The Notary's Responsibility in the Creation of a Subrogation Deed of Receivables from Conventional Banks to Sharia Banks

Subrogation based on Sharia principles can be carried out as long as it follows the provisions in Fatwa 104/DSN0MUI/X/2016. Therefore, it is necessary to reconsider whether the provisions of the subrogation fatwa can be implemented in the transfer of conventional bank credit customers to Sharia bank financing customers in order to apply Aceh Qanun Number 11 of 2018 concerning Sharia Financial Institutions (Qanun LKS). Based on the practices that have occurred in the field, the creation of subrogation deeds by notaries in the transfer of debtor receivables from Conventional Banks to Sharia Banks has not been carried out under the DSN Fatwa. Since the enactment of the Qanun LKS, notaries have been carrying out subrogation of receivables not under Sharia. This happens because there is no positive legal regulation that clearly states the subrogation of debts from conventional banks to Islamic banks. Aceh, as a region that mandates every financial institution to adhere to Sharia principles, requires that all banking activities be guided by Sharia principles. This has become an issue in terms of subrogation, even though subrogation had previously been regulated in legislation. However, the subrogation of debts from conventional banks to Islamic banks is a new matter. The research method used in the preparation of this study is the normative juridical research method. The purpose of this research is to analyze and explain the Notary's Responsibility in the Creation of a Subrogation Deed of Debt from Conventional Banks to Sharia Banks. Based on the research results, it shows that the subrogation of receivables from conventional banks to Islamic banks can be carried out based on DSN MUI Fatwa Number 104/DSN0MUI/X/2016. Thus, the creation of a subrogation deed by a Notary has legal certainty as long as it does not contradict the provisions of DSN MUI Fatwa Number 104/DSN0MUI/X/2016 and the applicable laws and regulations. Thus, it can be said that the notary's responsibility in the creation of a subrogation deed of debt from a Conventional Bank to a Sharia Bank still adheres to the provisions of the applicable laws and regulations in the general creation of deeds.