A Proposal: The Beginning of a Notary Deed for Sharia Banking Deals

Adjie, Habib (2021) A Proposal: The Beginning of a Notary Deed for Sharia Banking Deals. ENDLESS : International Journal of Future Studies, 4 (1). pp. 168-177. ISSN 2775-9180

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Abstract

A Notary Deed, if made with a Notary deed, must still be based on the provisions of Article 38 Notary Position Act as a formal requirement that must be fulfilled so that the deed is legally valid. If the deed is not implemented by Article 38 Assignment of Mortgage Rights, there has a sanction based on the provisions of Article 41 Notary Position Act. It is emphasised that the violation of the provisions of Article 38 Notary Position Act will result in the deed only having the value of evidentiary power as an underhand. Such a deed has its position degraded from an authentic deed to have the value of evidentiary power as an underhand deed following the provisions of Article 1869 of the Civil Code. So that the Sharia Banking deed made with a Notary deed is substantially under Sharia Principles and normatively per Article 38; especially paragraph (2) of the Notary Position Act. For Sharia banking, it can be done by transfer. Including the provisions of the opening sentence on the contents of the deed or a separate sheet of paper.

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Magister Kenotariatan
Depositing User:	Repository Administrator
Date Deposited:	26 Sep 2022 07:42
Last Modified:	26 Sep 2022 07:42
URI:	http://repository.narotama.ac.id/id/eprint/1323

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