Sengketa Ekonomi Syariah di Pengadilan Agama: Analisis Keadilan Kontraktual Berbasis Pancasila dan Islamic Sociological Jurisprudence Theory

Abstract

The growth of Islamic economics in Indonesia, marked by total Islamic banking assets reaching IDR 980.30 trillion in 2024, has been followed by an increasing number of Islamic economic disputes adjudicated by the Religious Court (Pengadilan Agama) under Law Number 3 of 2006. However, dispute resolution practices reveal a serious gap between the existing normative framework and the quality of judicial decisions, evidenced by the dominance of murabahah disputes at 21.88%, the high proportion of cases without explicit contract identification at 28.13%, and the low formal mediation success rate of 12.5%. This study aims to analyze the construction of contractual justice in Islamic economic disputes through the integration of Pancasila values and the Islamic Sociological Jurisprudence Theory developed by Ahmad Muhamad Mustain Nasoha. Using normative legal research with library research, statutory, and conceptual approaches, this study produces three main findings. First, there is a structural gap between the Religious Court's broad formal jurisdiction and its decisions that have not fully reflected substantive justice. Second, genuine contractual justice is multidimensional, encompassing commutative, distributive, and social dimensions rooted in maqasid al-syariah and aligned with the fifth principle of Pancasila on Social Justice. Third, Islamic Sociological Jurisprudence, with its three pillars of cross-madhhabic integration, Islamic law contextualization, and maqasid orientation, offers a reconstructive framework for judicial rechtsvinding that transcends legal formalism toward substantive justice. This study recommends standardization of Islamic contracts, codification of Islamic economic procedural law, and strengthening of judge certification programs.