The Easta Journal Law and Human Rights
Vol. 4 No. 01 (2025): The Easta Journal Law and Human Rights (ESLHR)

A Juridical Review of Constitutional Court Decision No. 18/PUU-V/2007 on the Establishment of Ad Hoc Human Rights Courts in Indonesia

Saleha, Dwi (Unknown)
Firmanto, Fakhry (Unknown)
Kusumo, Indra Suryo (Unknown)
Kholis, Mohammad Nur (Unknown)



Article Info

Publish Date
31 Oct 2025

Abstract

This study provides a normative legal analysis of handling defaults in Sharia mortgage (KPR Syariah) contracts based on Fatwa DSN-MUI No. 17/DSN-MUI/IX/2000 concerning sanctions for customers who are able to pay but delay payment (ta’wil). The research aims to examine the conformity of Sharia-based mortgage default handling with Islamic legal principles and Indonesian national law. Using a normative juridical approach, this study analyzes primary legal materials including the DSN-MUI Fatwa, the Compilation of Sharia Economic Law (KHES), the Law on Sharia Banking, and Financial Services Authority (OJK) regulations. The findings indicate that default handling in Sharia mortgages should emphasize fairness, compassion, and the avoidance of riba (interest), while administrative sanctions can be applied to encourage payment discipline. The study also identifies the need for synchronization between DSN-MUI fatwas and national banking regulations to ensure both Sharia compliance and legal certainty. The results contribute to understanding the practical and doctrinal implications of Islamic financial law in Indonesia’s mortgage sector.

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Journal Info

Abbrev

eslhr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Associated with the Eastasouth Institute, the ESLHR - The Easta Journal Law and Human Rights is a three-times-a-year publication and aims to publish scientific papers on issues involving Law and Human Rights, from an interdisciplinary perspective, encouraging the dialogue with other areas of Law and ...