THE RIGHTS AND POSITION OF NOTARIES AS PUBLIC OFFICIALS WHO REFUSE TO MAKE DEEDS CONTAINING USURY ELEMENTS IN REVIEW OF LAW NO. 02 OF 2014 CONCERNING AMENDMENTS TO LAW NO. 30 OF 2004 CONCERNING THE OFFICE OF THE NOTARY

Abstract

The practice of riba is an act prohibited in Islamic commercial law. In the Qur'an, sunnah, and hadith, riba has been explicitly declared haram (forbidden). The prohibition of riba has led many Muslims to make every effort to avoid engaging in such practices, including notaries who, in performing their duties as public officials, refuse to draft acts containing elements of riba to uphold their religious beliefs as Muslims. The research method used in this study is the normative juridical approach, which is a legal research method based on the implementation of applicable legal norms and principles. This research is descriptive-analytical, involving library research and field research stages. The author comprehensively links the raised issue with the relevant legislation. The data collection technique uses literature review, focusing on cases where notaries refuse to draft acts containing elements of riba. The study results show that the rights and position of a notary who refuses to draft an act containing riba based on the Amended Notary Law (UUJN Perubahan) are supported by the first principle of Pancasila, Belief in the One and Only God, as reflected in the law. Refusing to draft an act involving riba is an expression of the right to religious freedom and the right to practice one's faith and beliefs, as guaranteed by Article 29 of the 1945 Constitution (UUD 1945). The refusal to draft an act containing riba does not result in legal consequences, as such refusal is not among the grounds for rejecting act drafting stipulated in the Amended Notary Law. Therefore, it does not lead to legal effects such as the annulment of the act’s content or the degradation of an authentic act to a private act.