Legal Consequences of Musyarakah Agreements Made by Notaries Who Do Not Have A Shariah Certificate

Abstract

The musyarakah agreement made by a notary who does not yet have a sharia certificate is a question for the purpose of this study is to analyze: 1) The role of a notary in the process of making a musyarakah agreement deed. 2) Legal consequences of musyarakah agreements made by a notary who does not yet have a sharia certificate. This type of research includes normative or doctrinal legal research. Using the legislative approach method. The data source for the research comes from secondary data. The data collection method uses literature studies. The analysis in this study is perspective. The results of the study are: 1) The role and authority of a Notary in making financing agreements in Islamic banking is as a public official who is authorized to make authentic deeds, especially in Islamic banking. In carrying out the duties of his position, a Notary has the task of making authentic deeds for the community who need them, authentic deeds made by a Notary are perfect evidence that creates legal certainty if at any time there is a dispute between the parties who make or need the deed. The existence of a Notary deed as an authentic deed cannot be separated from the Notary himself, in the provisions of Article 1868 of the Civil Code it is stated that an authentic deed is a deed whose form is determined by law and made by or before a public official who has the authority to do so at the place where the deed is made. 2) Sharia certification for notaries is only limited to the policies of each management of Islamic banks, so that ensuring sharia compliance for Notaries is still a weakness and homework for Islamic banks. Until now, the legal basis used as the basis for implementing sharia certification is OJK Regulation Number 31/POJK.05/2014 concerning Sharia Financing Business Providers. However, if it turns out that the deed of agreement is made by a notary who does not have a certificate of a sharia financial institution, the deed remains authentic as long as it meets the pillars and requirements of the agreement, as well as the provisions for making a deed in UUJN. The error does not merely lower the degree of the deed or cancel the deed.