Notaris: Pembuatan Akad Syariah Pada Sertifikasi Kompetensi Syariah Di Perbankan Syariah

In the context of sharia banking, the role of notaries is very crucial. The ideal sharia notary does not just make deeds, but also understands in depth the principles of sharia economic law that underlie every contract. However, in Islam, there are things that must be fulfilled according to sharia so that there is a lot of understanding for Muslim and non-Muslim notaries to understand this which can result in misunderstandings in making the Deed. This is caused by the notary's lack of understanding of the sharia principles that underlie sharia banking contracts. As a result, the contract made may contain legal defects and be detrimental to the parties. In the current sharia banking industry, notaries play an important role in making contract deeds and binding guarantees, especially in terms of mortgage and fiduciary rights. This research aims to examine the legal framework that regulates sharia competency certification for notaries in making sharia contracts in sharia banking and how urgent is the competency certification for notaries in making sharia contracts in sharia banking. Through a normative juridical approach, this research analyzes relevant laws and regulations, including the Notary Position Law and the DSN-MUI fatwa. The research results show that although there are no regulations that explicitly require certification, sharia principles and the objectives of sharia banking themselves require special competence for notaries who handle sharia contracts. This research provides recommendations regarding the development of more comprehensive regulations regarding sharia competency certification for notaries.

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Publication Details

Journal
Widya Yuridika
Published
2025-09-04
DOI
https://doi.org/10.31328/wy.v8i2.6433
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Notaris: Pembuatan Akad Syariah Pada Sertifikasi Kompetensi Syariah Di Perbankan Syariah

Nynda Fatmawati Octarina, Rahman Suwondo
Widya Yuridika
Islamic Finance and Banking Studies
article

Notaris: Pembuatan Akad Syariah Pada Sertifikasi Kompetensi Syariah Di Perbankan Syariah

Nynda Fatmawati Octarina, Rahman Suwondo
article en

Abstract

In the context of sharia banking, the role of notaries is very crucial. The ideal sharia notary does not just make deeds, but also understands in depth the principles of sharia economic law that underlie every contract. However, in Islam, there are things that must be fulfilled according to sharia so that there is a lot of understanding for Muslim and non-Muslim notaries to understand this which can result in misunderstandings in making the Deed. This is caused by the notary's lack of understanding of the sharia principles that underlie sharia banking contracts. As a result, the contract made may contain legal defects and be detrimental to the parties. In the current sharia banking industry, notaries play an important role in making contract deeds and binding guarantees, especially in terms of mortgage and fiduciary rights. This research aims to examine the legal framework that regulates sharia competency certification for notaries in making sharia contracts in sharia banking and how urgent is the competency certification for notaries in making sharia contracts in sharia banking. Through a normative juridical approach, this research analyzes relevant laws and regulations, including the Notary Position Law and the DSN-MUI fatwa. The research results show that although there are no regulations that explicitly require certification, sharia principles and the objectives of sharia banking themselves require special competence for notaries who handle sharia contracts. This research provides recommendations regarding the development of more comprehensive regulations regarding sharia competency certification for notaries.

Widya YuridikaVol. 8(2)
Universitas Narotama (ID)
Openalex Percentile: Top 65%
Islamic Finance and Banking Studies
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