Consumers Spiritual Rights in the Islamic Banking Dispute Out of Court Settlement

Yıl 2018, Cilt: 9 Sayı: 4, 334 - 351, 01.10.2018

Ro'fah Setyowati İndah Purbasari Encik Muhammad Fauzan

Öz

From the perspective of consumer protection, consumer of Islamic Financial Institution (LKS) have spiritual rights, in which their religious rights are guaranteed in the form of sharia principles. The problem is that the provisions in Indonesia Financial Services Authority Regulation (POJK) Number 1/ POJK.07/ 2014 concerning Alternative Disputes Settlement Institutions do not contain clauses related to these spiritual rights. Using a doctrinal approach, especially philosophical, juridical, and practical, this study aims to analyze the POJK using the perspective of consumer protection, specifically spiritual rights. The results of the study found the disharmony of law in the alternative disputes settlement. If the problem does not receive adequate attention, it means that it does not encourage the legal certainty that is needed for Indonesia Islamic economic law development.

Anahtar Kelimeler

Consumers Protection, Spiritual Right, Islamic Banking Dispute, Settlement out of court.