Legal Obligation of Notary in Complying with Witness Requirements in Notarial Acts

Aceh is one of the provinces in the State of Indonesia that has been granted special status. Legally, Aceh's special status is regulated under Law Number 44 of 1999 concerning the Implementation of the Special Status of the Province of the Special Region of Aceh. One of Aceh's special privileges is the enforcement of Islamic Sharia, stipulated in Law Number 11 of 2006 concerning the Government of Aceh and reinforced by Qanun Number 8 of 2014 concerning the Principles of Islamic Sharia. Islamic Sharia also applies to Notaries in Aceh. One of the most important provisions in the creation of Notarial deeds is the presence of witnesses. However, according to the provisions of Islamic Law, which guide the implementation of Islamic Sharia in Aceh, the requirements for witnesses in the Qur'an differ from the witness requirements stipulated in the UUJN. This study employs a normative juridical research method utilizing statutory, conceptual, and historical approaches. Data was collected through library research and analysed using a prescriptive analysis method. The research findings indicate that the regulation of witness provisions for creating Notarial deeds in Aceh is deemed crucial due to the absence of specific rules governing it. Notaries are obligated to present witnesses in accordance with the command of Allah SWT in Surah Al-Baqarah, Verse 282. This verse stipulates the requirement of two male witnesses for every non-cash muamalah (transaction), with preference given to males. If two male witnesses are unavailable, then one male witness and two female witnesses are permissible.