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American Journal of  
Society and Law ( AJSL)

Authority of  the Notary in Making Murabahah Deeds
Citra Kartika Lazuardini Bakhtiar1*, Rahmadi Indra Tektona1, Ayu Citra Santyaningtyas1

Volume 2 Issue 2, Year 2023
ISSN: 2835-3277 (Online)

DOI: https://doi.org/10.54536/ajsl.v2i2.1713
https://journals.e-palli.com/home/index.php/ajsl

Article Information ABSTRACT

Received: May 31, 2023
Accepted: June 22, 2023
Published: July 04, 2023

The background of  this research is that there are notaries who still make sharia contracts 
without paying attention to or in accordance with sharia principles, especially for non-
Muslim notaries. The purpose of  this study is to provide an understanding of  the authority 
of  a notary in making a murabaha contract deed in Islamic banks. This research, which uses 
normative legal research methods with a statute legal approach and conceptual approach, 
resulted in the following findings: first, with regard to the legal requirements of  the 
agreement in making a murabaha contract deed by taking into account sharia principles; and 
second, with regard to the professional code of  ethics of  a notary.Keywords

Authority, Notary, Murabahah 
Deeds

1 Faculty of  Law, University of  Jember, Indonesia
* Corresponding author’s e-mail: citrakartika15@gmail.com

INTRODUCTION 
Contracts are essential in every transaction, including akad 
in Sharia business. For an agreement to have legal force, 
it must be recorded before a notary (Aidil, 2011) In this 
regard, every industry, including Sharia business, always 
requires a notary as a public official who does authentic 
deeds by their duties as stipulated in the Law of  the 
Republic of  Indonesia Number 30 of  2004 concerning 
the Position of  Notary as amended by Law Number 2 
of  2014. they concern Amendments to Law Number 30 
of  2004 concerning the Position of  Notary (after this 
referred to as UUJN) (Aidil, 2011). Notaries by the state 
are authorized to carry out some of  the state’s duties in 
private law (Aidil, 2011). In guaranteeing certainty, order, 
and legal protection, authentic written evidence regarding 
actions, agreements, stipulations, and legal events made by 
or before a notary is needed (Aidil, 2011). The importance 
of  role of  a notary in Sharia business is related to making 
an agreement or deed, where for a contract to have legal 
force, it must be recorded before a notary. Related to 
this, every business, including the Sharia business, always 
needs a notary as an official who does authentic deeds by 
their duties regulated in UUJN (Aidil, 2011), including in 
the Islamic Banking sector.
Banks, as financial institutions, utilize notary legal 
services in every business agreement, such as financing 
and credit agreements, including additional contracts 
regarding collateral binding (Yusup, 2018). Generally, 
conventional banks involve a notary in making a deed 
of  understanding compared to Islamic banks. However, 
currently, Islamic banks as a subsystem of  the national 
banking system are regulated by a clause in Law Number 
21 of  2008 concerning Islamic Banking (after this 
referred to as the Islamic Banking Law) also use notary 
legal services in all of  their business activities, especially 
those related with a deed of  the financing agreement, 

one of  which is a murabahah akad (Yusup, 2018). Islamic 
bank products use the principles and principles of  Sharia 
economic law; in other words, all recording business 
agreements outlined in the notarial deed must also refer 
to Sharia economic norms (Aidil, 2011). In this regard, 
the Notary who formulates a Sharia financing contract is 
expected to pay attention to the pillars and conditions for 
the validity of  the agreement as determined by Islamic 
law, the clauses listed in each article of  the Sharia akad can 
be seen whether the legal construction is in accordance 
or not by sharia contract law. Notaries in formulating 
Islamic banking contract deeds must pay attention to 
matters regulated in the UUJN and the importance of  
understanding the field of  Islamic banking as stated in 
Article 2 of  the Islamic Banking Law, which essentially 
states that Islamic banks carry out their economic 
activities based on Sharia principles (Efendi, dkk, 2019).
There are no specific regulations regarding the form of  
a Sharia deed or clauses for a Sharia akad deed in UUJN. 
In practice, contracts between banks and customers still 
refer to positive law and notarized financing contracts. 
The form of  a Sharia deed notarized to be called an 
authentic deed must comply with the applicable laws and 
regulations. Therefore a notary in formulating the form 
of  a Sharia akad deed must pay attention to the conditions 
in Article 38 UUJN (Efendi, dkk, 2019).
In practice, many notaries make Sharia contracts that 
are not following Sharia principles, and this happens to 
notaries who are not Muslims at all and only accept orders 
from Sharia banks who don’t even know anything about 
the pillars and terms of  the validity of  a contract based 
on sharia (Aidil, 2011). Based on this, of  course, there 
is a need for legal certainty regarding the authority of  a 
notary in making a murabahah akad deed and regarding 
the form of  doing a murabahah deed, especially for non-
Muslim notaries. Bearing in mind that in making a Sharia 

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banking deed, a notary must have in-depth knowledge of  
Sharia principles because an act of  Sharia banking is not 
the same as a deed in general because a deed of  Sharia 
banking will be valid if  it fulfills the pillars and conditions 
of  the contract in Islamic law. Based on the background 
description above, one problem becomes a legal issue in 
writing this scientific paper: what is the authority of  a 
Notary in making a murabahah akad deed in an Islamic 
Bank?

LITERATURE REVIEW
Notary comes from the word nota literary, which means 
written marks or characters used in writing or describing 
the sentences conveyed by sources. The sign or character 
in question is a sign used in shorthand (Tobing, 1980). 
In essence, the position of  a notary is a public official 
who serves the community’s needs regarding authentic 
evidence that can provide certainty of  civil relations. 
Notaries began to apply in Indonesia in the early 17th 
century with the existence of  the oost Ind. Compagnie 
in Indonesia (Tobing, 1980). The authority of  a notary 
exercised in terms of  carrying out his position as a 
notary in doing authentic deeds is an authority obtained 
by attribution, which is normatively regulated through 
UUJN. The authority of  a notary as a public official 
includes four things, namely: 1) The Notary must be 
authorized as far as the deed made is concerned; 2) The 
Notary must be authorized insofar as it concerns the 
people for whose benefit the deed is drawn up; 3) The 
Notary must be authorized insofar as it relates to the 
place where the deed was drawn up; 4) The Notary must 
be authorized as long as it is related to the time of  doing 
the deed (Tobing, 1980).
According to murabahah, it is a sale and purchase 
carried out by someone based on the seller’s purchase 
price plus profit on the condition that both parties must 
know (Umam, 2007, p. 116). According to the language, 
murabahah is an act of  mutual benefit between the two 
parties, namely the first party as the one who asks for the 
purchase and the second party who buys it (Umam, 2007, 
p. 116). In channelling funds in the form of  financing 
based on a Murabaha contract, the following conditions 
apply: a.) The bank acts as a party providing funds 
to purchase goods related to murabahah transaction 
activities with customers as the purchasers of  goods; b.) 
Goods are objects of  sale and purchase of  which the 
quantity, quality, acquisition price, and specifications are 
known; c.) Banks are required to explain to customers 
the characteristics of  financing products based on 
Murabaha contracts, as well as the rights and obligations 
of  customers as stipulated in BI regulations regarding 
transparency of  information on bank products and the 
use of  customer personal data; d.) Banks are required 
to analyze financing applications based on murabahah 
contracts from customers, which include personal aspects 
in the form of  analysis of  character or business aspects, 
including analysis of  business capacity (capacity), finance 
(capital), and business prospects (condition); e.) Banks 

can finance part or all of  the purchase price of  goods 
whose qualifications have been agreed upon; f.) Banks 
must provide funds to realize the supply of  goods ordered 
by customers; g.) The margin agreement is determined 
only once at the beginning of  financing on a murabahah 
basis and does not change during the financing period; h.) 
Banks and customers are required to put the agreement 
in the form of  a written agreement in the form of  a 
financing contract on a murabahah basis, and i.) The 
period of  financing the price of  goods by the customer to 
the bank is determined based on the agreement between 
the bank and the customer (Umam, 2007).

MATERIALS AND METHODS
The research method in writing scientific papers uses 
the normative legal research method, which focuses 
on applying rules or norms in practical strategies. This 
normative legal study studies formal legal principles 
such as laws, procedures, and literature with theoretical 
concepts (Efendi, dkk, 2019). In practice, this method is 
used by the author to examine the authority of  a notary in 
making murabahah contracts, especially those in Islamic 
banks; where to answer this study, the author uses 2 (two) 
approaches, namely the statute legal approach analyzing 
various laws and regulations, laws relating to the authority 
of  a notary in making a murabahah deed, and a conceptual 
approach by analyzing several books or legal journals that 
discuss the authority of  a notary in doing a deed.

RESULTS AND DISCUSSION
Legal Basis for Notary Authority in Making Deeds
Authority comes from the word authority in Dutch, 
“bevoegdheid” which juridically means the ability granted 
by laws and regulations to cause legal consequences 
(Indrohato, 1994). In administrative law, authority can be 
obtained through attribution, delegation, and mandate. 
The authority obtained by attribution is the granting 
of  new authority to a position based on laws and 
regulations. The authority obtained through commission 
is the delegation of  existing authority based on statutory 
regulations. The authority accepted to employ a mandate 
is given because the competent person cannot (Adjie, 
2008). Related to this, authority is also often equated 
with the term power because the power the Executive, 
Legislature, and Judiciary possesses is formal (Setiardja, 
1990). Authority is the power to decide to order or 
delegate responsibility to others. According to Prajudi 
Atmosudirdjo, authority is the power to take all actions in 
the field of  public law, while the power to take action in 
private law is called rights (Atmosudirdjo, 1998). Another 
definition of  authority is the right of  an individual to 
perform specific actions with certain limitations where 
other individuals recognize these actions (Irianty, 2010). 
Based on some of  the definitions of  authority above, 
authority is a person’s right to carry out certain activities 
or actions, where law, superiors, or other people can grant 
the right (authority).
In connection with the explanation above, discussing the 

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authority of  a Notary in doing a deed, as the theory of  
authority, which consists of  3 (three) sources, attribution, 
delegation, and mandate, the authority that is the right of  
a Notary to do a deed is an attribution authority, namely 
the granting of  authority that new to a position based on 
a statutory regulation or the rule of  law, in which case the 
Notary obtains a source of  authority from Law Number 
2 of  2014 concerning Amendments to Law Number 30 
of  2004 concerning the Position of  Notary (after this 
referred to as UUJN). Based on the UUJN, a Notary as 
a public official has the authority to do deeds within the 
scope of  civil law as stipulated in Article 15 paragraphs 
(1), (2), and (3) UUJN, with a vast range of  authority 
of  a Notary in the civil field. Notaries are given the 
authority to do authentic deeds regarding all actions and 
agreements stipulated by laws and regulations and desired 
by interested parties to be stated in authentic acts. Not 
only in terms of  positive Indonesian law, but Islamic law 
also regulates the authority of  a Notary in doing authentic 
deeds that are implicitly contained in the QS. Al-Baqarah 
Verse 282, whose translation is as follows:
“O you who have believed!  When you contract a debt for a specified 
term, write it down. And let a scribe write (it) between you in 
justice.” (Departemen Agama RI, 2002)
The provisions above show that the Qur’an has expressly 
regulated that every transaction is ordered to be written 
or recorded, and this is implemented by a Notary in 
making an authentic deed.
Discussing authentic deeds, in Article 1868 of  the Civil 
Code, it is explained that an authentic deed is a deed 
drawn up in a form determined by law by or before 
an authorized public official, where the public official 
referred to in this case is a Notary (See Article 1 UUJN). 
Furthermore, Article 1870 of  the Civil Code emphasizes 
that an authentic deed provides perfect evidence of  what 
is contained in it, meaning that when a dispute occurs, the 
authentic deed drawn up by a Notary is strong evidence 
that cannot be denied the truth.
In connection with the explanation above, knowing and 
understanding that not all deeds can be called authentic 
deeds is necessary. A deed can be said to be an authentic 
deed if  it fulfills the following conditions (Koesoemawati 
& Rijan, 2009):

a. The form of  the deed follows the law. The authentic 
deed has its pattern. Related to that, if  someone is going 
to do a deed before a notary, they cannot make their 
format.

b. An authentic deed is made before a public official 
appointed by the state. The notary is a public official with 
the authority to do authentic deeds. Notaries are set by 
the state through the Minister of  Law and Human Rights, 
as explained in Article 2 UUJN.

c. An authentic deed is done by an authorized official 
or a notary with the right. Notaries on leave or having 
problems are not allowed to do authentic deeds. A notary 
whose license is suspended or does not yet have a permit 
cannot do an authentic deed.
Based on the description above, the role of  a Notary 

in doing a deed is essential, so the law also gives this 
authority to a Notary. Notaries are given the authority to 
make deeds from agreements made by the parties, both 
deeds to business, such as sale and purchase transactions, 
leases, or acts in the private sphere, such as deeds of  
grants, inheritance, etc. It is not surprising that in the 
world of  Sharia business, notaries have an essential role, 
one of  which is Islamic banking.

Deed of  Murabah Akad  in an Islamic Bank as One 
of  the Deeds Made by a Notary
Every transaction in Sharia business is indeed inseparable 
from the name of  the agreement or what is also known as 
the akad. The akad is used in binding agreements between 
the Islamic Bank and the Customer regarding raising and 
channeling funds at Islamic Banks. In this regard, the akad 
must be made before a Notary for a compact or akad 
to have legal force, so every business, including Islamic 
banking, always requires the role of  a Notary.
The development of  Sharia banking, which until now 
has become a necessity, makes transactions through 
various Sharia contracts also increasingly in demand by 
the public, one of  which is murabahah akad. Related 
to this, the increasing public interest must, of  course, 
be balanced with the existence of  legal protection for 
the parties, both Islamic Banks and customers, and the 
form of  protection that can be carried out is through the 
making of  a murabahah akad deed made before a Notary. 
The UUJN does not explicitly explain the types of  deeds 
or agreements that are the authority of  a Notary. Still, 
it is implicitly said that a Notary is given the power to 
do authentic deeds regarding all actions, agreements, 
and stipulations required by laws and regulations or 
desired by interested parties (parties) to be stated in an 
authentic deed. This means that a Notary may make any 
deed originating from an agreement as long as it does 
not violate the provisions of  the law, including deeds 
developing from a contract or murabahah akad.
According to Muhammad Syafi’i Antonio, a murabahah 
akad is a sale and purchase agreement at the original 
price plus a profit agreed upon by both parties (Antonio, 
2001, p. 101). Muhammad also stated that murabahah is 
a contract of  sale and purchase of  goods for the cost 
of  the goods plus the agreed profit margin (Muhammad, 
2014). Based on the sale and purchase agreement, the 
Bank buys and sells the ordered goods to the Customer. 
The Bank’s selling price is the supplier’s purchase price 
plus the agreed profit. The Bank must honestly notify 
the cost of  goods to the Customer along with the costs 
involved. This concept is in line with the opinion of  
Irma Devita Purnamasari and Suswinarno, who provide 
the idea of  murabahah, namely, the Bank buys goods 
from producers, then resells them to the Customer plus 
the profit agreed upon by the Bank and the Customer 
(Purnamasari & Suswinarno, 2011).
In Indonesia’s positive law, murabahah is also regulated 
in Article 20 paragraph (6) of  Supreme Court Regulation 
Number 2 of  2008 concerning the Dissemination of  the 

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Compilation of  Sharia Economic Law (KHES), which 
states that murabahah is the most profitable financing 
contract carried out by sahib al-mal with parties which 
requires a buying and selling transaction by adding the 
agreed profit (See the provisions of  Article 20 paragraph 
(6) KHES). There is also a rule in the DSN-MUI fatwa 
No. 04/IV/2000 Concerning Murabahah Financing. In 
practice, the murabahah akad is one of  the contracts that 
are in great demand because several factors distinguish 
it from other agreements, namely; First, the clarity of  
the buyer (customer) where Islamic banks do not need 
to provide goods without a clear buyer; Second, the 
clarity of  the benefits obtained by Islamic Banks, because 
Islamic Banks can ensure the benefits derived from these 
goods; and Third, murabahah financing is more easily 
practiced by Islamic Banks at this time (Hakim, 2017).
In its implementation, there are several conditions of  
murabahah, including: 

a.) The initial price must be understood by both parties 
(seller and buyer). Regarding the murabahah akad, the 
seller must transparently convey the first purchase price 
of  the goods he will sell to the buyer. The buyer has 
the right to know the purchase price of  the goods. This 
requirement also applies to buying and selling the same 
type, such as al-isyrak, at-tauliyah, and al-wadhiah; 

b.) The amount of  profit must be known and agreed 
upon by both parties. The seller is obliged to convey the 
desired profit, and the buyer has the right to know and 
even agree on the profit to be obtained by the seller. If  
one of  the two parties disagrees with the seller’s profit, 
then the murabahah akad does not occur; 

c.) The introductory price can be known in units, 
regarding what is meant by teams here: one dirham, one 
dinar, one hundred thousand rupiahs, one kilogram, 
one quintal, and so on. Related to murabahah and in 
buying and selling other desired trusts is the transparency 
between the cost price and the possibility of  profit to be 
obtained. Regarding the items to be transacted, the unit is 
unknown; it will be challenging to determine the profit to 
be accepted so that murabahah does not occur; 

d.) Murabahah akad are not mixed with ribawi 
arrangements. Excess is not called profit in a Murabaha 
transaction but is still said to be usury because it changes 
from the original measure; 

e.) The first contract in murabahah must be valid. If  
the first purchase is not made authentically, then the 
murabahah transaction is considered canceled. (Afandi, 
2009)

Notary Authority in Making Deeds of  Murabahah 
Akad in Islamic Banks
The existence of  a Notary is needed by Islamic Banks, 
one of  which is when doing deeds originating from 
agreements or murabahah akad, to provide legal certainty 
guarantees for the parties, both Islamic Banks and 
Customers, if  one day there is a dispute or dispute. In 
this regard, as in doing authentic deeds in general, before 
an agreement is declared authentic, the Notary must pay 

attention and ensure in advance whether the deal is valid 
and can be accounted for by the parties.
Discussing the terms of  the validity of  the agreement, in 
Article 1320 of  the Civil Code, it has been stated that a 
deal can be said to be valid if  it fulfills several conditions, 
namely the agreement of  those who bind themselves, 
the ability to agree, a particular matter, and lawful causes. 
In addition to these provisions, bearing in mind that a 
murabahah akad is a type of  agreement or contract in 
Islamic economic law, the Notary also needs to pay 
attention to the terms of  the validity of  the deal from the 
point of  view of  Islamic law. In contract law according to 
Islamic law, as stated by Sayid Sabiq in Chairman Pasaribu 
and Suhrawardi K. Lubis, who explained that in general, 
the conditions for the validity of  an agreement include 
(Pasaribu & Lubis, 2004).

Does not violate the principles of  Sharia
This first condition means that the agreement entered 
into by the parties is not an act that is against the law or 
an act that is against the principles of  shari’ah in Islam 
(Pasaribu & Lubis, 2004). If  the act violates the principles 
of  Shari’ah, then the agreement is invalid. Related to this, 
the invalidity of  an agreement results in the deal being null 
and void by law. In connection with this first condition, if  
it is connected with a mudharabah contract transaction, 
this contract is a form of  buying and selling, which is 
permissible and even recommended in Islam. This is as 
stated in Q.S. An-Nisaa Verse 29, whose translation is:
“O you who have believed! Do not consume one another’s wealth 
unjustly but only (in lawfull) business by mutual consent. And do 
not kill yourselves (or one another). Indeed, Allah is to you ever 
Merciful.” 
Murabahah was even commonly carried out by Rasulullah 
SAW and his companions, namely an agreement or 
contract of  sale and purchase of  goods by stating the 
acquisition price and profit (margin) agreed upon by the 
seller and the buyer (Karim, 2004).

It must be equally pleased, and there is a choice
This second condition means that the contract or 
agreement made by the parties must be based on the deal, 
willingness, and pleasure of  both parties, where each party 
wants the contract to be made without any coercion from 
any party (Pasaribu & Lubis, 2004). Related to this, the 
Notary must ensure that the murabahah akad created by 
the parties follows the wishes and desires of  the parties 
without coercion from any party.

It must be obvious
This third condition implies that what is agreed upon by 
the parties must be obvious and transparent regarding the 
contents of  the agreement to avoid misunderstandings 
between the parties in the future (Pasaribu & Lubis, 2004, 
p. 59). In other words, the contents of  a murabahah 
akad cannot contain elements of  gharar. Concerning 
this condition, the Notary must ensure that the goods or 
products that are the object of  the agreement must be 

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precise, starting from the description and origin of  the 
goods that are used as the object of  the contract, the 
price and profit margin set, the agreed period, and other 
things that can clarify the agreement.
When the three conditions mentioned above have been 
met, the murabahah akad can be valid and stated in a 
deed drawn up before a notary. The need for a Notary 
to pay attention to the legal terms of  the agreement is 
also a factor in evaluating the quality of  a Notary and the 
form of  accountability of  the Notary, considering that 
a Notary is someone whose statements are reliable and 
trustworthy, signatures and seals provide strong, impartial 
guarantees and evidence and advisors who are flawless. 
The deed made by a Notary also makes an agreement that 
can protect the parties from the emergence of  disputes or 
conflicts in the future (Aidil, 2011).
After discussing the matters that a Notary must consider 
in terms of  the agreement, several things must also be 
considered regarding the limitations in exercising his 
authority as a Notary. The matters referred to include, 
among others, the Notary is obliged to act trustworthy, 
honestly, thorough, independent, impartial, and protect 
the interests of  the parties involved in legal actions (See 
Article 16 paragraph (1) UUJN). In Article 54 UUJN, 
Notaries are not allowed to provide Grosse, copies, or 
quotations, nor are they allowed to show or notify the 
contents of  the deed other than those who have an 
interest in the act. If  a Notary violates these provisions, 
then the Notary is deemed to have neglected the authority 
given to him and, of  course, must be held accountable for 
his actions (Sjaifurrachman & Adjie, 2011).
Concerning the Notary’s responsibility for the deed he 
made is at the beginning or head of  the deed and the 
end of  the act. At the beginning of  the deed, it is the 
responsibility of  the Notary because the beginning 
contains information on the day, date, and time at which 
the deed was done and also the name and position of  
the Notary who did the act. Shows the certainty of  the 
time of  doing the deed and shows whether the making 
of  the deed is included in the area of  the office of  the 
Notary who made it. At the same time, the end of  the act 
is the responsibility of  the Notary because, at the end of  
the deed or the closing, it states the reading of  the deed 
and where it was completed. In this regard, the Notary’s 
accountability can be requested as long as the Notary is 
still authorized to carry out his position as a Notary. The 
Notary’s responsibility arises from the obligations and 
authorities granted by law to him. These legally binding 
obligations and rules come into force from the time the 
Notary is sworn in as a Notary, in which this oath should 
be able to control all actions of  the Notary in carrying 
out his position. 
This is in line with Robert B. Seidman’s theory about 
the working system of  the law, where when a Notary 
performs his duties in the notary field, the Notary serves 
as the executor of  the law. In contrast, when the Notary is 
liable, the Notary’s position as the one subject to the law 
deals with the imposition of  sanctions.

Based on the explanation above, it is understandable that 
a Notary must always adhere to the laws and regulations 
that apply in Indonesia when carrying out their duties. 
A Notary is also obliged to carry out his duties by the 
ethics mutually agreed upon in the form of  a code of  
ethics. This code of  ethics limits the actions or deeds of  
Notaries so that in carrying out their practice, they do 
not act arbitrarily. A person who has decided to serve as 
a Notary Public requires an excellent basic mentality and 
a mental attitude toward a Notary Public. The mental 
attitude of  a Notary is one of  the standards for creating a 
good Notary; that is what is commonly referred to as the 
ethics of  the Notary profession (Koehn, 2000).

CONCLUSION
The authority of  a Notary in making a murabahah akad 
deed in an Islamic Bank is a form of  attribution authority, 
namely the granting of  new authority to a position based 
on a statutory regulation or the rule of  law, in which 
case the Notary obtains a source of  authority from Law 
Number 2 of  2014 concerning Amendments Based on 
Law Number 30 of  2004 concerning the Position of  
Notary and in line with QS. Al-Baqarah Verse 282. In 
carrying out this authority, there are 2 (two) things that 
a Notary must pay attention to, namely: 1) About the 
Agreement or murabahah akad made by the parties, where 
a Notary must first pay attention to the legal requirements 
of  a murabahah akad made by the parties, namely 
based on Article 1320 of  the Civil Code and 3 (three) 
requirements for the validity of  an agreement according 
to Islamic law; 2) About the Professional Code of  Ethics 
for a Notary, where a Notary must pay attention to the 
provisions that a Notary may and may not do.

RECOMMENDATIONS 
For Notaries, both Muslim and non-Muslim, in making 
murabahah akad, in addition to paying attention to the 
legal terms of  the agreement from the perspective of  
positive Indonesian law, should also pay attention to and 
understand the terms of  the validity of  the contract from 
the perspective of  Islamic law, especially matters relating 
to sharia principles.

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Adjie, H. (2008). Hukum Notaris Indonesia (Tafsir Tematik 

Terhadap Undang-Undang No. 30 Tahun 2004 tentang 
Jabatan Notaris). Refika Aditama, Bandung.

Admosudirdjo, P. (1998). Hukum Administrasi Negara. 
Ghalia Indonesia, Jakarta.

Afandi, M. Y. (2009). Fiqh Muamalah dan Implementasinnya 
dalam Lembaga Keuangan Syariah. Logung Pustaka, 
Jakarta.

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