Karya Ilmiah

DISERTASI (225) - Konstruksi Hukum Kepailitan Syariah di Indonesia

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Bankruptcy is one of the ways of dispute resolution relating to the business
process of interaction. The institution of bankruptcy is also found in Islam.
Bankruptcy institution in Islam is known as Al-Taflis. In reality, bankruptcy and
Al-Taflis are interconnected each other. In judicial practice, the request of
bankruptcy by Syaria Bank as one of the parties occurs several times such as PT
Bank BNI Syariah with PT Lintas Sarana Komunikasi, PT Bank BNI Syariah with
E. Purdi Chandra (founder of Primagama Learning Center), and PT Bank Syariah
Bukopin with PT Hasenda Remindo. The inconsistency in the settlement of Syaria
ecomomic disputes needs to be observed carefully in those cases. The main issue
in this research is the opportunity for the dispute resolution through Islamic
bankruptcy using legal research method. Thus, the principle of Syaria bankruptcy
law is the expansion of Syaria principles, Syaria Economic principles and general
principles in bankruptcy law. The elaboration of these three group of principles
uses deductive methods. A conclusion taken from Syaria principles can be
adopted as Syaria Principles Bankruptcy law. The legal principles that indicate the
functions of bankruptcy law are the principle of debt collection, debt pooling
principle, the principle of debt forgiveness, and commercial principles out of
financial difficulties. The study of the principles of the two groups is then
complemented by a general principle in bankruptcy law. The general principle in
the Bankruptcy Act is made as a complement to the study of the previous two
groups of principles because of the substance and emphasis on the operational
aspects of bankruptcy. The concept of bankruptcy in Islam is known as at-Taflis.
In Fiqih there is Iflas, a sense of not having property. In Islam there is mechanism
of deferring debt payments to debtors who are experiencing difficulties as the
almighty word of Allah in Al-Q.S. Baqarah: 280. In the context of legal reform in
religious courts, there are several factors that support legal reform; the structure,
the substance, and the legal culture. These three elements support the existence of
legal reform within the scope of religious courts. Legal reform may start first by
establishing norms that need to be regulated, which are (1) the law concept of
Syaria Bankruptcy, (2) the provisions of the bankruptcy of material petitions, (3)
the consequences of the law from the bankrupt against the debtor, (4) the state of
the debtor after the bankruptcy is over, and (5) suspension of debt payments.

Key words : Law Construction – Shariah Bankruptcy – Indonesia

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Ketersediaan

031217017320

225

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

225

Penerbit

Surabaya : Fakultas Hukum Unair., 2017

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM KEPAILITAN SYARIAH

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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