Alternatif Penyelesaian Sengketa Wanprestasi dalam Perjanjian Jual Beli Boot Semi Container di Any Tea Jombang Menurut Hukum Islam

Abstract

The development of the era with the influence of default or better known as broken promises makes alternative methods one of the choices to reduce the costs given in the dispute resolution process. This study examines alternative dispute resolution for default in the sale and purchase of semi-container booths at Any Tea Jombang according to Islamic law.The method applied by islah in creating peace in disputes includes the implementation of obligations and avoidance of prohibitions, placing everything according to its function, applying the principles of justice, forgiveness, and sending a message of peace.The method used is a juridical-empirical legal research with a case study approach. Data were obtained from interviews and literature studies. The results show that Islamic law encourages peaceful resolution through mediation. The study also identifies important factors in the application of settlement, and recommends including a settlement clause in the sale and purchase agreement.The results of this study are that the dispute process can be resolved using the mediation system and the islah system in the process, so that the cancellation of the contract does not occur and the sale and purchase process continues by fulfilling the pillars and conditions. In Islamic law, the mediation system is better known as islah, which is the process of achieving peace, so that the islah method is used in the alternative dispute resolution system, so that successful mediation or islah can "restore" a contract that was previously threatened with cancellation due to default.