JURNAL HUKUM
Vol 41, No 3 (2025): Jurnal Hukum

Notarial Authority and Legal Accountability in Sharia Banking Contracts: A Doctrinal Study

Agung Iriantoro (Universitas Pancasila, Indonesia)



Article Info

Publish Date
14 Aug 2025

Abstract

The purpose of this study is to examine and analyze the role and responsibilities of notaries in drafting Islamic banking agreements. This study uses a doctrinal legal approach. The findings show that notaries have the authority to prepare authentic deeds for Islamic banking contracts. These deeds serve as strong legal evidence in resolving disputes in the context of Islamic banking. The responsibility of notaries in preparing Islamic banking agreements includes three legal aspects. First, under civil law, Article 84 of the Notary Law outlines the civil liability of notaries. Second, under administrative law, Article 85 of the Notary Law provides that if a notary makes an error when drafting a deed, they may be subject to administrative sanctions in accordance with the Notary Law and its implementing regulations. Third, in terms of criminal law, if a notary commits an act that constitutes a criminal offense as defined in the Criminal Code, they may face criminal sanctions accordingly. The study suggests that sharia training and certification for notaries should be made standard, especially for those involved in Islamic finance.

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Journal Info

Abbrev

jurnalhukum

Publisher

Subject

Religion Humanities Social Sciences

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International ...