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ANALISIS STANDAR WANPRESTASI SEBAGAI ALASAN EKSEKUSI HAK TANGGUNGAN SENGKETA EKONOMI SYARIAH (STUDI PUTUSAN-PUTUSAN PENGADILAN AGAMA BANTUL)
This study examines the determination of default (wanprestasi) as the legal basis for the execution of mortgage rights (hak tanggungan) in Islamic economic disputes before the Bantul Religious Court. The research is motivated by the absence of detailed operational standards for determining default in Islamic financing cases. Although the Indonesian Civil Code generally regulates default and Law Number 4 of 1996 on Mortgage Rights provides that execution may be carried out when the debtor is in breach of contract, these provisions do not offer clear technical parameters regarding the level of debtor negligence required to constitute default and to justify the execution of mortgage rights. This research is an empirical legal study employing a juridical-empirical approach. Data were obtained through semi-structured interviews with a judge of the Bantul Religious Court and through document analysis of twelve court decisions issued between 2019 and 2024. The findings indicate that the determination of default in the Bantul Religious Court decisions reflects three main patterns of judicial reasoning: a formalistic pattern emphasizing administrative evidence such as contracts and arrears; a moderate-procedural pattern that considers formal notices (somasi) as an indicator of negligence; and an integrative pattern that takes into account payment history, communication between the parties, and the debtor’s good faith. This study also finds that the execution of mortgage rights is not always automatically enforced following a default judgment, as disputes are often resolved through familial or amicable settlement after the decision is rendered. Based on these findings, the study formulates that the ideal standard of default as the basis for executing mortgage rights in Islamic economic disputes should be gradual and integrative, encompassing the clarity of contractual obligations, lawful proof of negligence, formal notice as a reasonable opportunity, assessment of good faith, and the placement of execution as an ultimum remedium, in line with the principles of justice in muamalah. Keywords: Standard of Default, Execution of Security Rights, Decisions of the Bantul Religious Court
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS STANDAR WANPRESTASI SEBAGAI ALASAN EKSEKUSI HAK TANGGUNGAN SENGKETA EKONOMI SYARIAH (STUDI PUTUSAN-PUTUSAN PENGADILAN AGAMA BANTUL) (Text)
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