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Freedom of Contracts and Dispute Settlement Between Conventional Banking and Sharia Banking

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  • Budiharto
  • Edy Sismarwoto

Abstract

Purpose: This study aims to investigate the freedom of contract in conventional and sharia banking interpreted as an event of signing a credit agreement that raises the rights and obligations of the parties. Design/methodology/approach: The research design was qualitative, and the method was conducted by using a normative juridical method on a philosophical approach. Findings: The results showed that based on some lawsuit cases, in the conventional banking agreement, the customer submits the law to the credit rules made by the banking system. In Islamic banking agreements, the bank and the customers resolve the dispute to the existing agreement schemes in the sharia economic legal system. The results also reveal the construction of values contained in the principle of freedom of contract in each banking agreement. Practical implications: This paper can be used by management and legal experts to identifying the differences in principle of freedom of contract in conventional and sharia banking as a measure of justice in civil agreements in business law. Originality: This paper originally highlight that differences in principles and mechanisms for contracting affect procedures in dispute resolution.

Suggested Citation

  • Budiharto & Edy Sismarwoto, 2020. "Freedom of Contracts and Dispute Settlement Between Conventional Banking and Sharia Banking," International Journal of Economics & Business Administration (IJEBA), International Journal of Economics & Business Administration (IJEBA), vol. 0(1), pages 285-291.
    • Handle: RePEc:ers:ijebaa:v:viii:y:2020:i:1:p:285-291
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    References listed on IDEAS

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    1. Mauro Guillén & Adrian Tschoegl, 2002. "Banking on Gambling: Banks and Lottery-Linked Deposit Accounts," Journal of Financial Services Research, Springer;Western Finance Association, vol. 21(3), pages 219-231, June.
    2. Irma Setyawati & Sugeng Suroso & Tulus Suryanto & Dini Siti Nurjannah, 2017. "Does Financial Performance of Islamic Banking is better? Panel Data Estimation," European Research Studies Journal, European Research Studies Journal, vol. 0(2A), pages 592-606.
    3. Patrick Imam & Kangni Kpodar, 2013. "Islamic Banking: How Has It Expanded?," Emerging Markets Finance and Trade, Taylor & Francis Journals, vol. 49(6), pages 112-137, November.
    4. Waspodo Tjipto Subroto, 2015. "Revitalization of Pancasila Economic System in the Globalization Era," International Journal of Economics and Financial Issues, Econjournals, vol. 5(4), pages 860-868.
    5. Chong, Beng Soon & Liu, Ming-Hua, 2009. "Islamic banking: Interest-free or interest-based?," Pacific-Basin Finance Journal, Elsevier, vol. 17(1), pages 125-144, January.
    6. Dodi Permana, 2017. "Toward the Best Model of Strategy Implementation in Indonesian Islamic Banking from the Lens of Strategic Clarity," European Research Studies Journal, European Research Studies Journal, vol. 0(4B), pages 3-15.
    7. Mervyn K. Lewis, 2001. "Islam and accounting," Accounting Forum, Taylor & Francis Journals, vol. 25(2), pages 103-127, June.
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    More about this item

    Keywords

    Contract; sharia economy; conventional banking; dispute settlement.;
    All these keywords.

    JEL classification:

    • K20 - Law and Economics - - Regulation and Business Law - - - General

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