MENEGAKKAN PRINSIP SYARIAH DALAM SENGKETA LELANG AGUNAN STUDI PUTUSAN MAHKAMAH AGUNG NO. 342 K/AG/2025

Abstract

This research is motivated by the problematic application of sharia principles to economic disputes, particularly regarding the auction of collateral for sharia financing, as reflected in Supreme Court Decision Number 342 K/Ag/2025. This case arose when Konis Widarti, as a debtor, sued Bank Syariah Indonesia (BSI) and the Malang KPKNL (National Land Agency) for the auction of collateral, land with a land title number 594 in Prigi Village, Watulimo District, Trenggalek Regency. The plaintiff argued that she was a compliant debtor and that the auction was unlawful, as it violated the principles of justice and mutual assistance in sharia financing. However, the Trenggalek Religious Court, the Surabaya High Religious Court, and the Supreme Court declared that the auction process complied with the mortgage agreement and statutory provisions. The research method used was a normative juridical approach, analyzing court decisions. This study examines the alignment of judges' considerations with Sharia principles in resolving financing disputes, as well as the harmony between positive law and Islamic law in the practice of collateral auctions by Islamic banks. The results indicate that judges' considerations are more oriented towards formal legal aspects based on mortgage agreements and positive law provisions, while substantive Sharia justice values such as 'adl (justice) and maslahah (benefit) receive less attention. This has implications for the potential imbalance between legal certainty and justice for customers in Sharia economic disputes. Therefore, this study recommends the need for an integrative approach between positive law and Sharia principles in enforcing Islamic economic law, so that the goals of just and ethical Sharia financing can be achieved.