Putri Amelia
Syiah Kuala University

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VALIDITY OF SHARIA DEEDS MADE BY NON-MOSLIM NOTARIES ACCORDING TO QANUN OF SHARIA FINANCIAL INSTITUTIONS Putri Amelia
Syiah Kuala Law Journal Vol 7, No 2: Agustus 2023
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/sklj.v7i1.31220

Abstract

This study aims to find out and analyze the position of non-Muslim notaries in the Qanun of Islamic Financial Institutions (LKS) and the Fulfillment of Sharia Principles in Sharia Financing Contracts by Non-Muslim Notaries. Qanun No. 11 of 2018 concerning Islamic Financial Institutions (LKS) requires all financial institutions to implement the sharia system by 2020. With the enactment of the Qanun for Islamic Financial Institutions (LKS) in Aceh, all arrangements and making of the deed must be made based on Islamic law. The normative legal research method is also commonly called doctrinal legal research or library research. It is called doctrinal legal research because this research is only aimed at written regulations. Based on the results of the study it is known that non-Muslim notaries in making sharia deeds in the process of making them must be in accordance with the Law on the position of a notary so that the deed remains an authentic deed or has perfect proof and provides legal certainty to people who need perfect proof. So, if the sharia deed is based on the notary's office law and if we look at the authority of a non-Muslim notary who has the authority to make a sharia deed, then the legal position of the deed made by a non-Muslim notary is still an authentic deed or has perfect proof and the notary as a public official has given legal certainty to people who need perfect proof.