Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta

TSAQAFAH

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Title Analysis of Alternative Dispute Resolution in non-litigation dispute resolution on Islamic Mortgage: at the Ombudsman Institution Yogyakarta
 
Creator Jamal, Mulyono; Universitas Darussalam Gontor
Mahfudz, Akhmad Afandi; Universitas Darussalam Gontor
Syamsuri, Syamsuri; Universitas Darussalam Gontor
Handayani, Resi; Universitas Darussalam Gontor
 
Subject Business disputes, non-litigation resolution, alternative dispute resolution, Islamic mortgage.
 
Description Limited information, experience, and very low economic conditions are the background of business dispute cases, especially in Islamic mortgages. Business dispute cases, including Islamic mortgage, have so far been resolved using non-litigation settlements using Alternative Dispute Resolution (ADR), it is considered easier, does not incur expensive costs, is familial, and achieves the goal of dispute resolution, namely win-win solutions. Settlement of disputes using this method has been regulated in Law Number 30 of 1999 concerning arbitration and alternative dispute resolution. In this case, the Yogyakarta Ombudsman as one of the non-litigation institutions also takes part in resolving disputes non-litigation. This study aims to analyze the method used, namely alternative dispute resolution in resolving disputes over sharia mortgage loans. Finally, this research finds that in the process of resolving disputes over sharia mortgages with alternative dispute resolution, the method of consultation, negotiation, mediation, and expert judgment is used. The alternative dispute resolution method prioritizes peace and a win-win solution or conditions that are favorable to the parties, but in this case, the non-litigation dispute resolution method does not succeed in bringing about peace or a win-win solution.
 
Publisher Universitas Darussalam Gontor
 
Contributor
 
Date 2021-10-09
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion

 
Format application/pdf
 
Identifier https://ejournal.unida.gontor.ac.id/index.php/tsaqafah/article/view/6760
10.21111/tsaqafah.v17i1.6760
 
Source TSAQAFAH; Vol 17, No 1 (2021): Islamic Education
2460-0008
1411-0334
 
Language eng
 
Relation https://ejournal.unida.gontor.ac.id/index.php/tsaqafah/article/view/6760/9459
 
Rights Copyright (c) 2021 TSAQAFAH
http://creativecommons.org/licenses/by-nc-sa/4.0
 

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