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ANALISIS KEPASTIAN HUKUM KREDITUR DAN KEADILAN DEBITUR DALAM PARATE EKSEKUSI HAK TANGGUNGAN: STUDI PUTUSAN NOMOR 7/PDT.G/2023/PN.YYK DITINJAU DARI MAQASID ASY-SYARI‘AH
The practice of executing mortgage rights through auctioning the collateral creates a conflict between legal certainty for creditors and protection of justice for debtors. Yogyakarta District Court Decision Number 7/Pdt.G/2023/PN.Yyk is the subject of this research because it contains the rejection of a lawsuit against the auction of mortgage execution filed by the debtor. The dispute arose from the auction of the collateral, which the creditor deemed to have complied with legal procedures, but was deemed detrimental to the debtor, particularly regarding the determination of the auction limit, which was deemed lower than the market value of the collateral. This research is a normative-empirical legal study using a statutory approach and a decision study. Data were obtained through literature review and interviews with judges at the Yogyakarta District Court. The analysis was conducted using descriptive qualitative methods using John Rawls's theory of substantive justice and Jasser Auda's theory of Maqāṣid ash-Sharī‘ah. The results of the study indicate that Decision Number 7/Pdt.G/2023/PN.Yyk has provided legal certainty for creditors through the recognition of the validity of the execution parate based on Article 6 of the Mortgage Law and the fulfillment of auction procedures according to the Minister of Finance Regulation Number 122 of 2023. The judge considered that the debtor was proven to be in default and the creditor had provided an opportunity for restructuring before the execution was carried out. The determination of the auction limit value was not carried out unilaterally by the creditor, but based on the results of an independent appraiser (KJPP) so that the auction procedure was considered legally valid. Based on the perspective of Maqāṣid ash-Sharī‘ah, the implementation of the auction reflects the protection of assets (ḥifẓ al-māl) and the protection of reason (ḥifẓ al-‘aql), because it was carried out rationally, transparently, and based on professional judgment. From the perspective of substantive justice, the losses experienced by the debtor were the result of the default committed by the debtor himself, so that the auction execution was a proportional legal consequence. Thus, the judge's considerations in the a quo decision have reflected a balance between legal certainty and substantive justice.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS KEPASTIAN HUKUM KREDITUR DAN KEADILAN DEBITUR DALAM PARATE EKSEKUSI HAK TANGGUNGAN: STUDI PUTUSAN NOMOR 7/PDT.G/2023/PN.YYK DITINJAU DARI MAQASID ASY-SYARI‘AH (Text)
ANALISIS KEPASTIAN HUKUM KREDITUR DAN KEADILAN DEBITUR DALAM PARATE EKSEKUSI HAK TANGGUNGAN: STUDI PUTUSAN NOMOR 7/PDT.G/2023/PN.YYK DITINJAU DARI MAQASID ASY-SYARI‘AH (Other)
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