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Journal : TABELLIUS

Effectiveness of the Complete Systematic Land Registration Program (PTSL) In Rembang Regency Dinata, Rendi Apri; Riyanto, Taufan Fajar
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. This study aims to analyze: 1) The implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency. 2) Obstacles and solutions to the implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency. This type of research is sociological juridical research. The approach method in this study is a descriptive analytical approach. The types of data in this study are primary data and secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses field studies and literature studies. The analysis in this study is qualitative. The results of the study concluded: 1) The implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency, especially Sarang District, was carried out in accordance with Presidential Instruction Number 2 of 2018 and Regulation of the Minister of ATR/BPN Number 6 of 2018, with effective coordination between the BPN, local government, village officials, and the community. The 100% target by 2024 was achieved, providing positive impacts in the form of legal certainty, protection of ownership rights, orderly land administration, increased access to financing, and public legal awareness. This PTSL is in line with the theory of legal certainty, legal protection, the legal system, law enforcement, and the principles of Islamic justice that affirm equal rights to land. 2) Obstacles to PTSL in Rembang Regency include: (a) administrative-technical, such as mistaken identity, differences in measurement results, and overlapping land plots; (b) socio-economic, such as the burden of non-BPN costs, low understanding of the benefits of certificates, and misperceptions regarding taxes; and (c) regulatory-implementation, such as suboptimal electronic certificates and lack of initial mapping of land plots. Solutions taken include strict document verification, additional measuring personnel, strengthening the role of village officials, re-measurement, community-based outreach, subsidies for non-BPN costs, NJOP-based tax education, and expanding the implementation of integrated e-certificates based on spatial and legal data. Keywords: Effectiveness; Land Registration; PTSL. 
Legal Consequences of Sale and Purchase Using Guardianship Declaration Made by Not an Authorized Official Firdaus, Mohamad Bayu; Riyanto, Taufan Fajar
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. Land sale and purchase transactions involving minors must meet certain legal requirements, including the use of a valid guardianship letter. However, in practice, it is still found that the use of a Guardianship Certificate made by someone other than an authorized official does not meet the provisions of the law, thus causing legal consequences for the validity of the deed of sale and purchase. The purpose of this study is to analyze the considerations of the panel of judges in Decision Number 100/Pdt.G/2021/PN.Skt which cancels the sale and purchase of land rights using a guardianship certificate made not by an authorized official, and to analyze the legal consequences of the sale and purchase deed using a guardianship certificate made not by an authorized official. This study uses a normative legal research type which is carried out by examining library materials or secondary data. The data analysis method used in this study is qualitative with the Statute Approach method and the Case Approach. The results of this study are that the Sale and Purchase Deed Number is considered legally invalid because at that time one of the selling parties had not reached the age recognized by law to enter into an agreement. The Panel of Judges canceled the sale and purchase transaction using a guardianship certificate made not by an authorized official which was considered legally invalid because it did not fulfill the correct legal procedures related to the guardianship of minors, resulting in the sale and purchase deed and land ownership certificate products being legally invalid.Keywords: Certificate of guardianship; Deed of sale and purchase; Legal consequences.
Legal Protection for the First Certificate Holder Upon the Issuance of a Duplicate Certificate Mubarok, Mohammad Ibnu; Riyanto, Taufan Fajar
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. This study aims to analyze the legal protection for the first certificate holder in the case of the issuance of duplicate certificates and to determine the factors causing the emergence of duplicate certificates and how the Supreme Court's legal considerations in Decision No. 189K/Pdt/2011. This type of research is normative juridical with a statutory, conceptual, and case approach. The results of the study indicate that the first certificate holder has strong legal protection and its position is recognized as more legitimate than subsequent certificates. The causes of the issuance of duplicate certificates include administrative errors, negligence, or unlawful acts. The Supreme Court's considerations in the decision emphasize that the first certificate must take precedence for legal certainty. Thus, legal protection for the first certificate holder is an important part of ensuring legal certainty in the Indonesian land system. Keywords: Certificates; Dual Certificates; Legal Certainty; Legal Protection. 
Legal Consequences of Differences in Transaction Values in Land Sales and Purchase Deeds and the Real Prices Before The Land Deed Official Moertihari, Safira Karenina; Riyanto, Taufan Fajar
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. This study aims to determine and analyze the legal consequences arising from the difference in transaction value in the land sale and purchase deed with the real price before the Land Deed Making Officer and to determine and analyze the legal responsibility for the Land Deed Making Officer (PPAT) for the difference in transaction value with the actual price in the Sale and Purchase Deed (AJB). This study is an empirical normative legal research, namely legal research on legal norms, legal practices and also common legal behaviors and finding legal opinions and explaining legal realities that are descriptive and value-free. The formulation of the problem that the researcher took was what are the legal consequences of the sale and purchase deed made by the PPAT related to the difference in the price that is not actual and what are the legal consequences of the sale and purchase deed that does not correspond to the real price. The results of the study explain that the validity of the Sale and Purchase Deed (AJB) made by the Land Deed Making Officer (PPAT) related to the difference in the price that is not actual causes the deed to be legally flawed. Legal consequences The difference in transaction value in the land sale and purchase deed with the real price gives rise to legal consequences in the fields of taxation and criminal law. Keywords: Differences in Transaction Value; Land Deed Making Officials; Land Sale and Purchase Deeds; Legal Consequences; Real Price.
Optimizing the Implementation of Complete Systematic Land Registration (PTSL) at the Land Office as an Effort to Accelerate Land Registration Purwantoko, Gilang Riyan; Darmadi, Nanang Sri; Riyanto, Taufan Fajar
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: 1 Efforts to optimize the implementation of PTSL as a step to accelerate land registration in Grobogan Regency. 2) Obstacles and solutions in the implementation of PTSL in Grobogan Regency. This type of research is empirical legal research. The approach method in this research is a qualitative approach. The types of data in this research are primary and secondary data. The data collection method uses observation, interviews and library techniques (document study). The analysis in this research is descriptive. The results of the study concluded: 1) Efforts to optimize the implementation of PTSL as a step to accelerate land registration in Grobogan Regency have shown effective and targeted performance, despite being implemented in diverse social, geographical, and administrative conditions. This optimization is reflected in strengthening the regulatory basis, increasing human resource capacity, intensifying outreach to the community, adjusting technical methods of measurement and mapping, validating and digitizing land administration data, and strengthening coordination between stakeholders. The gradual implementation of PTSL, both during the high target of Fiscal Year 2024 and the limited target of Fiscal Year 2025, is still able to produce tangible outputs in the form of issuance and delivery of land title certificates and increasing public participation and legal awareness. 2) Obstacles in the implementation of PTSL in Grobogan Regency are still influenced by low public understanding and participation, limited human resources at the Land Office, difficult geographical conditions and field terrain, distance and accessibility of villages far from the center of government, disorderly village land administration especially related to Letter C, potential land boundary disputes, and limited financing capacity of underprivileged communities. To overcome these obstacles, operational and contextual solutions are needed, including increasing socialization and counseling of village-based land law, optimizing the work of officers and involving third parties in a controlled manner, adjusting measurement techniques according to geographical conditions, implementing outreach services, strengthening the role of village governments in land administration arrangements and verifying legal data, facilitating land boundary deliberations, and transparency and supervision of PTSL financing, so that the implementation of PTSL is not only oriented towards achieving targets, but also able to improve the quality of land registration and legal certainty of land rights for the community in a sustainable manner.
When Land and Building Acquisition Taxes Are Due Based on a Sales and Purchase Agreement Pamungkas, Hamka Sesario; Purnawan, Amin; Riyanto, Taufan Fajar
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 principle of transfer of land rights in the sale and purchase of land rights as a basis for determining the time of BPHTB debt and analyzing the legal aspects regarding PPJB as a basis for determining the time of BPHTB debt. This study uses a 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 prescriptive. Based on the study, it is concluded that, when viewed from the perspective of national land law based on customary law, the time of transfer of land rights from the seller to the buyer is more appropriately interpreted as the time when the AJB is made and signed before the PPAT because it reflects the principle of clear and cash, which then the time of transfer of rights becomes the time when the BPHTB tax is owed and is the object of BPHTB as referred to in the provisions of Article 44 paragraph (1) of the HKPD Law. However, when viewed from the aspect of national development, the implementation of norms when BPHTB is owed based on PPJB as regulated in Article 49 letter a of the HKPD Law and its transitional provisions in Article 18 paragraph (2) letter a of the PP KUPDRD aims to close legal loopholes in the efforts of regional governments to increase tax revenue sourced from BPHTB as one of the instruments of fiscal decentralization. According to the Constitutional Court decision Number 117/PUU-XXI/2023 dated September 12, 2024, PPJB can have legal consequences for the transfer of rights from the seller to the buyer as long as the buyer has paid the land price in full and the buyer has taken control of the object of the sale and purchase and is carried out in good faith.
Implementation Of The Principle Of Publicity In The Complete Systematic Land Registration Program From The Perspective Of Legal Certainty In Semarang City Yusuf, Fayeza Nafesyah; Riyanto, Taufan Fajar; Arifulloh, Achmad
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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The aim of this research isto analyze the implementation of the principle of publicity in the PTSL program has not been able to guarantee legal certainty at the Semarang City Land Office, and the factors that hinder it. The research method used in this study is: the type of research used in this study is empirical legal research, the approach method used is the structural approach and Economic Analysis of Law. The data used is primary data with qualitative descriptive data analysis. The results of the study show that the implementation of the principle of publicity in the PTSL program has not been able to guarantee legal certainty at the Semarang City Land Office, because it uses a negative publication system with positive elements as regulated in Article 24 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning PTSL. This means that the State does not guarantee the accuracy of the data presented. For landowners, even though they have been listed as landowners in the certificate, they can still face the possibility of being sued in court by parties who have an interest in the land, meaning that the land title certificate can still be canceled. In 2022-2023, there were 111 certificate lawsuits that were decided by the Semarang District Court Judge, and 16 certificates were canceled by the Semarang State Administrative Court. The inhibiting factors can be seen from 3 (three) angles, namely: First, the legal substance (substance of the law), there are weaknesses in Article 24 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning PTSL, related to the use of a negative publication system with positive elements, this causes legal uncertainty, because there is still a possibility of court lawsuits from parties who feel they have an interest in the land; Second, the legal structure (structure of law), namely the limited implementing resources, especially survey officers and administrative staff; and Third, legal culture (legal culture), namely the level of community participation is still low, and the occurrence of internal disputes between families or heirs.
Normative Analysis of The Prohibition on The Sale and Purchase of Ownership Certificates in Kampung Tua, Batam City by The Batam City Government and The Batam City National Land Agency Nur Sidhi, Mas Imam; Riyanto, Taufan Fajar; Dwi Istinah, Siti Rodhiyah
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 thesis research aims to analyze in detailsocialThe prohibition on the sale and purchase of Land Ownership Certificates (SHM) in the Kampung Tua area of Batam City, as stipulated in Batam Mayor Regulation Number 2 of 2024 and its implementation by the National Land Agency (BPN) of Batam City. This study uses a juridical research method.socialve with a statute approach, a conceptual approach, and a case/policy approach. The legal sources used include primary legal materials in the form of the Basic Agrarian Law, Batam Mayor Regulation Number 2 of 2024, and related land regulations; secondary legal materials in the form of books, scientific journals, and previous research results; and tertiary legal materials such as legal dictionaries and encyclopedias. The legal material collection technique is carried out through literature studies and document studies, while the analysis is carried out qualitatively by interpreting legal norms, examining the hierarchy of laws and regulations, and assessing the suitability of policies with the principles of land law such as legal certainty, justice, benefit, and protection of rights. The results of the study indicate that in generalsocialThe validity of the policy prohibiting the sale and purchase of SHM in Kampung Tua still raises legal issues because it has the potential for disharmony with the provisions of the Basic Agrarian Law (UUPA), which guarantees property rights as the strongest and most complete transferable rights. The implementation of the ban by the Batam National Land Agency (BPN) has legal consequences in the form of restrictions on the transfer of rights and delays in land services, as well as impacting aspectssocial issues such as declining legal certainty, the economic value of land, and the potential for community conflict. However, this policy also aims to protect the sustainability of Kampung Tua, necessitating synchronized regulations and equitable policy formulation.