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All Journal Jurnal Akta MILRev: Metro Islamic Law Review
Muhammad Dias Saktiawan
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Strength Of Evidence Of Deed Made Under Hands Connected With The Authority Of Notary Legalization And Waarmerking Based On Act No. 30 Of 2004 On The Notary Position Muhammad Dias Saktiawan; Arif Hijrah Saputra; Ngadino Ngadino
Jurnal Akta Vol 7, No 1 (2020): March 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i1.8299

Abstract

This study aims to determine the strength of the deed made under hand as evidence in court, and is there a function legalization and Waarmerking the deed made under hand can provide additional strength of evidence in court. Focused on the research objectives, the formulation of the problem is as follows: First, What is the function of the legalization and Waarmerking deed made under hand in evidence during the trial Court? Second, Do deed made under hand on legalization and in Waarmerking by notaries can be canceled by a judge in court?The research method used is the method of juridical-normative approach. Specifications in this research is descriptive analytical. The data collection method used in this research is secondary data in the form of primary legal materials that legislation, secondary law namely literature, scientific papers, and tertiary legal materials namely legal materials that support primary legal materials and secondary law. While the methods of data analysis using qualitative data analysis.The results showed Legalization and Waarmerking function on deed made under the hand give assurance to the judge about the date, signature, identity of the parties to the agreement, thus helping to judge in terms of proof. Deed made under hand on Legalization and in Waarmerking by notary can be canceled by a judge even though the task of the judge in the case only to share the burden of proof to prove, but ex officio judge can not cancel a deed if not requested cancellation. This is because judges are not allowed to decide unsolicited, so as a deed can be canceled if it does not meet the elements of subjective and objective elements.Keywords: Legalization; Deed; Notary.
Harmonizing Contemporary International Commercial Law with Sharia-Based National Legal Systems: A Comparative Study of Pakistan, Turkey, Indonesia, Malaysia, and Saudi Arabia Muhammad Azam; Anis Mashdurohatun; Angga Nugraha Firmansyah; Muhammad Dias Saktiawan; King On Putra Jaya
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11334

Abstract

This study examines the harmonization of International Commercial Law (ICL) with Sharia-based national legal systems in five member states of the Organization of Islamic Cooperation (OIC): Pakistan, Turkey, Indonesia, Malaysia, and Saudi Arabia. These countries were deliberately selected for their diverse legal traditions, varying levels of economic development, and differing degrees of Sharia implementation within their domestic legal orders. Using a qualitative-comparative approach, the research draws on academic literature, national legal documents, and relevant international legal instruments to analyze the interaction between global commercial norms and Islamic legal principles. The analysis identifies thematic trends, methodological approaches, and significant findings from previous scholarship on the intersection of ICL and Sharia. The findings reveal divergent trajectories: Malaysia and Turkey have successfully integrated ICL provisions into their domestic frameworks through institutional reforms and adaptive jurisprudence. In contrast, Pakistan and Saudi Arabia face persistent conceptual and normative challenges, particularly in reconciling modern commercial practices with strict interpretations of Sharia. Indonesia represents a hybrid model, blending secular legal norms with religious values to produce a contextually balanced system. By mapping these comparative experiences, this study contributes to the discourse on legal pluralism and provides insights for policymakers and scholars seeking to develop context-sensitive models for integrating transnational commercial law into modern Islamic legal systems.
Co-Authors Angga Nugraha Firmansyah Anis Mashdurohatun Arif Hijrah Saputra King On Putra Jaya Muhammad Azam Ngadino Ngadino