Penyelesaian Sengketa Wanprestasi Akad Murabahah di Pengadilan Agama Kudus (Studi Kasus Putusan 455/PDT.G/2019/PA.Kds)

Abstract

This study aims to determine the settlement of sharia economic disputes in the holy religious court as well as the reasons and considerations of judges in deciding sharia economic cases. This study uses a qualitative method. The data sources used are primary and secondary data sources. Data collection techniques using direct and indirect techniques. Testing the validity of the data is based on four criteria, namely credibility, transferability, dependability, and confirmability. The data analysis technique used is descriptive qualitative analysis method. The results of the analysis carried out by the author can be concluded that the a quo cases are resolved by ordinary events. This proves that the settlement of the a quo case is in accordance with the Supreme Court Regulation Number 14 of 2016 concerning Procedures for Settlement of Sharia Economic Cases. That the reason and consideration of the Judge on case number 455/Pdt.G/2019/PA.Kds was to state that the Murabahah contract was valid, the Defendant was proven to have defaulted and paid material compensation of Rp. 57,551,594 and paid court fees. The legal basis used by the Panel of Judges is Law No. 7 of 1989 as amended by Law No. 3 of 2006 and the second amendment to Law No. 50 of 2000 on Religious Courts. The Sharia Economic Law Compilation contains the legally formed contracts that apply Sharia Nash. And HIR (Herzien Inlandsch Reglement) contains the imposition of court fees. In the main case, the plaintiff stated that the Murabahah Agreement was valid that the defendant had defaulted and sentenced the defendant to pay material compensation and costs arising from the case.