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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Muhamad Dadi Dwiono
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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CONSTITUTIONALITY ISSUES OF PARATE EXECUTION IN SHARIA ECONOMIC DISPUTES (CASE STUDY OF DECISION NUMBER 950/PDT.G/2019/PA.JP) Muhamad Dadi Dwiono; Sihabuddin; Siti Rohmah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 1 (2026): January - ON PROGRESS
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4449

Abstract

Parate execution is a mechanism of direct enforcement without prior judicial proceedings, as regulated under Article 6 of Law No. 4 of 1996 concerning Mortgage Rights. However, this mechanism often conflicts with Article 224 HIR/258 R.Bg, which requires execution through court execution by court fiat. This study examines the constitutionality of Article 6 in relation to Article 224 HIR/258 R.Bg, using Central Jakarta Religious Court Decision No. 950/Pdt.G/2019/PA.JP as the primary case study. It also analyses the concept of justice in Islamic law and Jeremy Bentham’s theory of legal utility. The findings reveal a normative conflict that creates legal uncertainty and undermines substantive justice, particularly in Sharia-based financing. Harmonisation between statutory law and Islamic legal principles is therefore necessary to achieve legal certainty and substantive justice.
Co-Authors Sihabuddin Siti Rohmah