Harmonisasi Hukum Acara Perdata dan Prinsip Syariah dalam Praktik Pengadilan Ekonomi Syariah

Abstrak

This research aims to analyse the harmonisation between civil procedural law and sharia principles in the practice of sharia economic courts in Indonesia. As a Muslim-majority country, the application of sharia principles in economics is increasingly important to be effectively implemented in the courts. However, there are great challenges in integrating the secular civil law system with the sharia principles underlying sharia economic courts. The type of research used is qualitative research with an analytical descriptive approach. The data sources in this research were obtained from in-depth interviews with sharia economic court judges, sharia law practitioners, and other related parties who have competence in this field. Secondary data was also obtained from relevant legal documents and court decisions. The purpose of this study is to identify the obstacles and challenges in the process of harmonising civil procedural law with sharia principles, as well as to explore solutions that can be applied to improve the implementation of sharia economic courts. The results show that despite harmonisation efforts through existing regulations, the incompatibility between civil procedure and sharia principles is still a major obstacle. Judges and parties involved in disputes often face difficulties in interpreting and implementing sharia principles in the practice of civil procedural law.