Tinjauan hukum terhadap putusan pailit pada perkara ekonomi syariah

Abstract

This study aims to analyze the legal perspective on bankruptcy decisions in Islamic economic cases in Indonesia. The background of this research is based on the inconsistency between the application of bankruptcy law in the positive legal system and the principles of Islamic economics, which emphasize justice, welfare, and balance. The method used is normative legal research with a statutory and conceptual approach. The results show that bankruptcy decisions involving Islamic contracts still tend to use conventional legal approaches without considering contract characteristics such as risk sharing and profit sharing principles. Furthermore, there is a dualism of authority between the Commercial Court and the Religious Court, which creates legal uncertainty. This situation has the potential to ignore Islamic principles in dispute resolution. Therefore, harmonization of national bankruptcy law with Islamic economic principles is needed to create a legal system that is fair, consistent, and provides legal certainty for Islamic economic actors.