Journal of Legal and Cultural Analytics (JLCA)
Vol. 5 No. 3 (2026): August 2026

Divergent Judicial Reasoning on Collateral Enforcement in Islamic Financing Disputes: Balancing Creditor Recovery and Debtor Protection

Danar Harryasdito (Universitas Sebelas Maret)
Bambang Santoso (Universitas Sebelas Maret)
Kukuh Tejomurti (Universitas Sebelas Maret)



Article Info

Publish Date
31 Aug 2026

Abstract

This study examines divergent judicial reasoning in enforcing collateral in Islamic financing disputes and proposes a balanced framework reconciling creditor recovery with debtor protection. It qualitatively evaluates four concepts: default, collateral enforcement, proportionality, and Sharia-based fairness. Using normative legal research with statutory, conceptual, and comparative case approaches, the study analyzes two Indonesian Religious Court decisions alongside legislation, Supreme Court instruments, Sharia economic principles, and relevant legal scholarship, with materials observed up to August 2026. The findings show that differences in judicial reasoning arise from varying assessments of breach, procedural fairness, and the proportionality of collateral sales. The study argues that collateral enforcement should remain legally effective while requiring stronger judicial scrutiny to prevent disproportionate harm to debtors.

Copyrights © 2026






Journal Info

Abbrev

jlca

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Legal and Cultural Analytics (JLCA) , is a fully open access scientific peer-reviewed journal on all aspects of law and culture. It welcomes contemprorary and traditional legal articles as well as interdisciplinary work, and invites submissions from scholars, practitioners, ...