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Journal : TABELLIUS

The Position of Land Certificates as Proof of Ownership in Resolving Land Rights Disputes in Mining Areas Pondiu, Rifky Rachel; Prayitno, Ahmad Hadi
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. The position of land certificates as proof of ownership in resolving land rights disputes in mining areas still has problems, namely the emergence of perceptions that are dismissive of authentic deeds. In fact, this will give rise to the dynamics of land law in society. The objectives of this study are to analyze: 1). The legal force of the land certificate is examined in relation to land rights in the mining business permit area. 2). The role of Notaries in using land certificates as proof of ownership. The approach method used in discussing this research problem is a normative juridical research type.The research specification used is analytical descriptive research. The type of data uses primary and secondary data. The data analysis method used in this study is qualitative data analysis. The results of the study concluded: First, theoretically the position of SKT is a weak evidence, because it is made underhand without going through a legalization process by a Notary official, considering that only a Notary can issue an authentic deed. Second, there is a gap between theory and practice, with the reason that in practice judges often disregard authentic deeds in adjudicating land dispute cases. This can be seen in Decision Number: 24 / G / 2014 / PTUN.KDI and Decision Number: 27 / G / 2016. PTUN. KDI. Keywords: Land Certificate; Notary; Ownership. 
Notary Protection of Authentic Deeds as Evidence in Criminal Cases Santoso, Irwan; Prayitno, Ahmad Hadi
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. The purpose of this study is to determine and analyze the implementation of notarial protection for authentic deeds as evidence in criminal cases, to determine and analyze the obstacles and solutions to the implementation of notarial protection for authentic deeds as evidence in criminal cases. The research method used in this thesis is the sociological legal method. The results of the study indicate that: Obstacles to legal protection for notaries as public officials if indicated in a criminal case, which is regulated in this Law. Authentic deeds that must still be made and stored conventionally. Currently there are no regulations regarding the clarity of notarial actions that can be categorized as unlawful acts when carrying out their duties and responsibilities. The legal protection for notaries when carrying out their duties and responsibilities is not yet clear. There is no legal certainty that there are limitations in filing lawsuits by the parties when a violation of the law occurs by a notary, which of course must first be based on the results of the examination and determination of the Regional Supervisor/Regional Supervisor regarding the truth of the violation of the Notary Code of Ethics when carrying out their duties and responsibilities. Thus, a solution was drawn to overcome this, namely creating a mechanism regarding the obligation to provide evidence by the Notary Supervisor at the regional level so that the determination of the MPN becomes the basis for the parties to be able to file civil or criminal lawsuits.Keywords: Authentic Deed; Criminal Case; Legal Protection; Notary.
Legal Status of Authentic Deeds Made by a Notary and Proposed to be Dishonorably Dismissed (Study of Decision Number: 200 Pk/Tun/2022) Prasetya, Arnasteisya Putri; Bawono, Bambang Tri; Prayitno, Ahmad Hadi
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 criminal violations that may serve as the basis for dishonorable dismissal of a Notary, the relationship between such violations and the administrative aspects of the notarial office, the dismissal procedure, and the legal standing of authentic deeds made by a Notary proposed for dishonorable dismissal. The research method employed is normative legal research with statutory and conceptual approaches, using literature review and documentation, and analyzed qualitatively. The findings indicate that criminal violations committed by a Notary may lead to dishonorable dismissal as they undermine the dignity of the profession and affect the administrative aspects of the notarial office. The dismissal procedure is carried out through recommendations from the Central Supervisory Council and finalized by the Minister of Law and Human Rights. Authentic deeds made by a Notary during the period of proposed dismissal remain valid and possess full evidentiary strength as long as they meet formal and material requirements, as affirmed in Supreme Court Decision No. 200 PK/TUN/2022. However, the study also reveals normative ambiguities among the Notary Office Act, Bankruptcy Act, Civil Code, and Criminal Procedure Code, which result in multiple interpretations and legal uncertainty. Therefore, reformulation and harmonization of legislation are necessary to ensure legal certainty, strengthen the integrity of the notarial profession, and protect public interests.
Legal Implications of Underhand Agreements Between Hospitals and Medical Device Distributors Mekarsari, Septi Wahyuning; Prayitno, Ahmad Hadi; Laksana, Andri Winjaya
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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Procurement of medical devices is an important part in supporting health services in hospitals. In practice, cooperation between hospitals and distributors of medical devices is often stated in the form of private agreements without involving a notary. This study aims to analyze the legal implications of private agreements in the event of a breach of contract between hospitals and distributors of medical devices, both from the perspective of civil law and health law, and to provide legal recommendations as a reference for dispute resolution. The type of research used is sociological juridical research with a case study at RSAU dr. Yuniati Wisma Karyani Natuna. The research specifications are descriptive analysis, the types of data used are primary data, secondary data, primary legal materials, secondary legal materials and tertiary legal materials, then the data collection method is by interviewing health workers at RSAU dr. Yuniati Wisma Karyani Natuna, and the analysis method in this study is qualitative analysis. The results of the study indicate that private agreements still have binding legal force as long as they meet the legal requirements of the agreement as regulated in Article 1320 of the Civil Code. However, the agreement has limitations in terms of evidentiary power compared to authentic deeds. In the event of a breach of contract, the injured party has the right to demand fulfillment of the contractual obligations, compensation, cancellation of the agreement, or transfer of risk. From a health law perspective, a breach of contract has the potential to compromise the quality of healthcare services and patient safety, thus requiring the hospital to retain legal responsibility for the provision of healthcare services. Therefore, this study recommends that cooperation agreements be drawn up in the form of an authentic deed or at least legalized.