Batasan Wewenang Peradilan Agama DiIndonesia Dalam Penyelesaian Sengketa Ekonomi Syariah

Abstract

At 2006, a government has issued constitution No.3/2006 about
religious court.Which is an amandement of constitutions No.7/1989. Wherein
constitution No.3/2006, an authority of religious court has been expanded. And
inserting a dispute retolution of Islamic economic as a part of absolut authority of
religious court, as described in clause No.49 constitution No.3/2006. The research has
applied normatively, which using positive law principles in sync. Then compare it to
know the practice of that law in a reality. And the data was collected from literature
(case) study, and reinforced by an interview. The findings is, the constitution cannot
implemented effectively in religious court. Because of an unstability of the
regulations of Islamic economic in religious court.