ANALYSIS OF THE NATURE OF FINAL AND BINDING DECISIONS OF THE NATIONAL SHARIA ARBITRATION BOARD (BASYARNAS) IN SHARIA ECONOMIC DISPUTES

Abstract

The national sharia arbitration body (Basyarnas) is a non-litigation sharia economic dispute resolution institution that is considered capable of resolving disputes quickly, fairly and providing a win-win solution for the disputing parties. In addition, the decision is final and binding, meaning that the decision is a final decision that must be obeyed, the decision is binding on the parties to the dispute and there are no legal remedies for appeal, cassation or review as contained in litigation dispute resolution in court. However, at the practical level, the Basyarnas decision can be pursued by legal remedies to cancel the decision by submitting it to the court as also stated in Law Number 30 of 1999 concerning arbitration and alternative dispute resolution in article 70. This raises an indication of legal uncertainty or unclear nature of the final and binding contained in the Basyarnas decision. This study uses a normative juridical approach with a juridical descriptive analysis. This means that the approach taken is by examining the approaches to theories, concepts, studying the laws and regulations concerned with this research or the statutory approach. The results of this study conclude that the decision of the National Sharia Arbitration Board cannot be said to be final and binding because legal remedies can still be made through cancellation of the decision to the Court. The existence of the elements contained in Article 70 of Law Number 30 of 1999 the request for annulment causes uncertainty or unclear meaning of the final and binding nature and is contrary to the basic purpose of law, namely to provide justice, benefit and legal certainty.