Reconstruction of the Regulation of Notary Authority in the Production of Authentic Deeds in Sharia Financial Institutions

Abstract

The principle of buying and selling (Al Buyu') is no exception related to Fiduciary Rights in Sharia transactions in Notaries, this can be done with Sharia financial transactions, on the principle of buying and selling regarding Fiduciaries (movable objects). In reality, it is not uncommon for the implementation of sharia banking to not fully reflect the values of Islamic teachings and the true value of social justice. For example, this can be seen from the unclear reference to the rate of return for sharia finance. The approach method in this research uses sociological juridical. Data collection was carried out through field research studies. This research data processing uses primary data which is divided into primary and secondary legal materials. As a result of this research, the researcher provides conclusions and suggestions that financing institutions actually carry out unilateral execution of fiduciary guarantee objects without going through the relevant government agencies and based on applicable laws and regulations. Even though their actions can be categorized as Unlawful Acts (PMH) as stated in Article 1365 of the Civil Code, and consumers can also file a claim for compensation based on this legal basis.