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All Journal NOTARIUS Jurnal Akta Empowerment : Jurnal Pengabdian Masyarakat Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton Sultan Agung Notary Law Review Jurnal Konstatering TABELLIUS
Riyanto, Taufan Fajar
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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

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.
Analysis of the Accountability of Land Deed Officials for the Transfer of State Land (Court Decision Number 33/Pdt.G/2019/Pn.Cbi) Iswara, Alfido Firmansyah; Riyanto, Taufan Fajar
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.191-205

Abstract

Protection of land based on the 1945 Constitution of the Republic of Indonesia (UUD 1945) can be found in several articles that emphasize the principle of state control over natural resources including land, as well as the state's obligation to regulate, manage and protect it for the prosperity of the people. The aim of this research is Uto find out and analyze PPAT's responsibilities in making deeds of transfer of state land and completing the transfer of rights to state land. The type of research used by the researcher is legal sociology. Legal sociology is a type of legal research known as field research, which relates to legal provisions and the realities of society.Descriptive-qualitative research. Descriptive-qualitative research is research that explains, records, analyzes, and interprets the object being studied based on observations, interviews, and documentation. The analysisThe qualitative method used is a way of interpreting and discussing research results based on interviews with informants, understanding of law, legal norms, legal theories and doctrines related to the main problem. The research results obtained were:The case of the transfer of Building Use Rights (HGB) involving PPAT in the case of PT Sentul City Tbk illustrates a form of negligence in the implementation of administrative authority and legal responsibility of PPAT as regulated in PP No. 24 of 1997 concerning Land Registration and Regulations on the Position of PPAT (Regulation of the Head of BPN No. 1 of 2006 in conjunction with No. 8 of 2012). The PPAT is considered to have violated the due care principle because it made a deed of transfer of land rights without ensuring the validity of the land status which is still legally problematic or overlaps with the rights of other parties. The case of the transfer of Building Use Rights (HGB) involving the PPAT in the case of PT Sentul City Tbk shows that the implementation of the PPAT's duties has a crucial role in realizing legal certainty in the land sector, resulting in the registration process and issuance of new certificates at the National Land Agency (BPN) being administratively flawed and creating legal uncertainty for the interested parties.
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.
Tinjauan Yuridis Peralihan Hak Atas Tanah Elektronik Melalui Akta PPAT Agustina, Ajeng Ana; Prananingtyas, Paramita; Riyanto, Taufan Fajar; Nazah, Farida Nurun
Notarius Vol 19, No 1 (2026): Notarius
Publisher : Program Studi Magister Kenotariatan, Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/nts.v19i1.83069

Abstract

ABSTRACTThis study examines the impact of land registration digitalization in Indonesia on the transfer of land rights and the role of Land Deed Officials (PPAT). It aims to analyze the electronic transfer process of land rights based on deeds of exchange, inbreng, and the Deed of Distribution of Joint Property (APHB), as well as the process of drafting such deeds by PPAT. The research employs a normative juridical method with a statutory approach and descriptive qualitative analysis. The findings reveal that electronic land transfer is generally supported by existing regulations, yet challenges remain in technical procedures and sistem integration. Moreover, PPAT still follows conventional procedures with limited electronic adaptation, highlighting the need for regulatory harmonization to ensure legal certainty and protection.Keywords: Transfer of Land Rights; Electronic Land Registration; PPAT Deed.ABSTRAKPenelitian ini dilatarbelakangi oleh digitalisasi pendaftaran tanah di Indonesia yang menimbulkan kebutuhan penyesuaian dalam proses peralihan hak atas tanah dan pembuatan akta oleh PPAT. Penelitian ini bertujuan untuk menganalisis proses peralihan hak atas tanah secara elektronik terhadap akta tukar menukar, inbreng, dan Akta Pembagian Hak Bersama (APHB), serta mengkaji proses pembuatan akta-akta tersebut oleh PPAT. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan dan analisis deskriptif kualitatif. Hasil penelitian menunjukkan bahwa proses peralihan hak secara elektronik telah didukung oleh regulasi yang ada, namun masih terdapat kendala dalam prosedur teknis dan integrasi sistem. Selain itu, proses pembuatan akta oleh PPAT tetap berpedoman pada ketentuan konvensional dengan penyesuaian terbatas terhadap sistem elektronik, sehingga diperlukan harmonisasi regulasi untuk menjamin kepastian hukum.Kata Kunci: Peralihan Hak Atas Tanah; Pendaftaran Tanah Elektronik; Akta PPAT.
Co-Authors Achmad Arifulloh, Achmad Adiyanto, Hanif Agustina, Ajeng Ana Amin Purnawan Bambang Tri Bawono Dinata, Rendi Apri Firdaus, Mohamad Bayu Husen, Arie Arisandy Iswara, Alfido Firmansyah Kencana, Dyah Ayu Manggar Moertihari, Safira Karenina Mubarok, Mohammad Ibnu Muhammad Taufiq Nanang Sri Darmadi Nazah, Farida Nurun Nur Sidhi, Mas Imam Oktavianto, Ridho Pamungkas, Hamka Sesario Paramita Prananingtyas Purwantoko, Gilang Riyan Siti Rodhiyah Dwi Istinah Siti Ummu Adillah Utami, Dwi Risky Faulam Yusuf, Fayeza Nafesyah Zulkarnain, Tsalsa Fitriyani