Observing Notarial Gross Deeds in Syariah banking: Can this be Done?

Adjie, Habib (2019) Observing Notarial Gross Deeds in Syariah banking: Can this be Done? International Journal of Innovation, Creativity and Change, 10 (3). pp. 350-360. ISSN 2201-1323

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Abstract

Article 1, Number 11 of the UUJN says that a gross deed is a copy of a deed for debt acknowledgement.The heading is‘PRO JUSTICE UNDER THE ONLY GOD’, which has an executory power. It is strict and clear that a gross deed is only given to a bank or to a private person for debt acknowledgement. The term ‘debt acknowledgement’ only exists for conventional banking. Syariah banking does not recognise the term ‘debt acknowledgement’, it only acknowledges the term ‘financing’. As it is unable to be interpreted differently, Syariah banking, in respect of financing, uses‘Murabahah Agreement (Akad Murabahah)’.In the event that such aforesaid financing is drawn up in a notarised deed, any other method shall not be given a gross deed. In article 244 of the HIR, a gross deed is only given as a promissory note.Thereby, there are 3 different terms, namely debt acknowledgement, financing and promissory note. Are they similar in meaning or do they have different meanings? If these terms have the same meaning, it only means that a gross deed may be given to anything that bears a characteristic of a debt.If they have different meanings, then a gross deed may not be given for a financing with Syariah banking because literally, financing is not a loan or debt. Key words: gross deed, conventional banking, Syariahbanking, notarised deed

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Magister Kenotariatan
Depositing User:	Repository Administrator
Date Deposited:	26 Sep 2022 07:15
Last Modified:	26 Sep 2022 07:15
URI:	http://repository.narotama.ac.id/id/eprint/1320

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