Articles
<![CDATA[PERAN DAN TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH DALAM PELAKSANAAN KEGIATAN PENDAFTARAN TANAH ]]>
<![CDATA[Suwondo, Denny]]>;
<![CDATA[Saputra, Iksan]]>
<![CDATA[ Jurnal Hukum Vol 35, No 2 (2019): Jurnal Hukum ]]>
Publisher : <![CDATA[Unissula ]]>
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DOI: 10.30659/jh.35.2.185-205
<![CDATA[The research objective was to determine the Roles and Responsibilities of Land Deed Making Officials in the Implementation of Land Registration Activities as well as the responsibilities of the sub-district head as land deed maker official. While the deeds he made, the approach method used in this study was juridical normative or literature law research or legal research. Doctrinal, namely legal research by examining library materials and secondary materials, which in this case relates to the roles and responsibilities of temporary land deed-making officials in organizing land registration activities. The results of the research show that the Land Deed Authorization Officer has a very important role in assisting the Head of the Land Office to register land. And because of that, it is hoped that a Land Deed Making Official has good spirit and mentality as well as professionalism in carrying out his position serving the community in making land deeds, so that a sense of security and comfort from the community can be created and the purpose of land registration itself can be realized.]]>
<![CDATA[Reconstruction of the Judicial Commission’s Authority in Promoting Judges with Integrity ]]>
<![CDATA[Widayati, Widayati]]>;
<![CDATA[Winanto, Winanto]]>;
<![CDATA[Haji Mohiddin, Mas Nooraini binti]]>;
<![CDATA[Suwondo, Denny]]>;
<![CDATA[Arpangi, Arpangi]]>;
<![CDATA[Nur Hidayat, Yudhi Taufiq]]>
<![CDATA[ Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum ]]>
Publisher : <![CDATA[Unissula ]]>
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DOI: 10.30659/jh.39.2.270-294
<![CDATA[The authority of the Judicial Commission (KY) to supervise judges is diminishing due to opposition from the Supreme Court judges and constitutional judges. Cases of corruption and bribery involving Supreme Court judges and constitutional judges indicate that external oversight by the KY is crucial to maintaining judges' honor, dignity, and behavior. This research discusses the importance of external supervision in realizing the integrity of judges. The research uses a normative juridical approach, which examines norms or legal rules as a structure of norm systems related to a legal event. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Based on the analysis, it is concluded that: 1) Supervision of judges, both internally and externally, is necessary and crucial to prevent them from abusing the freedom or independence given to them. Various cases of bribery and corruption involving judges indicate that without external supervision, there will be a risk of abuse of power. 2) KY, as an external supervisor, also needs to be given authority to select not only Supreme Court judges but judges at all levels of the judiciary within the Supreme Court. 3) KY conducts external monitoring of all judges, including judges to the Supreme Court and constitutional judges, to ensure the integrity of the judiciary. In order to ensure the optimal operation of KY's authority, KY representatives need to be established in provinces and districts/cities since judges are distributed throughout Indonesia both in provinces and districts/cities.]]>
<![CDATA[The Legal Protection of Personal Data in Islamic Perspective ]]>
<![CDATA[Suwondo, Denny]]>
<![CDATA[ International Journal of Law Reconstruction Vol 7, No 2 (2023): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v7i2.33648
<![CDATA[The protection of personal data is a public right that must be protected, even in Islam through the words of the Prophet Muhammad SAW, advocating peace by promoting attitudes of mutual respect, respect and love for fellow human beings. This attitude must be practiced among other religious communities, not only among Muslims. The research purposes to discuss specifically the regulation of personal data protection in Indonesia and personal data protection from an Islamic perspective. The type of research used in this research is normative juridical or library legal research or doctrinal legal research, namely legal research by examining library materials and secondary materials. In the view of the Islamic perspective regarding the protection of personal data is monitored as an endeavor to maintain the benefit of individuals and society in the use of information technology and can be considered as an implementation of the principle of benefit in Islam.]]>
<![CDATA[Comparative Distribution of Inheritance Assets Against Adopted Children Based on the Compilation of Islamic Law and Civil Law ]]>
<![CDATA[Aulia, Febriana Putri]]>;
<![CDATA[Kusriyah, Sri]]>;
<![CDATA[Suwondo, Denny]]>
<![CDATA[ Jurnal Konstatering Vol 4, No 3 (2025): July 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Abstract. This study aims to examine and analyze the legal status of adopted children regarding the distribution of inheritance assets in terms of the Compilation of Islamic Law and Civil Law, as well as to analyze the responsibilities of Notaries in making wills for adopted children. The approach method used in this study is a normative juridical approach. The specifications of this study use descriptive analysis. The type of data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method uses literature studies. The data analysis method used in this study uses qualitative analysis methods. The research results show that the distribution of inheritance to adopted children differs. This provision can be seen from the perspective of the Compilation of Islamic Law, as regulated in Article 209 of the Compilation of Islamic Law, which states that "...The granting of inheritance to adopted children through a mandatory will is a maximum of â…“ of the inheritance assets "based on the decision of the Religious Court, then the mandatory will deed is made by a Notary,while the distribution of inheritance to adopted children referring to Staatsblad 1917 Number 129 considers adopted children to be equal to biological children but according to the Civil Code the child cannot be an heir so that in the inheritance of adopted children can be given the inheritance of adoptive parents through a testament by considering Legitimie Partice. The main difference between these two perspectives is that in the Compilation of Islamic Law the granting of inheritance to adopted children is limited to no more than 1/3 of the portion through a mandatory will, while in Staatsblad 1917 Number 129 adopted children are given the same rights as biological children. However, both have similarities, namely they have the right to receive property from their biological parents but the granting is done in different ways.]]>
<![CDATA[Legal Analysis of Unfair Competition Between Notaries in The Perspective of The Code of Ethics of The Indonesian Notaries Association ]]>
<![CDATA[Malidu, Risma Safitri]]>;
<![CDATA[Suwondo, Denny]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[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]]>
<![CDATA[Legal Implications of Peace Agreement Deeds Made Before a Notary in Resolving Overlapping Land Disputes in The Indonesian Legal System ]]>
<![CDATA[Lestari, Sri]]>;
<![CDATA[Suwondo, Denny]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[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.]]>
<![CDATA[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) ]]>
<![CDATA[Syahputra, Muhammad Rizqi]]>;
<![CDATA[Suwondo, Denny]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[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.]]>
<![CDATA[Legal Position of Foreign Citizens Regarding Ownership of Land Ownership Rights by Inheritance Based on Notarial Deeds ]]>
<![CDATA[Kasih, Chintya Cinta]]>;
<![CDATA[Suwondo, Denny]]>;
<![CDATA[Hafidz, Jawade]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[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.]]>
<![CDATA[Legal Implications of Notary's Responsibility for Unlawful Acts in The Making of Authentic Deeds ]]>
<![CDATA[Purwanti, Indah]]>;
<![CDATA[Suwondo, Denny]]>
<![CDATA[ Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025 ]]>
Publisher : <![CDATA[Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung ]]>
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DOI: 10.30659/sanlar.7.4.329-337
<![CDATA[Notaries as public officials are legally authorized to provide public services to the community, especially in the preparation of valid deeds that serve as flawless evidence. Article 1868 of the Civil Code stipulates that an authentic deed is a deed made in a form determined by law by or before a public official authorized for that purpose at the place where the deed was made. This thesis aims to determine the legal considerations of a Notary's unlawful acts in making authentic deeds and to determine the implications of notary liability for unlawful acts in making authentic deeds (Civil Case Study No. 259/Pdt.G/2020/PN Gin). The approach method used in this research is a normative juridical approach. The research specifications used are descriptive analysis, primary and secondary data sources, and qualitative analysis. This paper analyzes the problem with the theory of legal certainty and the theory of legal responsibility. Based on the research results in this study, the Gianyar District Court delegation Number 259/Pdt.G/2020/PN Gin emphasized that notaries as public officials have full responsibility for the accuracy of the form and content of the deeds they make. In this case, the notary was deemed negligent because he made several deeds used to legalize the "borrowed name" agreement between a foreign citizen and an Indonesian citizen, which is clearly prohibited by Article 26 paragraph (2) of the UUPA. Although the deed met the formal requirements, its substance was contrary to the law so that it was null and void and lost its authenticity. This negligence fulfills the elements of an unlawful act based on Article 1365 of the Civil Code and violates the obligations of office in Law Number 2 of 2014 concerning the Position of Notary. This decision emphasizes that notaries can be held accountable for civil, administrative, and criminal matters when the deeds they make cause losses and are contrary to the law. Therefore, notaries are obliged to uphold the principles of caution, honesty, and integrity to ensure that every deed is formally and substantially valid, so as to be able to realize legal certainty and justice for the community.]]>
<![CDATA[Notary's Responsibility for Land Sale and Purchase Agreement Deeds (PPJB) that Result in Default ]]>
<![CDATA[Satmoko Anggoro, Irawan]]>;
<![CDATA[Suwondo, Denny]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[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.]]>
