Seizure of Collateral Against Disputed Objects in the Hands of Third Parties: A Comparative Analysis of Civil Law and Islamic Law Perspectives

Abstract

Background: In debt repayment cases, the seizure of collateral may become problematic when a third party claims ownership of the disputed object. This situation often occurs when the collateral is an undivided inheritance and the third party is an heir with legal rights over the seized property. Such conditions create legal uncertainty, delay execution, and complicate the enforcement process, especially when court decisions differ from the actual condition or boundaries of the asset.

Objective: This study aims to analyze the legal mechanisms governing the seizure of collateral over disputed objects held or claimed by third parties under Indonesian civil procedural law and Islamic law, particularly through the concepts of rahn and al-hajru.

Methods: This research uses a normative juridical approach with statutory, conceptual, and comparative legal analysis. Legal materials include primary sources such as HIR, RBg, and KHES, as well as secondary and tertiary sources collected through library-based research and analyzed descriptively and comparatively.

Results: The findings show that collateral seizure is regulated under Article 227 HIR/261 RBg and must be based on a court order. Third parties may protect their rights through derden verzet. In Islamic law, seizure is closely related to al-hajru, or restriction of property. The main obstacles include unclear asset boundaries, transfer of objects to third parties, and discrepancies between court orders and the actual condition of the assets.

Conclusion: Civil procedural law and Islamic law provide normative bases for collateral seizure; however, clearer regulatory frameworks are needed to strengthen third-party protection and ensure effective enforcement.