Judicial Consideration Of Decision No. 273/Pdt.G/2021/Pa.Bkt In The Perspectives Of Benefit And Justice In Murabahah Contract

Rina, Rohayu Harun (2022) Judicial Consideration Of Decision No. 273/Pdt.G/2021/Pa.Bkt In The Perspectives Of Benefit And Justice In Murabahah Contract. Jurnal Jurisprudence, 12 (2). pp. 188-203. ISSN e-ISSN : 2549-5615

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Abstract

Purpose of the Study: This paper aims to analyze the judicial consideration of judges in Decision No. 273/Pdt.g/2021/PA.Bkt from the perspective of benefit and justice for all parties in the murabahah and its legal consequences. Methodology: This research used the literature review method. It used the descriptive qualitative analysis, which was conducted by profoundly reading the decision, analyzing the case, examining the appropriateness of the legal basis, and how to define them. Results: The legal considerations of judges in Decision No. 273/Pdt.g/2021/PA.Bkt are: (1) the resolution of disputes on sharia economy is the absolute authority of the Religious Court; (2) the judge assembly must maintain the legal interests and rights of the plaintiff from the actions of the defendant to undergo an auction, as well as avoiding the losses and harm that may befall the plaintiff; (3) there was an emphasis on good intentions, benefit, and justice for all parties but the judges punished the defendant to undergo rescheduling, restructuring, and reconditioning. Applications of this study: It can inspire judges to create legal reasoning that supports the aspect of legal certainty. It can inspire banks and customers to emphasize the aspects of good intention, benefit, and justice in implementing contracts. Novelty/ Originality of this study: It explained the legal consideration of judges that emphasized the aspect of mediation through contract renegotiation based on the positive law and relevant sharia principles. Keywords: Judicial consideration, murabahah contracts, banks, good intention, benefit, justice.

Item Type:	Article
Subjects:	300 Ilmu Sosial > 340 Hukum
Divisions:	Kepegawaian UMMAT > Angka Kredit Dosen
Depositing User:	Rina Rohayu Harun
Date Deposited:	27 Nov 2023 02:13
Last Modified:	27 Nov 2023 02:13
URI:	http://repository.ummat.ac.id/id/eprint/8261

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