SIMPLE LAWSUIT IN SHARIA ECONOMIC DISPUTES. A CASE STUDY OF DECISION NUMBER 1/PDT.G.S/2019/PA.KDS

Jurnal Dusturiyah. Vol 14, No.2 (Juli-Desember) 2024 E-ISSN.2580-5363. P-ISSN.2088-5363 DOI Prefix 10.22373 Simple Lawsuit in Sharia… Luqman Nurhisan, Nahara Eriyanti SIMPLE LAWSUIT IN SHARIA ECONOMIC DISPUTES (A Case Study of Decision Number 1/Pdt.G.S/2019/PA.Kds) Luqman Nurhisam, Nahara Eriyanti IAIN Kudus, UIN Ar-Raniry Banda Aceh , ABSTRACT As the activities of the Sharia economy develop, the number of Sharia economic dispute cases submitted to the Religious Court has increased. One of the cases decided by the Kudus Religious Court is the Breach of Contract Lawsuit with Decision Number 1/P.dt.G.S/2019/PA.Kds. The Supreme Court issued Regulation Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Disputes, which includes simple lawsuits and ordinary lawsuits. Simple lawsuits are further regulated in Supreme Court Regulation Number 2 of 2015, which was later amended to Supreme Court Regulation Number 4 of 2019 concerning Procedures for the Settlement of Simple Lawsuits. This regulation aims to ensure that the resolution of Sharia economic disputes is simpler, faster, and less costly. This research aims to analyze the process and mechanism for resolving simple Sharia economic dispute lawsuits at the Kudus Religious Court, examine the judges' considerations in deciding Sharia economic dispute cases, and identify challenges in resolving Sharia economic disputes. The type of research used is field research with a qualitative approach, utilizing primary, secondary, and tertiary data. The results of the study show that the process and considerations of the judges in Decision Number 1/P.dt.G.S/2019/PA.Kds are in accordance with applicable regulations. However, the resolution of the case takes quite a long time. Therefore, judges in the Religious Courts are required to have competence in Sharia economic law to handle cases more effectively and efficiently. Keywords: Lawsuit, Simple Lawsuit, Ordinary Lawsuit, Sharia Economic Dispute A. INTRODUCTION Economic activities have existed since Adam and Hawa were sent down to Earth by Allah SWT tens of thousands of years ago. They were the first to engage in economic activities by directly gathering resources from nature (food gathering) to meet their basic needs, particularly those related to clothing, shelter, and food. As the descendants of Prophet Adam and Eve increased, they adopted a nomadic lifestyle, moving from place to place to find and fulfill their needs. However, as their problems became more complex due to the depletion of natural resources and the challenges of processing them, they began to think about ways to address these issues.1 According to Law Number 3 of 2006 concerning the Judiciary.2 Affirming Article 49 letter i, the authority of the Religious Courts has been expanded from the previous Law Number 7 of 1989 concerning Religious Courts. The authority of t he Religious Courts, which was initially limited to handling cases related to marriage, inheritance, wills, grants, endowments, and alms, is now expanded under Article 49 letter i to include economic matters such as zakat, infaq, and Sharia economic disputes.3 1 Abdul Manan, Hukum Ekonomi Syariah (Jakarta: Prenadamedia Group, 2016).1 2 Undang-Undang Republik Indonesia Pasal 49 Nomor 3 Tahun 2006 Tentang "Perubahan Atas Undang-Undang Nomor 7 Tahun 1989 Tentang Peradilan Agama” (2006). 3 Faturrahman Djamil, Penyelesaian Pembiayaan Bermasalah Di Bank Syariah (Jakarta: Sinar Grafika, 2014). 134 314 Jurnal Dusturiyah. Vol 14, No.2 (Juli-Desember) 2024 E-ISSN.2580-5363. P-ISSN.2088-5363 DOI Prefix 10.22373 Simple Lawsuit in Sharia… Luqman Nurhisan, Nahara Eriyanti Regarding the above statement, the Religious Court has the right to resolve cases in the field of Sharia economics. For resolutions in non-religious court institutions, there are several alternative options that can be used to settle Sharia economic disputes, namely through arbitration and alternative dispute resolution. In the breach of contract case found in Decision Number 1/Pdt.GS/2019/PA.Kds, the court ruled on a Simple Sharia Economic Lawsuit/Breach of Contract involving PT. BPRS Saka Dana Mulia against its customer who committed a legal act of breach of contract. In this context, humans are essentially beings who possess the traits of compliance, social desires, and the wish to keep up with the times. This study aims to understand the process and mechanism of resolving simple lawsuits in Sharia economic disputes at the Class 1B Kudus Religious Court, as well as the judges' considerations in deciding simple lawsuit cases in Sharia economic disputes, and the challenges in resolving simple lawsuit cases in Sharia economic disputes. B. LITERATURE REVIEW Simple Lawsuit In Article 1 paragraph (1) of Supreme Court Regulation Number 2 of 2015, it is stated that "Settlement of a simple lawsuit is a procedure in the court against a civil lawsuit with a maximum material value of Rp. 200,000,000.00 (two hundred million Indonesian Rupiah), which is resolved with simple procedures and evidence.”4 Not only is expediency emphasized, but also juridical considerations, precision, thoroughness, as well as sociological considerations ensuring societal justice are taken into account. This principle includes speed in the process, speed in the outcome, and speed in evaluating the performance and productivity level of the judicial institution. Light costs refer to litigation expenses that are affordable for the community (Explanation of Article 2 Paragraph (4) of Law Number 48 of 2009). Light costs also imply that seeking justice through the judicial system is not just for those who hope for justice assurance within it, but there must be an assurance that justice is not costly, justice cannot be materialized, and justice is independent and free from other values that undermine its own value.5 The Supreme Court has refined the regulation by issuing Supreme Court Regulation (PERMA) Number 4 of 2019 concerning Amendments to PERMA Number 2 of 2015 concerning the Procedure for Resolving Simple Lawsuits, wherein the provisions of Article 1 number 1 and Article 3 paragraph (1) are amended, thus reading as follows: “The Settlement of Simple Lawsuits is a procedure for examination in the court against a civil lawsuit with a maximum material claim of Rp. 500,000,000.00 (five hundred million Indonesian Rupiah), which is resolved with simple procedures and evidence”.6 The parties involved in the lawsuit are expected to handle the case independently without using the services of lawyers or advocates, and here the judges are required to implement a more intensive approach. Simple lawsuits are formed to avoid actions that are categorized as complex, and of course, aim to achieve a legal process that is simple, fast, and cost-effective in accordance with its principles. 4 Nevey Varida Ariani, “Gugatan Sederhana Dalam Sistem Peradilan Di Indonesia,” Jurnal Penelitian Hukum De Jure 18, no. 3 (September (...truncated)