Genesis Law and Social Sciences
Vol. 1 No. 2 (2025): November 2025

The Role of the Notary in Drafting Authentic Deeds for Syndicated Financing at Sharia Rural Bank Harta Insan Karimah Parahyangan, Indonesia

Ghadamfar Muflih Idroes (Master of Notarial Law, Faculty of Law, University Syiah Kuala, Banda Aceh 23111, Indonesia)
Yanis Rinaldi (Lecturers, Faculty of Law, University Syiah Kuala, Banda Aceh 23111, Indonesia)
Ika Susilawati (Lecturers, Faculty of Law, University Syiah Kuala, Banda Aceh 23111, Indonesia)



Article Info

Publish Date
19 Nov 2025

Abstract

Sharia syndicated financing refers to the distribution of a large amount of funds by several financial institutions to a single debtor, involving many parties and complex agreements. In this arrangement, the notary plays a vital role as the official authorized to draw up authentic deeds in order to guarantee legal certainty and legal protection. However, explicit regulations are lacking concerning the role, authority, and responsibilities of notaries, particularly in syndications between Islamic Financial Institutions and conventional financial institutions. Existing regulations remain general and do not specifically address the execution of notarial duties in such contexts, leading to potential invalidity of deeds and increased risks of legal liability. This study aims to explain the role of the notary in drafting authentic deeds for syndicated financing at PT. BPRS Harta Insan Karimah Parahyangan and to identify obstacles and solutions in its practice. The research adopts a juridical-empirical method with a statutory approach, employing literature review and interviews. The results show that the notary not only drafts the deed, but also serves as a legal advisor and formulates the structure of agreements in accordance with positive law and Sharia principles. The obstacles encountered include the need for Sharia certification, the complexity of documents, time and human resource constraints. Solutions include enhancing notarial competence, applying prudential principles, and improving the quality of human resources. It is recommended that the government formulate a national guideline for Sharia syndicated financing and that notaries continue to develop their expertise in this field.

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Journal Info

Abbrev

glass

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Subject

Description

Genesis Law and Social Sciences (GLASS) is dedicated to providing a dynamic and inclusive platform for researchers, scholars, and professionals to exchange groundbreaking ideas, theoretical advancements, and empirical research in the diverse and evolving fields of social sciences. The journal ...