Alegal Analysisauthentic Murabahah Deed that does not Include A Dispute Resolution Clause in Sharia Financing Institutions

Abstract

Murabahah contracts, as one of the most widely used forms of sharia contracts in financing practices within Islamic financial institutions in Indonesia, are generally embodied in the form of authentic deeds drawn up by a notary in order to provide legal certainty and perfect evidentiary strength. However, in practice, there are still authentic murabahah terms that do not include a dispute resolution clause. The absence of such a clause has the potential to create legal uncertainty, particularly concerning the forum and mechanism for dispute resolution in the event of default between the parties. This issue is important to examine because it relates to legal protection, legal certainty, and the responsibility of notaries in drafting sharia financing deeds. This study aims to analyze the legal position of authentic murabahah deeds that do not include dispute resolution clauses, as well as to analyze the legal implications arising from dispute settlement and the execution of collateral in Islamic financial institutions. This research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials used consist of primary, secondary, and tertiary legal materials analyzed qualitatively. Research findings indicate that a Notary/PPAT may be held administratively, civillyThe results of the study indicate that the absence of a dispute resolution clause in an authentic murabahah deed does not render the contract null and void as long as it fulfills the legal requirements of an agreement as stipulated in Article 1320 of the Indonesian Civil Code. Nevertheless, the absence of such clause creates legal uncertainty in determining the appropriate dispute resolution forum, whether through litigation or non-litigation mechanisms. In addition, this condition also affects the difficulty in executing collateral due to the potential dispute concerning the authority of the institution competent to resolve the dispute. In the context of notarial responsibility, notaries are obligated to act carefully, thoroughly, and provide legal counseling to the parties so that the deed contains clauses capable of ensuring comprehensive legal protection and legal certainty. Based on the results of the study, greater prudence is required from notaries in drafting Islamic financing deeds, particularly concerning the inclusion of dispute resolution clauses. Furthermore, Islamic financial institutions must ensure that every murabahah contract is drafted comprehensively and in accordance with sharia principles and prevailing laws and regulations in order to prevent disputes and obstacles in the implementation of the parties' rights.