Electronic Mortgage Rights as a Form of Legal Modernization: A Review from the Maqāṣid al-Sharī‘ah Perspective

Abstract

The rapid development of digital technology has brought fundamental changes to the Indonesian legal system, including the mechanisms for registering and implementing mortgage rights. This modernization is realized through the implementation of Electronic Mortgage Rights (HT-el) as stipulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 5 of 2020, as a follow-up to Law Number 4 of 1996 concerning Mortgage Rights. The main objective of implementing this system is to increase efficiency, transparency, and legal certainty in land services. However, behind this progress, important questions arise regarding how this legal modernization can remain aligned with moral values, justice, and the welfare of the people from the perspective of maqāṣid al-sharī‘ah. This study uses a normative juridical method with a statutory, analytical, and conceptual approach. The results show that the digitalization of mortgage rights through HT-el is not only a technical innovation, but also a form of legal adaptation to current developments that is oriented towards the welfare (maslahah). The principles of hifz al-mal (protection of property) and hifz al-‘adl (upholding justice) are reflected in the guarantee of data security, service efficiency, and protection of the rights of the parties. Thus, the implementation of HT-el can be seen as a manifestation of legal modernization that prioritizes not only administrative effectiveness but also the values ​​of substantive justice and social welfare, as emphasized in the maqāṣid al-sharī‘ah.

Keywords: Electronic Mortgage, Legal Modernization, Maqasid al-Shariah