Since Constitutional Court Decision No. 93/PUU-X/2012, jurisdiction over sharia economic disputes has been consolidated within the Religious Courts (Peradilan Agama), with limited exceptions. Practitioners still frequently mis-file.
Forum by dispute type
- Sharia banking contract disputes — Religious Courts, unless the parties chose arbitration (typically BASYARNAS) in writing.
- Executable-title enforcement — Religious Courts have execution jurisdiction; parallel filings in the general commercial courts remain a common error.
- Bankruptcy of a sharia debtor — Commercial Court retains jurisdiction, subject to sharia-compliant treatment of specific claim categories.
Choosing the wrong forum can defer resolution by 12–24 months. Our Commercial Litigation team represents both banks and customers in sharia banking disputes at trial and appellate levels.