Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Notaries Liability in the Implementation of Sharia Compliance in Financing Contracts in the Form of Notarial Viewed from the Indonesian Consumer Protection Law

Author(s): Toto Tohir Suriaatmadja

To provide security guarantees to Muslims as majority, Indonesian government have built a sharia banking system. In the implementation of banking transactions, especially those using collateral, they must use a notarial deed. The purpose of this research is to find out the liability of the notary in terms of the financing deed, there are still elements prohibited by the Shari'a such as usury, and whether or not they can be prosecuted civilly based on consumer protection law. The method used is a normative juridical approach, with analytical descriptive specifications, using library data sources, and legal analysis. The results of this study are The liability of a notary in making a sharia deed that still contains elements are prohibited by sharia is to correct the error with the appropriate procedures required by laws and regulations with the consequence that the deed is no longer an authentic deed but it becomes a private deed. And, in carrying out the notary profession, a notary causing harmful can be prosecuted on the basis of an unlawful act or based on consumer protection law, cause notary including in the category of service provider business actor which is carried out openly and can be accessed by all legal subjects.

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