ROLE OF ARBITRATION, MEDIATION AND JUSTICE RELIGION DISPUTE SETTLEMENT IN ISLAMIC BUSINESS POST CONSTITUTIONAL COURT RULING Ahmad Damiri STIES Darul Ulum Purwakarta
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ABSTRACT The solution of syari’ah business lawsuit can be attacked by two ways, the first through the way of the court, the second through the way of no litigation. One of the institutes which is chose to solve the lawsuit of syari’ah business the way of no litigation is the nation syariah arbitration corporation (BASYARNAS), that is the permanent institute which is build by Indonesia Mufti Committee (MUI). The process of lawsuit solution in BASYARNAS is solved by arbitration and mediation. As the role of law, arbitration and mediation have the competence to resolved the lawsuit of trade or business, include syariah business. The role of law that arrange the arbitration is in the law of No.38 on 1999 about arbitration and alternative of lawsuit solution. The position of BASYARNAS becomes stronger with the law of No. 30 on 1999 about arbitration and alternative of lawsuit solution that explain about the procedure of lawsuit through arbitration. The procedure to resolve the lawsuit solution of syariah business through arbitration institution or mediation based on the rule of law no.30 on 1999 about arbitration an alternative of lawsuit solution and perma no. 1 on 2008 about the procedure of mediation in court. The concept about arbitration and reconciliation in the law of islam is named with tahkim and al-sulh. Keywords : Disputes, Arbitration, Mediation, Religious Court
A. Preliminary Economic activity is an activity undertaken by every human being, there is a small and large scale. Since humans have many needs, the economic activity has grown rapidly. But everything that is done by human beings must have a basis or clear rules. Rules are made in economic activity should be synergy with the belief held. Indonesia is predominantly Muslim thus opening the door to deliver the Islamic economic system is run in accordance with the faith community. The concept of Islamic economics is often called Islamic finance has become an economic model that is based on the principles of Islam as exemplified by the Prophet. The application of Sharia principles in the economy, for example as set forth in the Banking Law No. 10 of 1998 on amendments to the Law No. 7 of 1992 concerning Banking in Article 1 mentions financing based on Islamic principles, "Financing based on Sharia Principles is to provide cash or equivalent was based on agreements between the bank and other parties who require the financed party to return the money or the charges after certain period of time in return or profit share ", and referred to islamic principles in accordance with the Law N0. 10 of 1998 that "Sharia is the rule of the agreement based on Islamic law between the bank and other parties to deposit funds and or financing of business activities, or other activities stated in accordance with sharia, among other financing based on the principle of profit sharing (Mudharabah), financing based on the principle equity (musharakah), the principle of buying and selling goods with profit (murabaha), or the financing of capital goods is based on the principle of rent pure without selection (ijara), or with the selection of the transfer of ownership of goods leased from the bank by another party (ijara wa iqtina)". The cultural, economic implementation of Sharia among Muslims have been implemented as part of the teachings of Islam. But structurally, the economic performance based on Islamic principles, especially the financial institutions and banking in Indonesia is emerging in the late 1990s. The emergence of banking institutions of Islam in Muslim countries such as Egypt and the Middle East has contributed to the birth of the banking institutions of Islam in Southeast Asia that
begins in Malaysia under the name of Bank Islam Malaysia Berhad (BIMB) in 1983, followed by Indonesia with Bank Tenets of Indonesia on the initiative of the Assembly Uama Indonesia (MUI) and the Government in 1990, and began operations in 1992. After their legality banking institutions based on Islamic principles, began to appear other financial institutions are also in operation can use Islamic principles such as Takaful, the Islamic pawnshop, Islamic Financing, Mutual Funds Sharia, Islamic leasing and others. Rise Islamic economic system followed by the emergence of many business firms who use the self-proclaimed Islamic system, then the consequences will inevitably arise, one of which was a dispute arises between the parties. Because sharia economy included in the category of the business world, where businesses will be faced with as tight-tight competition with other businesses to reach consumers and profits. Therefore, businesses are always required to monitor and give more consideration in maintaining the reputation and credibility in front of consumers and society. Bussines industry challenges are also faced with various problems related to the substance of the various risks, such as loss of reputation as a result of disputes with consumers that are not resolved in the best way. The rise of business activity, may not be avoided disputes (dispute) between the parties involved, both among businesses one with the other businesses , or businesses with consumers. Dispute on the economy of sharia among others related to the contract (agreement) that the sharia economy known as contract or dispute of interest between financial institutions and the users of funds can also be attributed to differences in perception or interpretation of the obligations and rights that they must satisfy. For problems of this legislation has facilitated the development of institutions to handle business disputes between the parties which can be do through arbitration or mediation institute .
On the above issues, there are several questions problems, namely : How is the authority of institutions of arbitration and mediation in resolving dispute Islamic business ? 2. How does the existence of Sharia Arbitration Board ( BASYARNAS ) in Indonesia ? 3. How sharia business dispute settlement procedure through arbitration and mediation ?
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B. Authority Organization Arbitration and Mediation in Resolving Disputes Syariah Business The scope of Islamic business When referring to Law No. 3 of 2006 on the Amendment of Act No. 7 of 1989 On the Religious Courts, the explanation of Article 39 letter (i) listed sharia economic terms. In the legislation explained that the reference to sharia economics include: a. Bank of Shariah; b. Microfinance Institutions Syari'ah; c. Sharia Insurance; d. Reinsurance shari'a; e. the Shariah Investment Fund; f. Bonds and Securities Futures Shari'ah Medium; g. Securities shari'a; h. Financing of Shariah; i. Pawnshop shari'a; j. Financial Institution Pension Fund Syari'ah; and k. Business Sharia. In the above description in mind that Islamic business meru¬pakan one part of sharia economy. Generally called sharia economy is economic activity that is in accordance with Islamic principles. Islamic economic terms are also synonymous with the term Islamic economics. Among the experts who defines such economies According to Monzer Kahf, Economics is defined as the study of human behavior in its hubungan with the utilization of productive resources are scarce (limited) to produce goods and services and distribute them for consumption. Arable fields economy is one factor in human behavior related to the production, distribution and consumption. According Soroso Imam Zadjuli, economics is the study of human behavior both individuals and community groups, in meeting their needs both material needs and spiritual (physical or mental), where those needs are likely to lead not limited, while the source of the 1.
fulfillment of these needs very limited. As for the behavior of the economy is in the form of how, why and by whom the organization of production factors implemented, the distribution of goods and services as well as the designation of a State enforced 1. As is the economy Islamic or sharia economy According Soroso Imam Zadjuli, Islamic economics is the application of economics in everyday practice for individuals, families, community groups and government in order to organize the factors of production, distribution and use of goods and services produced is subject to the regulations/legislation Islam (the laws). The understanding of the business is an organization that sells goods or services to consumers or other businesses, for a profit. Historically the business word of English business, from basic word busy, which means "busy" in the context of the individual, community, or society. In that sense, busy mengerjakan activity and jobs that bring profits. Businesses can also mean a business or commercial activity, industrial, or financial connected with the production or exchange of goods or services. In perspketif law, has the sense of a device kadiah laws governing the procedures implementation trade affairs, industry or finance with a motive to obtain certain advantages. Judging from exposure to the above, Islamic finance can be equated with the general economy, but also wilderness as part of the economic activity. but the pressure point of understanding the business is always oriented to a business by the profit motive. 2.
Authority of the Arbitration and Mediation In principle, the law enforcement authorities only do by the judicial power (judicial power) instituted a constitutional judiciary (Article 24 of the 1945 Constitution). However, pursuant to Article 1851, 1855, 1858 Civil Code Explanation of Article 3 of Law No. 14/1970 and Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, it opens the possibility of the parties to resolve the dispute by using the courts as institutions other than arbitration and mediation. a. Arbitration The term comes from the word arbitration "Arbitrare" (Latin), which means the power to get things done according to matter of wisdom or peace by the arbitrator or umpire 2. Based on Law No. 30 of 1999 on Arbitration, the definition of arbitrage is a way of solving civil disputes outside the public courts based on the arbitration agreement made in writing by the parties to the dispute 3. What is meant is arbitration agreement in the legislation above is deal the form of an arbitration clause contained in a written agreement entered into by the parties before a dispute arises or a separate agreement after the dispute. There are three things that can be put forward on the definition given Law No. 30 of 1999 that. 1) Arbitration is a form of the agreement; 2) The arbitration agreement was formed in writing; 3) The arbitration agreement is an agreement for disputes complete held outside the general courts. The arbitrator or umpire in arbitration is one or more selected by the parties to the dispute to complete dispute between them. Arbiter given and have the authority to intervene and the parties shall abide by the arbitration decision. Decision shall constitute the result of the final and binding. Arbitration authority stipulated in the Arbitration Act chapters 3 and 4 of paragraph 1 as follows: Article 3 District Court was not authorized to adjudicate disputes that have bound the parties in the arbitration agreement. Article 4 (1) In the event that the parties have agreed that disputes between them will be resolved by arbitration, and the parties have given the authority, then the arbitrator the authority to determine in its decision on the rights and obligations of the parties if this is not stipulated in their agreement. Suroso Imam Zadjuli, “Prinsip-prinsip Ekonomi Islam”, dalam M. Rusli Karim, Berbagai Aspek Ekonomi Islam (Yogyakarta: Tiara Wacana. 1992), hlm. 38. 2 Rahmadi Usman, Pilihan Penyelesaian Sengketa di Luar Pengadilan (Bandung: PT. Citra Aditya Bakti. 2003), hlm. 107. 3 Suyud Margono, Alternatif Dispute Resolution dan Arbitrasi: Proses Pelembagaan dan Aspek Hukum (Bogor: Ghalia Indonesia. 2002), hlm. 26-27. 1
The case may be decided upon in the arbitration is the only civil cases. Article 5 (1) Disputes can be settled by arbitration only in the field of trade disputes and the rights under the laws and regulations are fully controlled by the parties to the dispute. The verdict was decided by the arbitration institution shall be final and binding and can not be done any other remedies such as appeal, appeal or reconsideration. It is based on article 52, 53 and 60 of Law Arbitration. Article 52 The parties to a treaty are entitled to invoke binding advisory opinion from the arbitration institution on specific legal relationship of an agreement. Article 53 Against a binding advisory opinion as referred to in Article 52 can not be done through the efforts of any legal resistance. Article 60 An arbitration decision is final and has permanent legal force and binding on the parties. Article 60 An arbitration decision is final and has permanent legal force and binding on the parties. b. Mediation In the Supreme Court regulation No. 1 of 2008 on Mediation Procedure Court (Supreme Court Regulation No. 1 of 2008) defines mediation as a means of settling disputes through negotiation process to obtain the agreement of the parties with the assistance of a mediator. What is meant by the mediator is a neutral party that assists the parties in the process perundingan various possibilities for resolving disputes without resorting to impose a way of breaking or dispute. Some principles of mediation is voluntary or subject to the agreement of the parties, in the fields of civil, simple, private and confidential, and is mediate or act as a facilitator. These principles are the main attraction of mediation, because in mediation the parties can enjoy daan closure principle of confidentiality that is not in the litigation process. Litigation process is relatively open to the public and does not have the secret principles as owned by mediation 4. The mediation process is mediated by a mediator or more. Mediators can be chosen by the parties to the dispute. Mediators have a role as a party to oversee the conduct of mediation seperti set of negotiations, organizing meetings, mengatur discussion, mediation, formulating an agreement within the parties, as well as help the parties to realize that the dispute is not a battle to be won, but must be completed. A mediator does not make decisions about sengketa happened, but only assist the parties to achieve their goals and find solutions to problems. Mediation offers a win-win solution unlike arbitration and litigation, there are no winners and losers. When properly implemented, mediation will produce a solution in accordance with the desired appearance of the parties. Legal product of mediation is the agreement of the parties in the form of the agreement. The agreement does not have the power executorial as a court decision. In terms of reaching an agreement, the reference to Article 6 paragraph (7) nd paragraph (8) of Law No. 30 In 1999, an agreement that has been achieved and made in written form binding on the parties to implement in good faith and must be registered to Pengadilan State. Especially for mediation in court, referring to article 17 paragraph (5) Perma No. 1 In 2008, the parties may submit a peace agreement with the judge to be strengthened in deed bentuk peace. As a consequence the kesepakatan made peace in the form of a deed of peace is that in the case of a deed made peace, then the contents of the peace agreement will be placed in the court judgment. Position arbitration and mediation regulated by Law No. 30 of 1999 on Arbitration and mediation also set out in the Supreme Court Regulation No.1 of 2008 on Mediation Procedure in court. In Indonesia there are several arbitration institution for resolving business disputes occurring in trade traffic, among others BANI (Indonesian National Arbitration Board) which specifically resolve business disputes in general and BAPMI (Indonesian Capital Market Arbitration Board) BASYARNAS (Arbitration Service Syari'ah national), which deal with the 4 Frans Hendra Winarta, Hukum Penyelesaian Sengketa: Arbitrase Nasional Indonesia dan Internasional (Jakarta: Sinar Grafika. 2011), hlm. 16.
problems that occur in the institution of sharia business. As for the institution of mediation outside the court whom abbreviated PMN National Mediation Centre ba sed in Jakarta.
C. The existence of the National Sharia Arbitration Board (BASYARNAS) in Syariah Business Dispute Resolution Sharia arbitration body is one institution that can serve as a media dispute resolution sharia or Islamic business economics, outside the court. Before becoming BASYARNAS, arbitration body is called the Board of Arbitration Muamalah Indonesia (BAMUI). BAMUI established jointly by the Attorney General of the Republic of Indonesia and the Indonesian Ulema Council on 21 October 1993. BAMUI aims to resolve disputes related to muamalat as the relationship of trade, industry, finance, services and others among Islamic financial institutions and Community relating to the institution 5. In 2004 based on the results of the meeting and the board BAMUI Indonesian MUI, then set BAMUI be BASYARNAS (National Sharia Arbitration Board). Additionally, BASYARNAS in operation can also refer to the Law No. 30 of 1999 on Arbitration. The legal basis for the establishment of BASYARNAS refers to 1) of Law No. 30 of 1999 on Arbitration, 2) SK. Leadership Council MUI No. Kep-09/MUI/XII/2003 dated December 24, 2003 on the National Sharia Arbitration Board, 3) National Sharia Board fatwa Indonesian Ulema Council (DSN-MUI) regarding the relationship muamalah (civil). In the MUI fatwa was explained that every relationship muamalah (civil) always ends with the "if one party does not fulfill its obligations or if there is a dispute between two parties, the settlement through Arbitration Board Syariah after not reaching an agreement through consultation (See MUI No. 5 on buying and selling greeting, MUI fatwa no. 6 on the sale and purchase Istishna, MUI No. 7 on Mudharabah financing, fatwa No. 8 on Musharaka financing, and so on) 6. National Sharia Arbitration Board (BASYARNAS) is authorized: 1) Completing a fair and speedy dispute muamalah (civil) arising in the fields of trade, finance, industry, services and others that under the laws and regulations fully occupied by the parties, and the parties agree in writing to submit penyelesaiannya to BASYARNAS in accordance with the procedure BASYARNAS. 2) Provide a binding advisory opinion at the request of the parties without the existence of a dispute regarding the issues with respect to an agreement. BASYARNAS has advantages, including: 1) Giving credence to the parties, because penyelesaiannya honorably and responsibly; 2) The parties menaruh great confidence in the arbitrator, as handled by those skilled in the art (expertise); 3) Rapid decision-making process, with no through convoluted procedures and at a low cost; 4) The parties voluntarily submit penyelesaian persengketaannya to people (badan) trust so that the parties also will voluntarily implement the arbitrator's decision as a consequence of their agreement raised the arbitrator, because the nature of the agreement was pregnant with me-promise and every pledge it must be kept; 5) In the arbitration substantially contained proses peace and deliberation. While deliberations and peace is the desire of the conscience of each person. 6) Especially for the benefit of the Islamic Muamalat and transactions through Bank Muamalat Indonesia and BPR Islamic Muamalat Arbitration (BASYARNAS) will provide opportunities for the legal validity of Islam as perkara settlement, because in every contract has a clause enactment settlement through BASYARNAS 7.
Meriam Darus Badruzaman, Peranan BAMUI Dalam Pembangunan Hukum Nasional, dalam Arbitrase Islam di Indonesia (Jakarta: BAMUI. 1994), hlm. 57-69. 6 www.badilag.net/data/ARTIKEL/makalah%20pak%20manan.pdf, diakses tanggal 10 Januari 2014. 7 Warkum Sumitro. Asas-Asas Perbankan Islam & Lembaga-lembaga Terkait (BAMUI, Takaful dan Pasar Modal Syariah di Indonesia) (Jakarta: Raja Grafindo Persada. 2004), hlm.167-168. 5
Besides the above advantages there are also beberapa weakness. When viewed BASYARNAS developments that have not been up to compensate for the rapid development of Islamic finance in Indonesia lembaga, should BASYARNAS do spruce management and human resources. If dibandingkan with the Indonesian National Arbitration Board (BANI) and the Indonesian Capital Market Arbitration Board (BAPMI) are relatively new stand, then BASYARNAS still need improvement. In order to become an institution that is trusted by the people, it must have a good performance, has a representative building, good administration, secretarial always ready to serve the parties to the dispute, and the arbitrator who is able to assist in the resolution of their disputes properly and satisfactorily. Good internal conditions will improve if it is supported by law enforcement of the government's decision is final and binding arbitration in dispute resolution. Position arbitration institution in terms of Indonesian law become stronger by BANI (Indonesian National Board of Arbitration), which received recognition from the Minister of Justice, Minister of State for Economy, Bapennas and the President of the Republic. And position BASYARNAS also become stronger with the Act No. 30 of 1999 on Arbitration and Alternative Dispute resolution that describes the procedure for litigants through arbitration . National Sharia Arbitration Board (BASYARNAS), initiated by the MUI and the Indonesian National Arbitration Board (BANI), initiated by the Indonesian Chamber of Commerce (Kadin) has the same position in resolving the dispute through arbitration. The difference of segiobjek dispute, when menyangkut with sharia civil cases resolved by BASYARNAS.
D. Procedure settlement of business disputes through arbitration and mediation sharia Arbitration Board National Sharia (BASYARNAS) have rules of procedure which contains provisions include: a request to convene an arbitration, the determination of the arbitrator, investigation, peace, evidence and witnesses, the end of the examination, a decision, repair decision, the cancellation decision, registration decision, the enforcement (execution), the cost of arbitration. The mediation can be done in court or out of court. For mediation in court, referring to the PERMA No. 1 In 2008, the parties may submit a peace agreement with the judge to be strengthened in the form of a deed of peace 8. As for mediation outside the courts can also be done through mediation outside the court without going through a court case first. In the event of a peace deal like that, then it can request that the peace agreement set forth in the deed of peace. How to be taken: 1) Asking a court case enclosing a peace agreement and evidence of legal relations; 2) The judge in the case a quo check, just check whether the deal: a. In accordance with the will of the parties; b. Does not conflict with the law; c. Do not harm third parties; d. Can be executed; e. On the basis of good faith 3) If the agreement was in violation of the above provisions, the judge should reject it 9. When referring to the rule of Islamic law that all disputes can be referred to in the settlement through mediasi, arbitration or court. Mediation and arbitration is the one recommended in resolving all persengketaan which gives a sense of fairness to all parties. In a dispute resolution system based on Islamic law is no different with the national law, namely through peace (sulh/reconciliation), through arbitration (tahkim), and through the judicial authority (wilayat al-qadla) 10. In language, "sulh" means dampen infighting, while according to the term "sulh" means a type of contract or agreement to end the dispute/quarrel between the two parties to the dispute amicably. Resolve disputes under a peace to end a case was highly recommended by Allah as stated in the letter of al-Hujarat (49) paragraph 9, which means: "And if two parties of the believers from fighting, then make peace between them. If one of the two parties is doing injustice to another, then fight the ones who do injustice so that the group returned to the 8 9
Frans Hendra, Hukum Penyelesaian. hlm.17
http://www.badilag.net/data/ARTIKEL/CARA%20MUDAH%20MEMAHAMI%20MEDIASI.pdf , diakses tanggal 10 Januari 2014. 10 Wirdayaningsih, Bank dan Asuransi. hlm. 229.
command of God, if the group was returning (to Allah's command, then make peace between them with justice and be fair. There are three pillars that must be met in the peace agreement must be done by the conduct of peace, namely consent, qabul and lafazd of the peace deal. If these three things are met, then the agreement has taken place, as expected. Of the peace agreement was born of a legal bond, which each party is obliged to implement them. Keep in mind that the peace agreement that has been agreed it can not be canceled unilaterally. If any party does not agree to the contents of the agreement, the cancellation of the agreement must be approved by both parties. The dispute is a dispute that must be reconciled in the form of a treasure that can be assessed and human rights concerns that should be replaced. Peace was limited to the issue of muamalah only (civil relationship), while the right menyangkut Allah SWT. can not be held peace. Arbitration in the perspective of Islam known as tahkim is part of qadha (judicial). Tahkim itself comes from the word hakkama. Etymologically, tahkim means having someone as a deterrent to a dispute. In general, tahkim have the same understanding with arbitration which is known today that the appointment of one or more people as a referee by two disputants or more, in order to settle their disputes peacefully, people who completed the so-called Hakam 11. The legal basis of arbitration or tahkim in the Koran, if explored, in principle, with suggestions for dispute by peaceful deliberation and sebagaimana described Quran Aal Imran (3) paragraph 159 and As- Syuura (42) paragraph 38. However, if the deliberation and peaceful way does not work, or each party on the establishment, then they can ask a third party to resolve the dispute between them (Hakam). It is contained in the QS. Al-Nisa (4) verse 35: "And if you worry there is dispute between them, then send an Hakam family of a man and a woman from a family Hakam. If both intend to repair it Hakam, Surely Allah is Knowing and All-Knowing ". Hadith arguments that can be used as a reference on sulh or Hakam including Sunan Tirmidhi Hadith 12 : أَ ﱠن َﺣ ﱠﺪﺛَﻨَﺎ ْاﻟ َﺤ َﺴﻦُ ﺑْﻦُ َﻋﻠِ ﱟﻲ ْاﻟ ﱠ ف ْاﻟ ُﻤﺰَ ﻧِ ﱡﻲ ﻋ َْﻦ أَﺑِﯿ ِﮫ ﻋ َْﻦ َﺟ ﱢﺪ ِه ٍ ْﷲ ْﺑ ِﻦ َﻋ ْﻤ ِﺮو ﺑ ِْﻦ ﻋَﻮ ِ ﺨَﻼ ُل َﺣ ﱠﺪ َﺛﻨَﺎ أَﺑُﻮ ﻋَﺎ ِﻣ ٍﺮ ْاﻟ َﻌﻘَ ِﺪيﱡ َﺣ ﱠﺪﺛَﻨَﺎ َﻛﺜِﯿ ُﺮ ﺑْﻦُ َﻋ ْﺒ ِﺪ ﱠ َ َ ْ ْ ْ ْ ﺻﻠﱠﻰ ﱠ ُوط ِﮭ ْﻢ إِﻻﱠ ﱠ ً ُ َ ٌ َ َ ِ ﺎل اﻟﺼﱡ ﻠ ُﺢ َﺟﺎ ِﺋﺰ ﺑَﯿْﻦَ اﻟ ُﻤ ْﺴﻠِ ِﻤﯿﻦَ إِﻻ ﺻُﻠﺤً ﺎ َﺣ ﱠﺮ َم َﺣﻼﻻ أوْ أ َﺣ ﱠﻞ َﺣ َﺮا ًﻣﺎ َواﻟ ُﻤ ْﺴﻠِ ُﻤﻮنَ َﻋﻠﻰ ﺷﺮ َ ﷲ ُ َﻋﻠَ ْﯿ ِﮫ َو َﺳﻠﱠ َﻢ ﻗ َ ﷲ ِ ُﻮل ﱠ َ َرﺳ َ َ ً ٌ ً َ َ َ ٌ ﺷﺮْ طﺎ َﺣ ﱠﺮ َم َﺣﻼﻻ أوْ أ َﺣ ﱠﻞ َﺣ َﺮا ًﻣﺎ. ٌﺻ ِﺤﯿﺢ َ ﺎل أَﺑُﻮ ِﻋﯿ َﺴﻰ ھَﺬا َﺣ ِﺪﯾﺚ َﺣ َﺴﻦ َ َﻗ That the Messenger of Allah said, peace is permissible between Muslims unless peace in proscribe kosher or justify the unlawful, and the Muslims were bound by the terms that made unless the requirement prohibiting the lawful or justify the unlawful. Based on the settlement of business disputes that sharia should also refer to the methods and ways of settlement recommended by sharia Similarly, al-Quran and Hadith. Mediation and arbitration is one of the alternatives for settling disputes out of court, and it is in Islamic finance has also found its legality.
E. Conclusion From the above explanation can be concluded as follows: Completion of Islamic business disputes can be reached through arbitration and mediation. Arbitration and mediation by the rule of law has the authority to resolve disputes of trade or business, including Islamic business. Rules governing law of arbitration contained in Law No. 30 of 1999 on arbitration and alternative dispute resolution; 2. BASYARNAS is a permanent institution established by the Indonesian Ulema Council which serves resolve disputes kemungkinan sharia economy. Position BASYARNAS become stronger with the Act No. 30 of 1999 on Arbitration and Alternative Dispute resolution that describes the procedure for litigants through arbitration; and 3. Dispute resolution procedures sharia business through arbitration or mediation body refers to the rules of Law No. 30 of 1999 on the settlement of arbitration and alternative and Perma No. 1 of 2008 on mediation procedure in court. The concept of Arbitration and Conciliation of Islamic law known as tahkim and al-sulh. 1.
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www.badilag.net/data/ARTIKEL/makalah%20pak%20manan.pdf, diakses tanggal 10 Januari Imam Tirmidzi, Sunan Tirmidzi, (hadis nomor 1363) (Beirut: Dar al-Fikr. 1978), hlm. 403.
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