The Decline Of The Sharia Economic Mediation In Indonesian Religious Court

The Cases Study Of The Purbalingga Religious Court

Abstract

The implemention of court-mandated mediation in Indonesia raises the hope for better resolution in economic disputes, bit the succes of court-mandated mediation in Indonesia is considerably low. The extention of the role of Religious Court to deal with the disputes on shariah bussiness marks the more attention to court-mandated mediation. The Religious Court of Purbalingga initially can be considered to be the succesfull religious court in Central Java in implementing mediation on sharia economic disputes but the number of dsharia economic disputes brought to it tend to decline. This article is aimed to give brief picture of the implementation of court-mandated mediation in sharia economic disputes in Purbalingga Religious Court and to reveal the factors underlying the decline of the mediation of sharia economic disputes. Based on socio-legal appoach, this  study shows that the mediation of Islamic economic cases in the Religious Court of Purbalingga is held according to standard process, a long with the understanding that mediation is closely related to Islamic mechanisme of Islah. The main problems that hinder the implementation of court-mandated mediation in sharia economic disputes in it the issue of power imbalance and the unfavored result mediation which fail to come to agreement.