Teknik Penyelesaian Sengketa Melalui Non-Litigasi Di Perbankan Syariah

Abstract

This study aims to determine dispute resolution techniques through non-litigation in Islamic banking. The development of Islamic banking and financial institutions has progressed spectacularly. Among them are Islamic banking, Baitul Mal wat Tamwil (BMT), Sharia Insurance etc. In Islamic banking, the financing system uses a profit-sharing system and prioritizes the precautionary principle and seeks to minimize the risk of business failure. However, with the rapid progress of the times, it is undeniable that the emergence of sharia banking disputes. For this reason, it is important for Islamic banking and customers to resolve disputes properly. This effort can be resolved in two ways, namely litigation and non-litigation. The option of resolving disputes through non-litigation is taken by way of deliberation, mediation, arbitration through the National Syari'ah Arbitration (Basyarnas) or other arbitration institutions. From several models of dispute resolution through non-litigation, we will explain the dispute resolution process, the advantages and disadvantages of each method through the non-litigation route. This study uses a qualitative descriptive research method with secondary data sources from scientific journals, using a qualitative approach.