Kedudukan saksi instrumenter dalam akad syariah menurut Undang-undang Nomor 30 Tahun 2004 tentang Jabatan Notaris dan Hukum Perjanjian Islam
This research aimed to provide clear description and identify further matters relating to the position of instrumenter witness in sharia contract either regarding contract based the Civil Codes, the 2004 Law Number 30 concerning Notary Profession, or Islamic Contract Law. This was a juridical normat...
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| Format: | Theses and Dissertations NonPeerReviewed |
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[Yogyakarta] : Universitas Gadjah Mada
2010
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| Online Access: | https://repository.ugm.ac.id/86617/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=47481 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | This research aimed to provide clear description and identify further matters relating to the position of instrumenter witness in sharia contract either regarding contract based the Civil Codes, the 2004 Law Number 30 concerning Notary Profession, or Islamic Contract Law. This was a juridical normative research, namely legal research on the enforcement or the application of normative legal provisions in real attitude in each public legal event. This research was based on literature study; however, field study was used to complement data obtained from the literature study. The results of this study showed that: 1) there were differences between witness provisions according to the 2004 Law Number 30 concerning Notary Profession and those according to Islamic Contract Law. Based on the Article 40 of UUJC, every deed should be read by the notary before at least 2 (two) witnesses, unless legal regulation requires otherwise. Whereas according to Islamic Agreement Law, in the verse (282) of Al-Baqarah Letter, Al Quran, witness in a written agreement should be read before a man and two women of credible witnesses (in case no man is available); 2) the provisions concerning witnesses in Al-Quran was different from that in UUJN; however, the contract executed on both sides remained valid. The differences in witnesses who were present did not affect the cancellation of Sharia contract. The witness in UUJN is one of the elem ents for contract as a notarial deed, rather than a private deed, while the Islamic Agreement Law states that witness is to facilitate proofing in case a problem is found in the future. |
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