The Transformation of Electronic Mediation: A Legal Innovation in the Sharia Economic Dispute Resolution

Abstrak

Mediation has gain traction as a tool of non-adversarial dispute resolution; it is more cost-efficient, time-saving, and feasible to extend access to justice. However tech-based mediation causes a more complex issues surrounding legal and ethical matters, particularly when applied to legal system based on normative and religious values, like sharia economy. This study aims to contribute theoretical and normative insights to electronic mediation (e-mediation) as a legal innovation for dispute resolution in sharia economy in the discourse of global law. This doctrinal law investigation used three approaches: legal approach, conceptual approach, and normative-comparative approach. The primary materials were laws and regulations and official documents concerning e-mediation and e-court, and data analysis was conducted with qualitative-normative legal analysis. The result showed that the transformation of conventional mediation to electronic mediation through the Supreme Court Regulation Number 3 of 2022 was a judiciary response to the challenges brough by digital disruption and the escalating sharia economy cases. Electronic mediation has expanded access to justice and offered efficient dispute resolution, particularly one involving business player and institutions. From the perspective of Islamic law, electronic mediation is legitimized by the principles of maqāṣid al-sharī‘ah, especially justice (ʿadālah), protection of property (ḥifẓ al-māl), volunteerism, peace, and public interests (maṣlaḥah), creating a normative and substantial alignment.

Kata kunci

• E-Mediation
• E-Court
• Information Technology.
• Sharia Economic Dispute