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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

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

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.