Implementation of Progressive Law in Sharia Banking Dispute Settlement
Case Study of Religious Court Decisions in Indonesia
Bibliographic Data
| ID | 22347148 |
|---|---|
| Authors | Nur Hidayah (0000-0002-2602-2385, Syarif Hidayatullah State Islamic University Jakarta), Abdul Azis (0000-0002-9715-0763, Syarif Hidayatullah State Islamic University Jakarta) |
| Year | 2023 |
| Volume | 27 |
| Issue | 1 |
| Pages | 227-257 |
| Publication date | 2023-06-26 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | ULUMUNA (JOURNAL) |
| Journal identifiers | ISSN: 1411-3457 • E-ISSN: 2355-7648 |
| Publisher | State Islamic University (UIN) Mataram (PUBLISHER) |
| DOI | 10.20414/ujis.v27i1.652 |
| OpenAlex | W4382072342 |
| Language | EN |
| Citations received | 2 |
| References cited | 5 |
This research aims to analyze the extent to which judges have applied progressive legal paradigm in deciding Sharia banking disputes and the extent to which the decisions have fulfilled the principles of legal certainty, justice, and value. This normative legal research uses statutory and case study approaches by analyzing Sharia banking dispute decisions obtained from the website of the Supreme Court of the Republic of Indonesia. This research found that decisions based on textual legal interpretations tend to less implement progressive law, lacking of accommodating people's sense of justice as they put more emphasis on legal certainty. Meanwhile, decisions based on contextual legal interpretations tend to implement progressive law by prioritizing legal justice rather than legal certainty, more accommodating people’s sense of justice. Such different decisions are partly attributed to the different interpretations of judges due to different levels of competence and different understanding of Sharia among the judges. By participating in integrated and sustainable training, judges can improve their competence to deleiver justice for all concerned parties
Business · Certainty · Economic Justice · Islam · Legal certainty · Legal research · Normative · Political science · Sharia · Statutory law · Indonesian Legal and Regulatory Studies · Law · Legal Studies and Policies · Marriage and Family Dynamics · Psychology · Social Psychology
The Paradigm of Progressive Judge’s Decision and Its Contribution to Islamic Legal Reform in Indonesia
Indonesian Religious Court Decisions on Child Custody Cases
Islamic Legal Interpretation
Application of Ultimum Remedium Principles in Progressive Law Perspective
The Settlement of Sharia Banking Dispute based on Legal Culture as a Practice of Indonesian Islamic Moderation
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,67 |
| Citation span | 2023 - 2023 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |