The future challenges and opportunity for electronic court on sharia banking disputes resolution

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Dian Latifiani, Yusriyadi Yusriadi, Agus Sarono, Rofah Setyowati, Waspiah Waspiah, Ridwan Arifin, Anis Widyawati

2022 AIP Conference Proceedings Vol. 2573 Conference paper Cited by 4 Quartile

Abstract

Sharia economics as well as sharia banking has become a global concern not only because of its benefits and sustainability, but also character and opportunity. The growth of the Islamic Bank in Indonesia affected the growth of sharia banking disputes number. This research examines how technological advancement is used to resolve the sharia banking disputes through electronic court. This research used the empirical legal research method which directly observes and analyzes the effectiveness of the implementation of an electronic court to resolve sharia banking disputes. The study was conducted in Central Java Province Indonesia with various samples of Islamic Banks. The research emphasized that the challenges on the electronic court on sharia banking disputes resolution is concerning to legal certainty itself. Laws and regulations at the national level were not accommodated enough on solving the cases by the electronic court, as well as the validity of cases itself. Other problems faced are concerning the official capacity or human resources capacity to operate the electronics system. But, on the other side, the study highlighted that this system (electronic court) can promote fast, cheap, and certain principles on resolving disputes in the court. This system can be used for support on the investment that needs of legal certainty and health environment of law enforcement. © 2022 American Institute of Physics Inc.. All rights reserved.

Affiliations

Universitas Negeri Semarang, Sekaran, Gunungpati, Semarang, 50229, Indonesia; Universitas Diponegoro, Tembalang, Kota Semarang, Jawa Tengah, 50275, Indonesia