Juridical Analysis on Provisions of the Number of Witnesses in Sharia Deed by a Notary

Abstract

This study aims to analyze and formulate the provisions on witnesses in Law Number 30 of 2004 on notary position jo Law Number 2 of 2014 on Amendment to Law Number 30 of 2004 on notary position in the making of sharia notarial deed. This research is a normative legal research which utilizes stаtute аpproаch and conceptual аpproаch. The provision regarding the number of witnesses in making a sharia deed by a Notary is that if the witness consists of 1 (one) man, then it has to be followed by 1 (one) man. The absence of 1 (one) man can be replaced by 2 (two) women in accordance with the provisions of Islamic law based on Al-Qur’an Surah Al Baqarah [2:282]. Since the sharia deed is a deed that accommodates the provisions of Islamic law that are not contained in a conventional deed, according to the researcher, the sharia deed should be following the Islamic Law. For this reason, the provisions of the reading of sharia deeds by a notary before witnesses must provide an explanation that woman have the power of proof of ½ (half) of man in the reading of sharia deeds or a new rule that accommodates these provisions.