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
| Dosen Pembimbing: | UNSPECIFIED | UNSPECIFIED |
|---|---|
| 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: | https://repository.unissula.ac.id/id/eprint/8653 |
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