Peranan Hukum Kepailitan Menghadang Potensi Kepailitan Dalam Industri Keuangan Syariah

Abstract

Dispute resolution in sharia economics can be pursued through litigation. If referring to Article 2 passage (1) of Law No. 37 of 2004 concerning Liquidation and Delay of Obligation Installment Commitments, it is expressed that a debt holder who has at least two lenders and doesn't pay off somewhere around one obligation that is expected and can be If the case alluded to is a sharia monetary chapter 11 case, the court alluded to in this Law is the Strict Court. The exploration technique utilized is standardizing lawful examination. However, along with the growth of ordinary companies and companies that act as financial institutions, both banks and non-banks, the government should respond by providing a special court to resolve commercial cases committed by Islamic companies. Thus, it is necessary that the Commercial Court within the Religious Courts be established in order to fulfill legal certainty, usefulness and elements of justice for corporate legal entities that run their business with sharia principles.