QUO VADIS OF RELIGIOUS COURT ON THE DEVELOPMENT OF SHARIA ECONOMIC LAW IN INDONESIA

This article aims to explore the development of sharia economic law in Indonesia. The deconstructive approach is used to describing the stages of that development either progressiveness or stagnancy. There are three progressiveness stages, namely initiative, formative and reformative. However, the roles of sharia court are in status quo position or stagnancy process which is caused by 1) the absolute competencies of sharia court is reduced by other rules. But this was done with Perma No. 14 Tahun 2016 about System of Sharia Economic Dispute Settlement. 2) The moral hazard of sharia banking with applying sulhu as a solution of dispute settlement would not reveal the root cause of sharia economic dispute. At the end, there is no jurisprudence that can be used as both evaluative references to developing of sharia economic law and preventive effort so that the same problem does not occur on other client or sharia banking.