NINGSIH, SENTIYA DWI (2017) PERAN NOTARIS DALAM PELAKSANAAN PEMBUATAN AKTA AKAD PEMBIAYAAN DI BANK SYARIAH MENURUT UNDANG- UNDANG NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS. Masters thesis, Fakultas Hukum UNISSULA.
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Abstract
The practice of Islamic banking is based on sharia principles Sharia Commercial Bank, Rural Bank Sharia which operates in accordance with the principles of Islamic Shariah. In the implementation, financing with Islamic principles was not separated from the agreement, because basically contract financing agreement is an agreement that must be made before a notary in order to have the strength of evidence. Authentic notary deed authorized to make agreements on all deeds and statutes that are required by legislation and / or desired by the stakeholders to be stated in the Deed Authentic, guaranteeing the creation date of the deed, saving certificates, giving grosse, and a copy of the certificate quotation. The formulation of the problem in this research are: 1) How do the differences in conventional bank credit agreement with Islamic bank financing agreement in accordance with Act No. 2 of 2014 concerning Notary, 2) How is the role of the Notary in the execution of a deed in Bank Syariah financing agreement according to Law law Number 2 of 2014 concerning Notary and legal consequences arising against the deed of Bank Syariah financing agreement in accordance with Act No. 2 of 2014 concerning Notary. The method used in this research is normative juridical approach that emphasizes the inventory of positive law, philosophy basic discoveries made the positive law, legal discovery incroceto to resolve the legal case. The result of this research is that differences in conventional bank credit agreement with Islamic bank financing agreement in accordance with Act No. 2 of 2014 concerning Notary lie on many things. Not only related to the use of the legal basis for the implementation of the system, but rather some other important aspects such as gain, orientation, investment, until the existence of the supervisory board on both banks is also different. Then the role of the Notary in the implementation deed financing agreement with Bank Syariah that the role of the notary in the deed financing agreement in Islamic banks as long as the deed he had done, Notary plays all the people, for the benefit of whom the deed was made, Notary plays throughout the place, in which the deed was made, and plays along the seat of the Notary deed it. The legal consequences that ensue for deed financing agreement with Bank Syariah is that the authorities make authentic act is a notary, unless authority is handed over to another official or other person, then from the side of Grosse Deed of Acknowledgement of Debt will have the power executorial and equated with the judge's decision , Then in the Financing Agreement with Bank Syariah, the bank is expected implementation of the execution no longer need to go through the process lawsuit usual timeconsuming and thus costly. Another consequence is the dependence of banks on Notaries until the notary must be considered as a partner or a partner in the implementation of a financing agreement deed Keywords: Islamic Financing Agreement Agreement Notary
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Pascasarjana > Magister Kenotariatan |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 04 Dec 2017 02:34 |
| Last Modified: | 04 Dec 2017 02:34 |
| URI: | http://repository.unissula.ac.id/id/eprint/8653 |
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