Notary responsibility for unlawful acts in the legalization of sharia banking financing agreements in Banda Aceh
Irfan Ramadan, Sanusi, Dahlan
The purpose of this article is to explain the implementation of the legalization of Sharia banking financing agreements by notaries in Banda Aceh, analyze the evidentiary power of contract legalization that does not meet procedural provisions, and analyze the responsibility of notaries for unlawful acts because the signing of the legalization of Sharia banking financing agreements by the parties is not witnessed directly by the Notary concerned in Banda Aceh. This research uses normative legal research types and empirical legal research. Normative legal research is carried out with a statutory approach and a conceptual approach. In empirical legal research, the law is seen as the norm. Sources of legal materials in the study are secondary data consisting of primary legal materials, secondary legal materials, tertiary legal materials, and primary data obtained directly from interviewees. The analysis is carried out qualitatively. The results showed the following, first, the implementation of the legalization of the contract by the Notary, starting when the Notary received the documents and was obliged to check and witness that it was true that the parties were entitled to sign the contract. The contract is signed and affixed with a stamp by a Notary, then it is registered in the legalization book. Secondly, an agreement legalized by a Notary, but does not meet the procedural provisions, does not have perfect evidentiary power, because the evidentiary power of a letter that is not an authentic deed is left to the judge's consideration. The power of proof is limited to being evidence of clues supported by other evidence and the court will make a summons to the Notary as a witness. Third, the implementation of the Notary's responsibility for the contract that is legalized unlawfully because the signing of the parties is not witnessed directly by the Notary concerned is with the Notary. Responsibility for the position of Notary adheres to the principle of liability based on errors, and sanctions given in the form of reimbursement of costs, compensation, and interest.
Irfan Ramadan, Sanusi, Dahlan. Notary responsibility for unlawful acts in the legalization of sharia banking financing agreements in Banda Aceh. International Journal of Law, Volume 8, Issue 3, 2022, Pages 137-140