Analisis Terhadap Putusan Perkara Sengketa Ekonomi Syariah No: 599/Pdt.G/2018/PA.Gtlo yang Diperiksa dan Diadili di Tiga Tingkatan Peradilan

Abstract

This study aims to analyze the decision of the sharia economic dispute case that was submitted through a lawsuit at the Gorontalo Religious Court, then continued with the next legal effort, namely an appeal at the Religious High Court to the Supreme Court Cassation level. The results of the study indicate that the claimant and the parties referred to in the lawsuit have both made mistakes in the murabahah contract that has been agreed upon, and in terms of the judges' considerations at each level, it shows that the councils of the Religious Courts and the High Religious Courts passed things that should have been examined. namely the condition of negligence of obligations carried out by the plaintiff. The considerations conveyed by the assembly can certainly miss the sharia economic principle, namely the Taawun concept because the plaintiff's condition is sick and the plaintiff can prove it. As an institution that provides financing (creditors), it is certainly not possible to issue a warning letter if the debtor does not have any errors. So the result is that it can be separated between the state of overmatch and negligence of obligations.