In a relationship the world of business or the agreement, there is always the possibility or in other words a business transaction is potentially the onset of the problem, namely cross disputeCross disputes that need to be anticipated in the relationship of the world of business or agreement on how to carry out the clauses of the agreement, what the content of the agreement or due to other things beyond a doubt because circumstances force. According to the article the number one Law Number thirty Year on Arbitration and Altrnatif Settlement of the Dispute identifies that the Arbitration is a way of settling a civil dispute outside of the courts of general jurisdiction based on the arbitration agreement made in writing by the parties to the dispute. Subekti stated that arbitration is the completion or termination of the dispute by a judge or judges based on the agreement that the parties will be subject to or obey the decision given by the judge that they select. According to Rachmadi Usman Arbitration is a way of settling a dispute outside the institution of litigation or the judiciary which are held by the parties to the dispute, on the basis of an agreement or contract that they have held before or after a dispute occurs. The circuit breaker or arbiternya selected and determined by the parties to the dispute, with the task of menyelesaiankan any dispute between them. The Arbitration agreement is an agreement in the form of an arbitration clause that stated in a written agreement made by the parties before the dispute or an arbitration agreement made by the parties after dispute. As the provisions of the latest that set the arbitration institution, then the government issued Law Number thirty Year on Arbitration and Alternative Dispute resolution, on the date Twelve August which is intended to replace the regulations of arbitration institutions that are not in accordance anymore with the development of times and progress of international trade. The idea of the establishment of Arbitration Institutions of Islam in Indonesia, preceded by the meeting of experts, muslim scholars, legal practitioners, clerics and scholars to exchange ideas about the importance of arbitration institutions in Indonesia. This meeting is led by the Leadership Council of the Indonesian Ulama council (MUI) on the twenty-second of April. After holding several meetings and several times the refinement of the design and structure of the organization and procedure of proceedings at the twenty-third of October have been inaugurated Badan arbitrase Muamalat Indonesia (BAMUI) (source: Sumitro Principles of Islamic Banking and Related Institutions (BAMUI, Takaful and Capital market shari'ah in Indonesia) BAMUI when this has been renamed the Arbitration board of the National Sharia (BASYARNAS) are decided in a national Meeting of MUI in twenty.
Changes in the form and management of BAMUI the twenty-fourth of December twenty- stated in the DECREE of MUI No. Arbitration board of the National Sharia (BASYARNAS) is the only arbitration institution of Islam in Indonesia.
Formally the existence of this institution has a strong legal basis in the structure of Indonesian law. Legislation in Indonesia provides an opportunity for the parties to the dispute to resolve the dispute to an independent agency outside the court. It is regulated expressly in the Law No thirty Years of on Arbitration and Peyelesaian Alternative Dispute and Act No. forty-eight Years twenty- about the Power of Justice Article of the LAW of Power Justice stated that the efforts of the civil dispute resolution can be done outside state court through arbitration or alternative dispute resolution. Basyarnas is an institution that is suitable in resolving disputes banking and islamic finance, because the main objective of this institution is to resolve the dispute muamalat in the field of trade, finance, banking services etc in a fast and fair according to sharia principles.
