Authority to Implement the Execution of Decisions of the National Sharia Arbitration Board According to Indonesian Positive Law
Abstract
This study aims to analyze the authority and regulations for the execution of decisions of the National Sharia Arbitration Board (BASYARNAS) in the Indonesian legal system. The research method used is normative research with a statutory, conceptual, comparative, and historical approach. The analysis used in this study uses a qualitative analysis method, namely by interpreting the processed legal materials. The results of the study indicate that: First, the regulation of the authority to execute BASYARNAS decisions is still dualistic between the District Court and the Religious Court, thus creating legal uncertainty. Second, the regulation of the execution of BASYARNAS decisions as stipulated in PERMA Number 14 of 2016 still refers to the provisions in Law Number 30 of 1999 which still regulates arbitration in general, this is very inconsistent with sharia principles, so that a regulation at the level of a law that specifically regulates sharia arbitration is very necessary.
How to Cite This Article
Febriawan Shadiq, Hirsanuddin, Muhaimin (2026). Authority to Implement the Execution of Decisions of the National Sharia Arbitration Board According to Indonesian Positive Law . International Journal of Judicial Law (IJJL), 5(3), 235-244. DOI: https://doi.org/10.54660/IJJL.2026.5.3.235-244