%A NIM.: 23203011218 Anna Sayyida Sya’bani, S.H.
%O Dr. Saifuddin, SHI., MSI.
%T DISPARITAS PUTUSAN PENGADILAN AGAMA DALAM EKSEKUSI JAMINAN HAK TANGGUNGAN AKAD MURABAHAH (PERSPEKTIF TEORI KEADILAN)
%X Law enforcement in Indonesia continues to be marked by
disparities in the application of justice principles, particularly in
murabahah financing cases involving the execution of mortgage
guarantees in religious courts. The public is often faced with the reality
that legal decisions tend to prioritize legal certainty over substantive
justice. In the context of religious courts, especially in sharia economic
cases, disparities in judicial decisions frequently arise, directly affecting
the protection of rights and the sense of justice for those seeking legal
redress.
This research is a qualitative study employing a philosophical
approach, using John Rawls’ theory of justice as the main analytical
framework. The primary data is derived from religious court rulings
concerning the execution of guarantees in murabahah contracts,
examined in depth through document study and content analysis.
Additionally, secondary sources such as books, academic journals, and
relevant regulations were utilized. This study analyzes how judges
consider the principle of justice in making decisions and how John
Rawls’ principles can be implemented in the context of Islamic economic
law.
The findings reveal differences in preference and legal reasoning
among judges in resolving cases related to the execution of guarantees
in murabahah contracts. Some rulings tend to reflect distributive justice
by considering the property rights of third parties, while others
emphasize formal legal procedures. This inconsistency highlights the
need to strengthen the understanding of justice theory among judges, so
that decisions not only meet legal formalities but also reflect a
substantive sense of justice for all parties involved.
%K Disparitas Putusan, Teori Keadilan, Eksekusi Jamianan,
Akad Murabahah
%D 2025
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib71158