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All Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung Jurnal Konstatering TABELLIUS
Hasana, Dahniarti
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Legal Review of the Four Orderly Land Procedures in the Field of Absentee Land Ownership Setyawan, Joseph Ryan; Hasana, Dahniarti
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract.This study aims to analyze: 1) Implementation of the Catur Tertib Pertanahan policy on absentee land ownership in Demak Regency. 2) Obstacles and solutions in the implementation of the Catur Tertib Pertanahan program in overcoming absentee land ownership in Demak Regency. This type of research is included in the scope of empirical legal researcp. The approach method in this study is a sociological legal approacp. The types of data in this study are primary and secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses interview and literature techniques (study documents). The analysis in this study is prescriptive. The results of the study concluded: 1) The implementation of the Catur Tertib Pertanahan policy on absentee land ownership in Demak Regency aims to create legal certainty, equal distribution of land control, and optimal land use in accordance with the principles of social justice. Various regulations have regulated the prohibition of absentee land ownership, including Law Number 5 of 1960 concerning Basic Agrarian Regulations and Government Regulation Number 224 of 1961. Local governments, through the National Land Agency (BPN) and related agencies, conduct data collection, supervision, and land redistribution to ensure that land owned absentee can be allocated to farmers who need it more. However, the implementation of this policy still faces various challenges, especially in terms of law enforcement, land administration, and social and cultural factors in the community. 2) The implementation of this program faces several obstacles, including legal loopholes that allow landowners to avoid regulations, weak law enforcement, and lack of validity of land ownership data. In addition, limited coordination between institutions and low legal awareness in the community also hamper the effectiveness of this policy. To overcome these problems, solutions that can be applied include revising regulations to strengthen rules and sanctions, increasing supervision through digital systems, and optimizing coordination between local governments, BPN, and law enforcement. Education and outreach to the community also need to be improved so that understanding of this policy is broader. With these various strategic steps, the implementation of the Catur Tertib Pertanahan in Demak Regency can run more effectively in overcoming absentee land ownership, so that land distribution becomes fairer and its utilization is more optimal.Keywords: Absentee Land; Election; Land; Rights; Orderly Chess.
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 Certainty of Marriage Agreements that Were Not Registered After the Constitutional Court Decision Number 69/Puu-Xii/2015 Marhongki, Hendri; Hasana, Dahniarti
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The Marriage Law has facilitated couples to make marriage agreements. Before the Constitutional Court Decision No. 69/PUU–XII/2015, the public was more familiar with it as a prenuptial agreement. Basically, the creation of a marriage agreement regulates the assets owned by each husband and/or wife before the marriage takes place, during the implementation of the marriage relationship, the division of responsibilities for paying debt agreements, the transfer of assets, and the division of assets in the event of a divorce. 2 As stated in Article 29 paragraph (1) of the Marriage Law which states that both parties (husband and wife) with mutual consent can enter into a written marriage agreement which agreement will then be ratified by a marriage registrar. The marriage agreement will also apply to third parties if there is a connection found in the contents of the agreement. The research method used is normative legal research. The approach method used in this research is a case study approach and a statutory approach. Data analysis is an activity in research that takes the form of conducting a study of the results of data processing. Before the Constitutional Court Decision Number 69/PUU-XIII/2015, the legal status of a marriage agreement made by a husband and wife after the marriage took place was bound by the provisions of Article 29 of the Marriage Law, namely invalid and non-binding, unless based on a court decision requested by the husband and wife before making the marriage agreement. So without a court decision, the marriage agreement made during the marriage bond is invalid and non-binding. But after the Constitutional Court Decision Number 69/PUU-XIII/2015, the status of a marriage agreement made by a husband and wife during the marriage bond is valid and binding, both to both parties, as well as to third parties as long as the third party is involved.
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.
notary's responsibility in making a deed of grant that is cancelled due to legal defects Fahmi, Ismail; Hasana, Dahniarti
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study analyzes the cancellation of a deed of gift declared legally flawed and its implications for the position and accountability of a Notary, particularly when the Notary holding the protocol is also sued in an inheritance dispute. The study uses a normative legal research method with a statutory, conceptual, and case approach through a study of Decision Number 2193 K/Pdt/2018. Data are sourced from secondary legal materials obtained through literature studies and analyzed descriptively-analystically. The results of the study indicate that the withdrawal of the Notary holding the protocol as a co-defendant is administrative and pragmatic, primarily for the purposes of proving the minutes of the deed and avoiding the exception of lack of parties. The Notary's liability for the cancellation of a deed of gift is limited and can only be requested if there is proven error or negligence in fulfilling the formal obligations of the position. Legal protection for heirs is realized through the cancellation of a legally flawed deed of gift, the restoration of the status of the object of the gift as a boedel heir, and the strengthening of the precedent of caution in making a deed of gift so as not to eliminate inheritance rights.
Legal Implications of Credit Deed Agreements Without Legalization at Banks Renjana, Abhinaya Rai; Taufiq, Muhammad; Hasana, Dahniarti
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze the legal force and legal implications of credit agreements without notarial legalization on legal protection for banks and debtors at the Central Java Regional Development Bank. This study uses an empirical legal method with a statutory and sociological legal approach to examine legal provisions normatively and their application in practice. Data were obtained through interviews and observations as primary data, and literature studies as secondary data. Based on the results of the study, it is concluded that credit agreements without notarial legalization remain valid as long as they meet the requirements for a valid agreement according to the Civil Code, but have limitations in evidentiary power and executorial certainty compared to authentic deeds. From the perspective of legal protection, banks as creditors obtain relative protection and depend on internal control mechanisms, while debtors do not receive the guarantee of independent verification as in notarial legalization. This condition indicates implications for the level of legal certainty for parties in credit practices.
Notary Public's Responsibility for Self-Promotion Practices Through Social Media Reviewed from the Notary Code of Ethics and the Notary Law Areta, Azzahra Lintang; Darmadi, Nanang Sri; Hasana, Dahniarti
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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A notary is a public official authorized to create authentic deeds. Therefore, all activities undertaken by a public official must comply with existing regulations. Notaries are governed by the Notary Code of Ethics and the Notary Law. One important provision within these provisions prohibits self-promotion through social media. The purpose of this study is to determine the legal consequences of notary promotion through social media and to understand the process of handling notary promotion through social media codes of ethics, as reviewed by the Notary Code of Ethics and the Notary Law. To achieve the research objectives, the author employed a normative legal research method, which utilizes library materials as primary data for case analysis without conducting fieldwork. This type of research is also known as research that focuses on the study of legal principles, legislation, and relevant legal literature. The research results show that examples of actions taken by notaries as a form of self-promotion through social media are through websites, social media (TikTok, Instagram), webinars, and seminars. In addition, Article 4 paragraph 3 of the Notary Code of Ethics also states that notaries are prohibited from conducting self-promotion in any form, including through social media. Therefore, legal consequences for notaries who continue to promote themselves through social media will be subject to sanctions based on violations of the Notary Code of Ethics and the Notary Law. The process of handling violations of the notary promotion code of ethics on social media involves supervision by two institutions: the Honorary Council and the Supervisory Board. The Honorary Council's main task is to supervise the implementation of the Notary Code of Ethics. Meanwhile, the Supervisory Board not only supervises the implementation of the Notary's job duties to ensure they comply with the provisions of the Notary Law, but also the Notary Code of Ethics and the Notary's behavior or life behavior.
Co-Authors Aini, Maghfiroh Areta, Azzahra Lintang Dardiri, Ismail Fahmi, Ismail Jawade Hafidz Kathrin Makdalena BR Siregar, Widya Kurniasari, Mei Ayu Laksono, Ruananda Kharismatika Lestari, Yulia Marhongki, Hendri Muhammad Taufiq Muj'taba, Sabiq Nabila, Aliffia Alfi Nanang Sri Darmadi Nur Fitria Dewi, Feni Nurani, M. Syaefudin Peni Rinda Listyawati, Peni Rinda Renjana, Abhinaya Rai Setyawan, Joseph Ryan Subaktiar, Eka Sulistianto, Bayu Syabbani, Maulana Zakki Syafi'I, Muhammad Yusuf