DEVELOPMENT OF SHARIA ECONOMIC DISPUTE SETTLEMENT THROUGH RECHTSVINDING IN INDONESIA

Abstract

The purpose of this study is to describe the development of legal discovery (Rechtsvinding) that occurs in national positive law in an effort to resolve sharia economic disputes. The discovery of law for judges in resolving sharia economic disputes is very important in the midst of the dynamic development of society in the fields of business, finance and sharia economics with all its variations, along with that the existing regulations are often far behind the reality of the development of the law itself. Judges as law enforcers who will deal directly with community problems are obliged to find and study the laws that develop in society, lawsuits also cannot be canceled on the grounds of ignorance of the law. The judge's considerations in the discovery of law in the resolution of sharia economic disputes can use methods and interpretations. Several studies have shown legal findings that can be used in sharia economic dispute resolution, namely the method of interpretation if the laws and regulations are not clear and the method of reasoning (regenerating, reasoning and argumentation) if the rules do not exist. The Court's decision can become jurisprudence. With the existence of jurisprudence, it is hoped that there will be no more inequality of differences between the elements of a decision in the same case. So that the ideals of justice in Indonesia are realized.