Religious Courts in Indonesia in Troubled Financing Settlement of Islamic Banks during the Covid-19 Pandemic

Abstract

Based on the Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning the Religious Courts, it shows that the Religious Courts in Indonesia have the authority to resolve sharia economic disputes. Therefore, Religious Court Judges must continue to improve their capabilities in this field because in the midst of the Covid 19 disaster that also hit Indonesia, creditors often argue that a force majeure / overmacht has occurred so that it allows for a spike in disputes in the economic and business world, including Islamic banking. Although basically this situation is not an overmacht, it is a difficult situation / masyaqqah. On the other hand, finally the POJK regulation Number 11 / POJK.03 / 2020 concerning National Economic Stimulus as a Policy on the Countercyclical Impact of the Spread of Corona Virus Disease 2019, by providing the policies in the form of restructuring, credit relief, or new funding for debtors who are indeed affected by Covid 19, has led to multiple interpretations among creditors. Even though the losses caused by Covid 19 can be guaranteed by the government. As in Permenkeu number 71 / PMK.08 / 2020 concerning Government Guarantee Procedures through Guarantee Business Entities Designated in the Context of Implementing the National Economic Recovery Program, however, if a dispute occurs in litigation, the judge must be careful in making decisions.

Keywords: Role of Religious Court, the dispute Islamic banks, pandemic covid 19

DOI: 10.7176/JLPG/102-04

Publication date:October 31^st 2020