Utami, Alfiya (2025) THE RELEVANCE OF SUPREME COURT DECISION NUMBER 881 K/AG/2020 ON CESSIE DISPUTE WITH MAQASID SHARI’AH. S2 Masters thesis, Universitas Darussalam Gontor.

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Abstract

Customer dissatisfaction with debt transfers through cessie in Islamic banking often leads to legal disputes, as seen in Supreme Court Decision No. 881 K/Ag/2020. While cessie is recognized in positive law, it remains debated in Islamic law, particularly concerning transparency and the protection of customer rights. The misalignment of cessie practices with maqa>s}id shari>’ah, especially in justice and public welfare, is a critical issue that requires further examination. This research aims to analyze the conformity of Supreme Court Decision No. 881 K/Ag/2020 with the principles of maqa>s}id shari>’ah and its impact on customer rights protection and Islamic banking practices. The findings of this research are expected to provide a clearer understanding of the application of Islamic law in resolving disputes within the Islamic economic system. This research is a descriptive qualitative study employing a normative juridical approach to examine court decisions on cessie disputes based on Islamic economic law. The focus of this study is the application of maqa>s}id shari>’ah principles through a review of regulations, court rulings, and academic literature, including books and articles. Data collection is conducted through literature studies, document analysis, and documentation. The collected data is analyzed using an inductive descriptive content analysis approach to identify the application of maqa>s}id shari>’ah and to conclude theoretical triangulation. Decision Number 881 K/Ag/2020 confirms the validity of the cessie conducted by Defendants I and II, aligning with Sharia law principles. The transfer of receivables is classified as h}awa>lah without requiring i>ja>b and qabu>l. The Plaintiff's compensation claim was dismissed due to insufficient evidence of financial loss, while the judge allowed the Plaintiff to repay the remaining debt. This decision upholds maqa>s}id shari>’ah principles, including justice, protection of rights, and harm prevention, while also ensuring legal certainty in transactions. Additionally, it reinforces the creditor's duty to return collateral once the debt is settled and prevents unwarranted financial claims, serving as a benchmark for the fair application of cessie in accordance with maqa>s}id shari>’ah. This research also suggests that Islamic banking should enhance education for customers, broaden judges' understanding of maqa>s}id shari>’ah, and increase public awareness of sharia-compliant financial transactions.

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