Implementing Accessibility Principles in Alternative Dispute Resolution for Sharia Economic Disputes in Indonesia

: The growth of Sharia-based businesses in Indonesia has prompted both bank and non-bank financing institutions to adhere to Sharia principles, establishing a framework of rights and obligations with consumers. Imbalances in this relationship occasionally result in defaults, leading to dispute resolution through litigation and alternative methods. This research, utilizing a normative approach, specifically delves into the accessibility principle within alternative dispute resolution (ADR) for Sharia economic disputes in Indonesia. Accessibility, a pivotal ADR tenet, is examined in the context of Basyarnas (National Sharia Arbitration Board), where its effectiveness relies on information and understanding levels between consumers and Sharia financial institutions. Basyarnas-MUI emerges as a potential community choice for Sharia dispute resolution, with envisioned enhanced accessibility through regional representative offices. Conversely, challenges in accessibility are noted in APS Institutions under OJK auspices, impeding public participation. Mandatory mediation in disputes adjudicated by religious courts offers an accessible avenue for dispute resolution. However, persistent obstacles exist in implementing the accessibility principle for alternative Sharia economic dispute resolution in Indonesia, particularly concerning constraints on out-of-court dispute resolution governed by standard contracts for economic activities


Introduction
The surge of Sharia-based businesses in Indonesia has influenced both bank and non-bank financing institutions to operate in line with Sharia principles.The growth of Islamic banks up to 2011 indicates a significant institutional increase, encompassing 11 Sharia Commercial Banks (BUS), 23 Sharia Business Units (UUS), and 146 Sharia People's Financing Banks (BPRS), reaching 89 districts/cities in 33 provinces.As of 2019, approximately 189 Sharia banks, including 14 Sharia Commercial Banks (BUS), 20 Sharia Business Units (UUS), and 164 Sharia People's Financing Banks (BPRS), operate in Indonesia. 1 However, despite the growing number of Sharia financial institutions, especially Sharia banking, the demand for Sharia financial products remains low, with Sharia financial inclusion at only 9.1% (OJK National Survey of Financial Literacy, 2019). 2 Sharia economic institutions also extend to Sharia insurance, with seven Sharia life insurance companies and 23 Sharia units, along with five Sharia general insurance companies and 24 teams reported in 2021.The total number of insurance and reinsurance companies in Indonesia is expected to reach 62 by 2021.Despite consistent asset growth in the last five years, reaching IDR 41.91 billion in 2019, the market share based on Islamic principles is only 6.6%, with the majority held by conventional insurance. 3he proliferation of Sharia-based economic activities has led to an increase in treatment for conflicting parties. 8he principle of accessibility in alternative dispute resolution institutions is crucial for consumer access, requiring an easily accessible dispute resolution service scheme, effective communication strategies, and enhanced consumer understanding of the resolution process. 9The research aims to explore the application of the accessibility principle in the alternative resolution of Sharia economic disputes in Indonesia and identify obstacles in its implementation.

Literature Review Accessibility Principles
Article In evaluating Sharia economic disputes, judges must consider the quality of contracts, which serve as the primary source of law in Sharia economics.They assess compliance with the pillars of a valid contract, including adherence to principles of freedom, equality, fairness, honesty, truth, and the avoidance of elements contrary to Islamic law such as vile, gharar, and usury in all forms. 17

Method
This study adopts a normative legal research approach, aiming to uncover dogmatic legal truths through secondary data analysis from a positive perspective (Das Solen).The research employs both statutory regulation and conceptual approaches, relying on qualitative methods for data analysis.Normative legal research perceives law as written norms or regulations established by authoritative institutions.Data collection involves document or library material study, while the analysis utilizes qualitative methods.Secondary data form the basis of this research, presented in a descriptive analysis report.The illustrative nature of this study aims to offer a comprehensive and systematic overview of legal principles, rules, doctrines, and statutory regulations relevant to the research topic.

Resolution through Basyarnas
Established by the Indonesian Ulema Council (MUI), Basyarnas aims to provide fair and swift resolutions in civil disputes related to trade, industry, and finance.It operates based on Islamic law and national law, ensuring harmony between the two.Accessibility to Basyarnas is contingent on information levels between consumers and Sharia financial institutions, emphasizing consensus and written agreements.While Basyarnas-MUI has representative offices in 20 provinces, challenges persist in reaching all regions, affecting community accessibility.The institution resolves disputes through arbitration, guided by Law No. 30 of 1999.Despite using its procedural regulations, adherence to national law and Islamic law remains crucial.

Religious Courts as an Option
Sharia economic disputes fall under the authority of Religious Courts, handling cases between financial institutions, financing institutions, and their customers.The courts play a holistic role, serving law and justice, enforcing regulations, and restoring peace.Civil procedural law applies, differentiating between simple and ordinary procedures.Mediation procedures, mandated by Supreme Court Regulation No. 1 of 2016, are offered to parties before reading the lawsuit.In the case of banking disputes, parties must engage in good faith mediation, cooperating with mediators and attending scheduled meetings. 19

Obstacles in Applying the Principle of Accessibility in Alternative Settlement of Sharia Economic Disputes in Indonesia
While alternative dispute resolution methods, such as Sharia arbitration, offer an alternative to litigation in resolving economic disputes, applying the principle of accessibility faces challenges in Indonesia.The prevalence of standard contracts and unequal bargaining positions between financial institutions and customers, coupled with limited awareness and accessibility of arbitration institutions like Basyarnas, contribute to obstacles in implementing accessible and fair dispute resolution.

Challenges in Standard Contracts
Standard agreements, serving as benchmarks for legal relationships between consumers and business actors, present an inherent challenge.These agreements, which dictate terms and resolutions in case of disputes, often result in unequal bargaining positions.The principle of "take it or leave it" leaves customers with limited choices, significantly affecting the less dominant party, i.e., the customer.The absence of negotiation power in these agreements undermines the principle of freedom of contract. 20ble 4. challenges in standard contracts:

Unequal Bargaining Positions
Customers often face a disadvantage in negotiations.
Limited choices for customers, promoting a "take it or leave it" approach.

Limited Negotiation Power
Customers have restricted ability to negotiate terms.
The less dominant party, usually the customer, is adversely affected.

Impact on Freedom of Contract
The principle of freedom of contract is compromised.

Standard agreements restrict the ability to freel
This table 4 outlines the challenges associated with standard contracts, emphasizing the impact on bargaining positions, negotiation power, and the fundamental principle of freedom of contract.

Dispute Resolution Clauses
Within standard agreements, dispute resolution clauses play a pivotal role in determining the resolution method for potential disputes.The freedom of parties to choose a resolution forum is fundamental, and well-drafted clauses can maintain good relations and business continuity.However, challenges arise when disputes can only be Markets," Economic Theory 75, no. 2 (2023), https://doi.org/10.1007/s00199-022-01417-5.resolved through specific institutions, such as Basyarnas or religious courts.The principle of freedom of contract is compromised when parties are bound to predetermined resolution forums. 21

Freedom of Contract
Parties may have limited freedom to choose a resolution forum in case of disputes.
The freedom of parties to choose a resolution forum is restricted, impacting their autonomy in contract negotiations.

Challenges in Business Relations
Difficulties may arise in maintaining good relations and business continuity.
Well-drafted dispute resolution clauses are essential for preserving relationships; limitations may lead to challenges in business relations.
Based on Table 5 Dispute resolution clauses often limit parties to specific forums like Basyarnas or religious courts, restricting their contractual freedom and potentially straining business relations.This highlights the need for well-drafted clauses to maintain continuity and relationships.

Legal Basis and Jurisdiction
The legal basis for resolving Sharia economic disputes adds complexity.

Lack of Socialization and Awareness
There is a deficiency in public awareness and understanding of Basyarnas.
The absence of knowledge about Basyarnas hinders its acceptance and utilization as an accessible Sharia arbitration institution.

Need for Expansion and Awareness Campaigns
Overcoming these challenges necessitates expanding Basyarnas' geographic reach and implementing effective awareness campaigns.
Expanding the institution's presence and increasing public awareness are crucial steps for improved accessibility.
Based on Table 7, Basyarnas faces challenges due to limited geographic presence and low public awareness, affecting accessibility and utilization.Expanding its reach and increasing awareness are essential for improving its effectiveness.The principle of accessibility in Sharia economic dispute resolution in Indonesia faces challenges, including standard contracts with unequal bargaining, problematic dispute resolution clauses, and limited awareness of institutions like Basyarnas.To improve accessibility, it is crucial to reevaluate agreements, promote alternative dispute resolution options, and expand arbitration institutions' reach.Addressing these issues is essential for a fair and efficient dispute resolution process.

Conclusion
In conclusion, the application of the principle of accessibility in alternative Sharia economic dispute resolution in Indonesia involves several key components, including accessibility to Basyarnas, APS Institutions under the auspices of the OJK, and mediation in court.However, the current landscape presents challenges that hinder effective accessibility and may impact the resolution of disputes outside the court system.
The presence of Basyarnas-MUI, with representative offices in 20 provinces, indicates a significant step towards accessible dispute resolution.However, the limited coverage poses a challenge, and efforts should be made to expand its reach to ensure broader accessibility for communities across Indonesia.A representative office in each region could substantially enhance the level of accessibility and understanding among the public, particularly customers and Sharia financial institutions.
APS Institutions under the OJK play a crucial role in alternative dispute resolution.Nevertheless, issues related to the difficulty of public access, especially due to the concentration of offices in Jakarta, and challenges with the implementation of mandated websites need to be addressed.Transparency and proper functioning of these websites are essential for providing accurate information to the public.
In disputes resolved through religious courts, mediation is mandated, providing an alternative path for dispute resolution.This highlights the importance of mediation in the overall accessibility framework.The judge's role in offering mediation directly contributes to the accessibility of parties involved in the dispute.
Despite these positive aspects, obstacles persist, particularly in the prevalence of standard contracts in economic activities involving financial institutions.Unequal bargaining positions may limit the freedom of parties to choose dispute resolution methods.This necessitates a reevaluation of standard contracts to foster fairness and empower customers with legal options.
In light of the identified challenges, it is imperative to implement the recommendations outlined earlier.These recommendations focus on expanding the reach of dispute resolution institutions, improving public awareness, enhancing legal options for customers, and fostering collaboration among stakeholders.By addressing these aspects, Indonesia can build a more accessible and inclusive framework for alternative Sharia economic dispute resolution, ensuring fair and efficient resolution processes for all parties involved.

Declaration of Competing Interest
The authors declare no competing interests related to this study.No financial or personal conflicts of interest are present.

Table 1 outlines
Basyarnas, a dispute resolution body established by MUI for trade, industry, and finance.It harmonizes Islamic and national law.

Table 2
19 Erie Hariyanto, "Public Trust in the Religious Court to Handle Dispute of Sharia Economy," Ahkam: Jurnal

Table 3 .
Religious Courts as an Option

Table 5 .
Dispute Resolution Clauses Challenges

Table 7 .
Geographical and Cultural Challenges