PRINSIP SYARIAH PADA AKAD BANK SYARIAH YANG DI BUAT OLEH NOTARIS BERDASARKAN UNDANG UNDANG NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS

Abstract

This study examines the application of sharia principles in Islamic banking financing contracts embodied in notarial deeds based on Law Number 2 of 2014 concerning the Position of Notary. Problems arise when there is inconsistency between the structure of sharia contracts and the formulation of notarial deeds, potentially resulting in legal defects both from sharia and juridical perspectives. This research aims to analyze the position of sharia principles in drafting notarial deeds and the juridical implications if such deeds do not comply with the Compilation of Sharia Economic Law (KHES), DSN-MUI fatwas, and Islamic Banking Law. This research employs normative legal research using statutory and conceptual approaches. The findings indicate that notaries bear substantive responsibility to ensure sharia compliance in contract formulation. Non-compliance may lead to invalidity of the contract under sharia law and potential legal liability for the involved parties.