Jakarta (9/12)- Dispute settlement in Islamic finance institution is up until today is still become the main issue that need to be handled. There is two ways of shariah dispute settlement one by the mediation thru the National Syariah Arbritrage ( BASYARNAS) and the shariah court, whereas the effectiveness is still under questions.
The former Director of Investigation and Mediation of Indonesia’ Banking system Purwantari Budiman said that the two shariah institutions, Basyarnas and syariah court, are not effectively handling the matter of Islamic finance dispute since both institutions lack of competency in Islamic finance transactions. “ when the dispute to be settled in Basyarnas, it will be difficult since the banking operations dispute will be handled by referring to fiqh (Islamic jurisprudence), it will be a deadlock, “ explained Purwantari during the refreshing program at refreshing program for finance and banking journalists at Lembaga Pengembangan Perbankan Indonesia (LPPI), last Thursday (8/12). (source)
In the meantime, in shariah court, the judge seems lack of knowledge of the dispute in regard to Islamic banking transactions; as a result the dispute settlement cannot be processed.
In light with this phenomenon, Bank Indonesia (BI) will collaborate with the shariah court in improving the judge competency in Islamic finance operations with issues that will be handled by the court.
“BI has the initiative to provide mediation training for Islamic banking dispute settlement,” said Purwantari.
Furthermore, Purwantari suggested to settle the shariah dispute thru the mediation process first, before going into court is, therefore, BASYARNAS needs a neutral mediators.
“As a matter of fact, BI knows the rule of the game better, I perceived that BI should established the Mediation institutions for shariah dispute settlement,” exclaimed Purwantari. (ul)
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