Karya Ilmiah
DISERTASI (337) - Kepatuhan Syariah Dalam pembuatan Akta Notaris Pada Bank Syariah
A notary (notaries) has the authority to make an authentic deed regarding
all actions, agreements, and stipulations required by laws and/or desired by the
interested parties to be stated in an authentic deed. With this authority, a notary
(notaries) mutatis mutandis is also authorized to make an authentic deed of
agreement/contract (akad) in Sharia Banking. However, there are several norms that
are usually applied in making contracts (akad) in Sharia Banking, which are not
regulated in the Law of Notary Position (UUJN), but a notary (notaries) must
comply with the provisions in making the Sharia Banking contract (akad). A Notary
(Notaries) in making a notarial deed must be able to take responsible for both from
the notarial aspect regulated in the Law of Notary Position (UUJN) but also must
be able to take responsible for the Sharia Compliance aspect. This is the object of
study in this dissertation research. This dissertation research uses a normative legal
research method, using a statutory approach, a conceptual approach, and a
comparative approach. The results of this dissertation research found that in making
an authentic deed based on a contract (akad) in Sharia banking, a notary (notaries)
must comply with the provisions as in the Law of Notary Position (UUJN) as well
as the applicable provisions in Sharia Banking and a notary (notaries) must be
responsible for compliance both from the aspect of the Law of Notary Position
(UUJN) as well as from the aspect of provisions in Sharia Banking.
Keywords: Notary, Authentic Deed, Sharia Banking, Responsibility,
Compliance
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