Notary Role in the Development of Sharia-Based Economy

Abstract

The majority population of Indonesia is Muslim and thus, is a large market share to develop business with the sharia economic system. The presence of a notary is necessary to ensure legal certainty for the community in conducting transactions in sharia. The method used in this study was normative juridical using secondary data. The results indicate that the Notary is a public official who is authorized to conduct authentic deeds and has other authorities based on the Act of Notary Position. Notaries play a role in supporting the development of sharia-based economy, such as drafting Islamic contracts in Islamic banking or other financial institutions. One of the potential disputes in sharia economic transactions is one or more parties who practice transactions without following the sharia principles. This is because one of the defaulters did not implement the contract consisting of the notarial deed they agreed to. The urgency of deed Notary in sharia economic transactions is vital to guarantee the rights and obligations of parties involved in the contract. The making of authentic deeds is undertaken in the framework of creating certainty, order, legal protection, and to avoid future disputes.