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Journal : TABELLIUS

Legal Analysis of Unfair Competition Between Notaries in The Perspective of The Code of Ethics of The Indonesian Notaries Association Malidu, Risma Safitri; Suwondo, Denny
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to determine and analyze the regulation of the notary's code of ethics, to determine and analyze the legal analysis of unfair competition of notaries in the perspective of the Indonesian Notary Association's code of ethics. The approach method in this study is the statute approach. This type of research is normative research. The type and source of data in this study are secondary data obtained through literature studies. The analysis in this study is perspective. The results of the study indicate that the regulation of the notary's code of ethics in Indonesia has a crucial role in maintaining the integrity and credibility of the notary profession as a public official who prepares authentic deeds. This code of ethics aims to ensure that every notary's action is based on the principles of professionalism, objectivity, and the interests of society and the state. Although there are regulations governing the code of ethics in the Notary Law and Government Regulations, its implementation still faces challenges, especially related to ethical violations in the field. Therefore, supervision and enforcement of the code of ethics require an active role from external institutions such as the Notary Supervisory Board, in addition to the internal mechanisms of the notary professional organization. The importance of an effective code of ethics also contributes to the creation of more transparent, accountable, and trustworthy public services. This will strengthen the legal position of notarial deeds in the Indonesian legal system. Referring to existing provisions, especially regarding the minimum honorarium for notaries set by the Indonesian Notary Association (INI) for the Southeast Sulawesi Region, regional administrators have the authority to file a lawsuit for breach of contract against notaries who charge an honorarium below the agreed standard. Based on Article 1655 of the Civil Code, administrators can act in court as either plaintiffs or defendants.Keywords: Code of Ethics; Unfair Competition; Notary
Legal Implications of Peace Agreement Deeds Made Before a Notary in Resolving Overlapping Land Disputes in The Indonesian Legal System Lestari, Sri; Suwondo, Denny
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study aims to determine and analyze the function of a notary based on his position in making a peace agreement deed, to determine and analyze the legal implications of a peace agreement deed made before a notary in resolving overlapping land disputes in the legal system in Indonesia. The research approach method used in this thesis is empirical legal research with a sociological legal approach method. The specifications of this study use qualitative descriptive. The types of data used in this study are primary data including the 1945 Constitution of the Republic of Indonesia, the Civil Code, Law Number 5 of 1960 concerning Basic Agrarian Provisions, Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, as well as secondary data containing books and other supporting documents. Collection of research data using interview techniques and document studies or library materials. The data analysis method used in analyzing data is qualitative analysis. The results of the study show that a Notary is a public official who has a great responsibility in ensuring the validity and fairness in making authentic deeds, one of the legal products made before a notary is a peace agreement deed. In carrying out his/her duties, a notary must be professional, honest, neutral and not take sides with any party in the legal acts he/she carries out. A peace agreement deed made before a notary in the Indonesian legal system is an authentic deed in the eyes of the law which can be used as evidence without relying on a decision, because the authentic deed has permanent legal force. and violations committed by the parties against the contents of the peace agreement can be directly executed based on the strength of legal standing.Keywords: Authentic Deed; Notary; Peace Agreement Deed.
Legal Analysis of the Legal Consequences of the Cancellation of the Deed of Land Sale and Purchase Agreement (Case Study of Case Number 154/Pdt.G/2022/PN.Smg) Syahputra, Muhammad Rizqi; Suwondo, Denny
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land sale and purchase is a reciprocal agreement involving the seller and the buyer. The content of the promise in question is where one party carries out its obligations, while the other party acknowledges it or promises to provide compensation if there is a violation of the contents of the contract. The agreement is intended as a preliminary agreement of the main intention of the parties to transfer land rights. The research approach method is a normative legal approach. A research method that obtains legal knowledge by emphasizing the provisions of applicable regulatory laws. This type of research is by examining library materials and secondary data including primary legal materials, secondary legal materials and tertiary legal materials, in the form of documents or applicable laws and regulations related to this approach method. Legal protection for the fulfillment of the rights of the parties if one party defaults in the sale and purchase agreement is highly dependent on the strength and binding sale and purchase agreement made. The law on Cancellation of the Sale and Purchase Agreement is that the parties may be subject to a fine of an amount that has been agreed upon from the amount that the buyer must pay to the seller or buyer, for each day of delay. Legal Considerations from the Judge on the Cancellation of the Deed of Sale and Purchase of Land Case Number 154/Pdt.G/2022/PN.Smg, According to the author, it is in accordance with the applicable legal regulations as explained by the author previously, where in this case the Agreement ends and as far as necessary both parties release themselves from what is stipulated in Article 1266 and Article 1267 of the Civil Code, and the Seller is obliged to return the money that has been paid by the Buyer after deducting a few percent from the selling price of the land and building as a replacement for the costs incurred by the Seller plus a fine that must be paid by the Buyer to the Seller.
Legal Position of Foreign Citizens Regarding Ownership of Land Ownership Rights by Inheritance Based on Notarial Deeds Kasih, Chintya Cinta; Suwondo, Denny; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims tounderstand and analyze the legal position of foreign citizens regarding the ownership of land ownership rights by inheritance based on a notarial deed, as well as analyze the form of notary responsibility for the transfer of ownership rights to land by inheritance to foreign citizens based on the deed he madeThe research method used is ynormative uridis with analytical descriptive research specifications. DThe data required includes primary data and secondary data using data collection techniquesdocumentation or literature study is then analyzed using qualitative approach.Based on the research results, it shows that kThe legal position of foreign citizens regarding indirect ownership of land with a notarial deed is that a person's civil rights to inheritance cannot be lost except due to actions that are detrimental to the inheritance of the heir (the person who died) as regulated in Article 838, Article 839, 832 and 852 of the Civil Code. The form of notary responsibility for the indirect transfer of land ownership rights to foreign citizens is that the notary, in carrying out his profession in providing services to the public, must act in accordance with applicable laws and regulations and the notary's code of ethics to guarantee the truth of his actions. Keywords: Citizens; Foreign; Heirs; Land; Property; Rights.
Notary's Responsibility for Land Sale and Purchase Agreement Deeds (PPJB) that Result in Default Satmoko Anggoro, Irawan; Suwondo, Denny
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) The Notary's responsibility for the deed of the Land Sale and Purchase Agreement (PPJB) which resulted in default. 2) Legal protection for parties who are harmed due to default in the implementation of the land PPJB made before a notary. This type of research is analytical descriptive research. The approach method in this research is sociological juridical. The type of data in this research is secondary data. The data collection method uses library techniques (document study). The analysis in this research is prescriptive. The results of the research concluded: 1) The Notary's responsibility for the deed of the Land Sale and Purchase Agreement (PPJB) which resulted in default, namely showing that the notary has legal, administrative, and moral responsibility for the legal consequences of the deed he made. Based on the decision, the notary was deemed negligent because he did not carry out his official obligations to act honestly, carefully, and impartially as regulated in Article 16 paragraph (1) letter a of the Notary Law. Therefore, the notary's responsibility in this case includes a legal obligation to restore the rights of the injured party, administrative responsibility for failing to maintain legal certainty, and moral responsibility for failing to be neutral in protecting parties acting in good faith. 2) Legal protection for parties who are harmed due to default in the implementation of the PPJB for land made before a notary is an effort by the state to guarantee certainty and justice for parties with good intentions. In the Decision of the Boyolali District Court Number 7/Pdt.G/2024/PN Byl, legal protection is provided to sellers who are harmed due to the buyer's default and the negligence of Notary/PPAT Sunarto, SH who continues to withhold the certificate even though the agreement has been null and void. Based on Philipus M. Hadjon's theory, legal protection in this case includes two forms, namely preventive and repressive. Preventive protection should be carried out by notaries through caution and clear legal explanations, while repressive protection is realized through court decisions that restore the rights of sellers. This case emphasizes the responsibility of public officials in maintaining legal certainty and substantive justice for parties with good intentions.