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All Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung Jurnal Konstatering TABELLIUS
Hasana, Dahniarti
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Implementation of The Precautionary Principle In The Making of Land Deeds To Avoid This Occurrence Land Certificate Duplication In Ambon City Syafi'I, Muhammad Yusuf; Hasana, Dahniarti
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study examines the application of the precautionary principle by Land Deed Officials (PPAT) in making land deeds to prevent duplication of land certificates in Ambon City. Duplication of land certificates is a serious problem in Ambon City with 8 cases recorded in the last 14 years (2010-2023), although the number is smaller compared to big cities in Indonesia. This situation is exacerbated by several factors unique to Ambon City, namely the customary land ownership system (petuanan land/state land), the impact of the 1999 social conflict which caused many land documents to be damaged or lost, and weaknesses in land administration. The study used an empirical legal method with a statutory and conceptual approach. Data were obtained through interviews with PPAT and officials of the Ambon City Land Office, as well as documentation studies. The results of the study indicate that PPAT in Ambon City has implemented the principle of prudence through several steps: checking the identity and authority of the parties, checking the validity of land certificates, verifying supporting documents, coordinating with the Land Office and related agencies, providing legal counseling to the parties, and refusing to make a deed if there is an indication of incorrect data. Efforts to improve the effectiveness of the implementation of the precautionary principle include: increasing science and knowledge, modernizing the land service system, standardizing services and procedures, empowering professional organizations, strengthening law enforcement, and strengthening supervision and coaching mechanisms. Based on the SWOT analysis, increasing the effectiveness of the implementation of the precautionary principle of PPAT in Ambon City requires a comprehensive approach by utilizing existing strengths and opportunities, as well as overcoming weaknesses and anticipating threats.Keywords: Duplication of Certificates; Land Deed; Principle of Prudence; PPAT.
Notary's Responsibility for Deeds That Have Been Canceled by the Court Subaktiar, Eka; Hasana, Dahniarti
TABELLIUS: Journal of Law Vol 1, No 4 (2023): December 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Notary's Responsibility for Loss of Minutes of Deed Due To Negligence Dardiri, Ismail; Hasana, Dahniarti
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The implication of the Notary's obligation to keep the minutes of the deed, if the minutes of the deed are lost due to his or his employees' carelessness, it can be said that the Notary has not carried out his obligations, and is subject to sanctions ranging from written warnings to dishonorable dismissal. The purpose of this study is to determine and analyze: 1). The Notary's responsibility for the loss of minutes of the deed due to his negligence. 2) Application of Notary Sanctions whose Negligence Resulted in the Loss of Minutes of the Deed and the Obligation to Keep Minutes of the Deed. The approach method in this study is sociological juridical. The data used are primary and secondary data obtained through interviews and literature studies. The technique of collecting legal materials in this study is by using observation techniques, interviews and literature review techniques (document studies) while the data analysis method is carried out using descriptive analytical methods. The results of the research concluded: 1) The role and responsibility of a Notary in resolving the problem of the loss of minutes of a deed due to negligence is in accordance with Article 16 paragraph (1) letter b of the Notary Law, namely making a deed in the form of minutes of a deed and storing it as part of the Notary Protocol. In resolving the loss of minutes of a deed, one of the ways is to compensate the parties, if the parties are harmed by the Notary concerned, while sanctions for Notaries who are negligent in storing the minutes of a deed they have made can be subject to sanctions in the form of verbal warnings, written warnings, temporary dismissal, honorable dismissal and dishonorable dismissal. 2) Legal implications for Notaries who due to their negligence result in the loss of minutes of a deed, namely they can be subject to sanctions, as stated in Article 9 paragraph (1) letter d of the UUJN, namely temporary dismissal from their position as Notaries for violating the obligations and prohibitions of their position. Notaries in carrying out their position must remember that the deed made by or before them is an Authentic Deed. The Authentic Deed is in the form of minutes of the deed which becomes a State Document/Archive and the agreement stated therein becomes law for those who make it. If the Notary in making the deed does not comply with the applicable laws and regulations, in this case it is not in accordance with the UUJN, then the Notary's actions can be qualified as an unlawful act. Unlawful Acts are regulated in Articles 1365 to 1380 of the Civil Code. Article 1365 states that every unlawful act that causes loss to another person causes the person who is wrong to issue the loss to compensate for the loss.
Legal Impact of Exoneration Clauses in Standard Contract Deeds with High Legal Risk Nur Fitria Dewi, Feni; Hasana, Dahniarti
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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This study aims to analyze: 1) The position of the exoneration clause in a standard agreement deed according to the provisions of positive law in Indonesia. 2) The legal impacts arising on the parties of the exoneration clause included in a standard agreement deed that contains high legal risks. This type of research is normative legal research. The approach method in this study is the statute approach. The type of data in this study is secondary data. The data collection method uses library techniques (study document). The analysis in this study is prescriptive. The results of the study concluded: 1) The position of the exoneration clause in a standard agreement deed according to the provisions of positive law in Indonesia is legally very limited because it has the potential to eliminate the responsibility of business actors and create an imbalance in bargaining positions in contractual relationships. Although the principle of freedom of contract is recognized in Article 1338 of the Civil Code, the exoneration clause cannot be enforced if it is contrary to the law, public order, morality, and the principle of good faith. This provision is reinforced by sectoral regulations such as POJK 1/POJK.07/2013, air transportation regulations, and various other provisions that emphasize that business actors' responsibilities cannot be transferred through agreements. Jurisprudence such as the Bandung High Court Decision Number 459/PDT/2018/PT.BDG and the Supreme Court Decision Number 1391 K/Pdt/2011 also demonstrate the courts' consistency in rejecting the validity of exoneration clauses that are drafted unilaterally and are detrimental to the weaker party. 2) The legal impact that arises for the parties if the exoneration clause is included in a standard agreement deed that contains high legal risks is that the clause has broad legal consequences because it contradicts the principles of justice, propriety, and the provisions of Article 1337 of the Civil Code and Article 18 of the Consumer Protection Law. In civil law, this clause is generally declared invalid and non-binding. Administratively, business actors can be subject to sanctions by sector regulators such as the Financial Services Authority (OJK), the Ministry of Transportation, or insurance authorities. Notaries who leave such clauses in deeds also risk facing administrative liability.
Co-Authors Aini, Maghfiroh Dardiri, Ismail Jawade Hafidz Kathrin Makdalena BR Siregar, Widya Kurniasari, Mei Ayu Laksono, Ruananda Kharismatika Lestari, Yulia Marhongki, Hendri Muj'taba, Sabiq Nabila, Aliffia Alfi Nanang Sri Darmadi Nur Fitria Dewi, Feni Nurani, M. Syaefudin Peni Rinda Listyawati, Peni Rinda Setyawan, Joseph Ryan Subaktiar, Eka Sulistianto, Bayu Syabbani, Maulana Zakki Syafi'I, Muhammad Yusuf