the dispute.
Mediation cannot be implemented if one of the parties wants it.
The practice of mediating the settlement of sharia economic disputes there out court:
Phase of Pre-Mediation Before the mediation, the parties determine the choice and set the mediator according to the agreement of the parties.
Phase of Mediation Process The phase of the mediation process includes the following steps: first, the parties submit the resume of case each other and to the mediator.
Second, the mediator prepares the schedule of mediation meetings to the parties.
Mediation Process that resulted in Peace Agreement The end of the mediation process produces two possibilities, namely the parties reaching a peace agreement or failing to reach a peace agreement.
Supreme Court Regulation No.
1 of 2008 obliges the parties to:
Formulate a peace agreement in writing and sign it.
To declare a written consent to the peace agreement if in the mediation process the parties are represented by a legal representative.
Face back to the judge on the appointed hearing day to notify the peace agreement.
Mediation Process Failed to Produce Peace Agreement Mediation is deemed to fail if after a specified maximum deadline of forty days or extension of fourteen days has been met, but the parties have not yet reached agreement.
The mediator also has the authority to declare the mediation has failed even though the maximum deadline has not been exceeded.
CONCLUSION
The role of mediation in solving sharia economy dispute as civilization toward ethical value of Islam is important and needs to be optimalized.
According to Rasulullah SAW teaching, in fact, in a practice, there is failure of mediation in solving sharia economy dispute because the disputants feel that they are right and want to win finally by litigation way with consent or default judgment.
Otherwise,mediation practice gives benefits for the disputants and based on Indonesian culture and civilization because solving dispute through mediation can be solved fast, correctly, and cheaply, thus it does not take much energy, time, and Ibid.
, hlm.
The 6th Proceeding International Conference And Call Paper Sultan Agung Islamic University thought.
In a result, it can keep privacy, beneficial for parties, and harmless with the result made by parties themselves, that is Auwin-win solutionAy.
In ethical value of Islam in solving sharia economic dispute, firstly, by al-shulhu.
Peace in islam is recommended because if there is peace among disputants, they will avoid from hostility.
If it does not work, it can be passed by al-tahkim .
and if it gets stuck.
Islam teaches us by al-qadha (Court Proces.
REFERENCES