This research intends to find out the role of notary in the disposal
provision of guarantees with kafalah (bank guarantees) contract at PT. Bank
Syariah Mandiri Solo Branch as well as its constraint in that of disposal provision
of guarantees with kafalah contract at PT. Bank Syariah Mandiri Solo Branch.
This research is based on a field investigation in order to compile primary data
required in the area of civil law in general and agreement in particular, law of
guarantees and banking and completing it with literary investigation. The data
compiled from both field and literary investigations will be analyze as qualitative
and later formulated systematically.
The research on the role of notary in the disposal provision of guarantees
with kafalah (bank guarantees) contract at PT. Bank Syariah Mandiri Solo Branch
is a juristic law of investigation with namely juridical and empirical characteristics
involving research toward law principles, law comparison, elements and factors
correlated to the notary's role in the provision of guarantees with kafalah contract.
The role of notary in the disposal provision of guarantees with kafalah
(bank guarantees) contract at PT. Bank Syariah Mandiri Solo Branch is naturally
considered as very important on its correlation with disposal provision of kafalah
contract certificate which is later followed up by bank. Hence, the bank
implements financing provision certificate of agreement. Constraints that are
showed up to be faced of by the disposal of guarantees by kafalah contract may be
sourced from four parties. Those four sources are first coming from the bank
which is human resources and procedure of disposal guarantee. Second, from
client which is economic condition changes and object of guaranty. Third, coming
from the third party which is the comprehension on its guaranty disposal, and the
fourth is coming from the notary which is formed as deep accuracy to mold it
within officially letter of intent called Notary certificate