Development of sharia economic dispute settlement through rechtsvinding in Indonesia / Ida Nad Nadirah and Onny Medaline
The purpose of this study is to describe the development of legal discovery (Rechtsvinding) that occurs in national positive law in an effort to resolve sharia economic disputes. Judges as law enforcers who will deal directly with community problems are obliged to find and study the laws that develo...
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| Main Authors: | , |
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| Format: | Book Section |
| Language: | English |
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Division of Research, Industrial Linkages and Alumni, UiTM Cawangan Melaka
2023
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| Online Access: | https://ir.uitm.edu.my/id/eprint/81836/1/81836.pdf https://ir.uitm.edu.my/id/eprint/81836/ https://www.mic3st.com/ |
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| Summary: | The purpose of this study is to describe the development of legal discovery (Rechtsvinding) that occurs in national positive law in an effort to resolve sharia economic disputes. Judges as law enforcers who will deal directly with community problems are obliged to find and study the laws that develop in society, lawsuits also cannot be canceled on the grounds of ignorance of the law. The judge's considerations in the discovery of law in the resolution of sharia economic disputes can use methods and interpretations. Several studies have shown legal findings that can be used in sharia economic dispute resolution, namely the method of interpretation if the laws and regulations are not clear and the method of reasoning (regenerating, reasoning and argumentation) if the rules do not exist. The Court's decision can become jurisprudence. With the existence of jurisprudence, it is hoped that there will be no more inequality of differences between the elements of a decision in the same case. |
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