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Indonesian Journal Education
Article . 2024 . Peer-reviewed
License: CC BY SA
Data sources: Crossref
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The Role of Notaries in Murabahah Financing Agreements

Authors: Lilawati Ginting;

The Role of Notaries in Murabahah Financing Agreements

Abstract

The role of notaries in the legal system in Indonesia is very significant, especially in supporting legal certainty in the Islamic banking sector through the Murabahah financing contract. This contract is based on the principle of buying and selling with agreed profits, so it requires a notary to prepare documents that comply with positive law and sharia principles. Notaries are authorized to make authentic deeds, provide legal counseling, and ensure the validity of each element of the agreement, including payment clauses, profits, and fines. In this case, notaries act as legal guardians who guarantee transparency and justice, prevent potential violations of law such as usury practices, and reduce the risk of future disputes. This study uses a normative legal approach by examining related legislation, such as Law No. 2 of 2014 concerning the Position of Notaries and Islamic Banking Law. The study results show that notaries have a dual role: as legal enforcers who ensure that documents meet legal requirements and as law enforcers who maintain the integrity of the transaction process. With the increasing need for Sharia financing, the existence of notaries is becoming increasingly relevant to support equitable Sharia-based economic development. In conclusion, notaries are a key element in Murabahah transactions that not only function administratively but also substantively, helping to create a transparent and trusted financial system in Indonesia. This strengthens the position of notaries as an important pillar in ensuring the sustainability of Sharia-based law and economy.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average