Kompetensi Absolut Penyelesaian Sengketa Koperasi Konvensional yang Memberikan Fasilitas Pembiayaan Murabahah (Studi Putusan Ma Nomor : 608 K/Pdt/2021)

Abstract

Utilizing financing facilities based on Islamic principles is a right of consumers in financial institutions. Therefore, the emergence of laws and regulations governing such financing mechanisms plays an important role in helping the public determine the financing facilities that suits their needs. The research method used in this study is normative juridical research. The approaches applied are the statutory approach and the case approach. Data sources include primary legal materials, secondary legal materials, and non-legal materials, with data collection conducted through literature study. To analyze all collected legal materials, this research uses qualitative data analysis. The absolute competence of the Religious Courts is limited to adjudicating sharia economic matters that are strictly based on “sharia economics” as stipulated in the elucidation of Article 49 point (i) of the Law on Religious Coutrs and the fatwas issued by the National Sharia of the Indonesian Ulema Council (DSN-MUI), including fatwas on Islamic financial institutions and murabahah financing. Similar to other financial institutions, in this case, a financing company legally structured as a conventional cooperative is expected to refrain from unlawful conduct, such as providing murabahah financing, which is not within its legal domain as regulated under the prevailing laws and regulations.