Correlation of the Civil Code and Human Right Regarding Debt Dipute Settlement Analysis of the Concept of Walfare and Justice in Islamic Law

Authors

  • Fajariah Fajariah Institut Agama Islam Darussalam Martapura

DOI:

https://doi.org/10.18592/jils.v9i2.17845

Abstract

Debt disputes are common issues in social life and encompass both civil law and human rights dimensions. The Indonesian Civil Code (KUHPerdata) provides a normative legal framework for resolving such disputes, while Law No. 39 of 1999 on Human Rights emphasizes the protection of individual dignity and rights, including the right to fair treatment in legal proceedings. However, in practice, the resolution of debt disputes often overlooks substantive justice and humanitarian considerations, particularly for debtors who are in vulnerable financial situations. This study aims to analyze the correlation between the Civil Code and human rights in the context of debt dispute resolution, and to explore alternative solutions through Islamic legal approaches that emphasize the principles of public interest (maslahah) and justice (‘adl). The research method used is normative legal research, employing both statutory and conceptual approaches. The findings reveal that Islamic law offers a more holistic paradigm for dispute resolution, taking into account the social and moral conditions of the parties involved, without neglecting their legal rights and obligations. A resolution model based on maslahah and ‘adl not only provides legal justice, but also promotes humanity, empathy, and sustainable solutions.

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Published

2025-07-23