PERANAN NOTARIS DALAM AKAD MUSYARAKAH PADA BANK SYARIAH MANDIRI CABANG YOGYAKARTA

Main Authors: , Nur Indah Nidiasari, , Prof. Dr. Abdul Ghofur Anshori, S.H., M.H.
Format: Thesis NonPeerReviewed
Terbitan: [Yogyakarta] : Universitas Gadjah Mada , 2011
Subjects:
ETD
Online Access: https://repository.ugm.ac.id/90329/
http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=52589
Daftar Isi:
  • Hence, the research is aiming to: 1) to know the realization of al-musyarakah contract in Bank Syariah Mandiri Jogjakarta branch in conjunction with the duties and role of the notary. 2) to know how of role of notary in performing of musyarakah financing in Bank Syariah Mandiri Jogjakarta branch from public service principle point of view. Approach method used in this research is using empiric jurisdiction that is approach by empiric study cause and effect between law and social symptoms. Juridical/normative approach includes research to principle, definition and law both written and practical fact regarding behavior of law subject who related to the topic. Characteristics of this research is descriptive analyses using research of subject by purposive sampling to 37 responders, bank and 5 notary as responders as information sources. Data obtained were analyzed with qualitative methods of data analysis techniques by combining secondary and primary data then compiled in a research report. Research result showing that to: 1). role of notary in financing al-musyarakah contact starting since pre-contract by analyzing documents related to the subject and object of contract. Furthermore issue musyarakah contract contains agreement between parties and states the contract to the involved parties and witnesses prior to contract signature. In next step that is implementation of musyarakah contract, notary has role to collateral emphasizing that is issuing collateral contract certificates. 20. Notaryâ��s role in musyarakah financing in public service point of view which as public officials implementing task and authority to law assurance of contract should include responsibility, neutral and professional.