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The Position of the Deed of Sale and Purchase Made by the Land Deed Official for Children Under the Guardianship Based on Court Determination Ridwan, Muhammad Hidayat; Bawono, Bambang Tri
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The aim of this research is to find out and analyze the position of the PPAT deed for children who are not yet legally competent, who are authorized to the guardian based on a court decision and the legal consequences of the position of the PPAT deed for children who are not yet legally competent, who are authorized to the guardian based on a court decision. The research method used is normative juridical, namely an approach that uses a positivist legislative concept which states that law is identical to written norms, so this research is closely related to libraries because it will require secondary data in libraries. Based on the results of the research and discussion, it was concluded that. The Position of the Sale and Purchase Deed Made by the Land Deed Official (PPAT) for Children Under the Guardian's Care Based on Court Determination. The PPAT Deed serves as a means of proof in the form of an authentic deed, in order to provide guarantees, protection and fair legal certainty as well as equal treatment before the law, regarding certain circumstances, events or legal acts. This is in line with the progressive legal theory put forward by Sajipto Raharjo. Legal consequences of a Sale and Purchase Deed made by a Land Deed Official (PPAT) on children under the guardianship of a guardian based on a court decision. By making an authentic deed as evidence in the legal action, then the parties can be more aware of the consequences of their actions so that the interests concerned receive reasonable legal protection. Legal actions that result in the transfer of rights from one legal subject to another legal subject, thereby causing the loss of authority over the land. In this way, PPAT is in line with the theory of the workings of law put forward by William Chamblliss and Robert B Saidman. Keywords: Competent; Court; Land.
The Juridical Analysis of the Process of Applying for Expired Building Use Rights in the Concept of Legal Certainty Kusumabrata, Dhandy Armanda; Bawono, Bambang Tri
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This research aims to find out and analyze the legal status of a deed of sale and purchase of building use rights as a condition for extending the term of building use rights that have expired. The approach method in this research is the approach to Legislative Regulations. The research specifications are analytical descriptive, the data required includes secondary data taken using qualitative analysis methods. The data analysis method uses deductive logic based on research. It is concluded that the Sale and Purchase Agreement in the form of a Sale and Purchase Agreement (PPJB) made before a Notary is invalid because the seller does not have the right to carry out a PPJB on land that is already controlled by the State or in other words Building Use Rights. has expired, so the PPJB that was made is null and void by law. Keywords: Agreement; Building; Expired.
Responsibilities of Notaries in Making Deeds Affecting Bad Credit at Bank Rakyat Indonesia Ady, Sigit Priambodo; Bawono, Bambang Tri
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1) Implementation of the making of the credit agreement deed at Bank Rakyat Indonesia. 2) The responsibility of a notary in making a deed that has an impact on bad credit at Bank Rakyat Indonesia. The approach method in this research is a sociological juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary and secondary data. Data collection by interview method and literature study. The data analysis method used is qualitative analysis. The results of the study concluded: 1) The implementation of making a credit agreement deed at Bank Rakyat Indonesia is carried out based on an agreement between the debtor and the creditor. After the credit agreement is signed by the debtor and the party representing BRI, then waarmerking will be carried out by a Notary appointed by PT. Bank Rakyat Indonesia (Persero) Tbk. The credit agreement deed is notarized, the binding is carried out simultaneously with the binding of collateral / Mortgage. In granting the Mortgage before the PPAT, it must be attended by the Mortgage Giver and the Mortgage recipient and witnessed by 2 (two) witnesses. 2) The responsibility of a notary in making a deed that has an impact on bad credit at Bank Rakyat Indonesia Decision Number 52/Pdt.G/2020/PN Cjr Notary cannot be directly held accountable individually, collectively, based on errors or absolute liability. This is because the notary only mewaarmeking credit agreement deed that has been agreed upon by the debtor and the party representing BRI, namely the head of the PT branch. Bank Rakyat Indonesia (Persero). Regarding collateral/guarantee, before the binding of the notary has also checked in advance regarding the correctness, so that if bad credit occurs until the auction of collateral/guarantee, it is absolutely the responsibility of the parties themselves.Keywords: Bank; Credit; Responsibility.
The Legal Protection for Notaries against Civil Efforts on Authentic Deeds That Have Been Published Saputra, Rizal Alamsyah Hadi; Bawono, Bambang Tri
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notaries have carried out their responsibilities in accordance with applicable regulations by using the principles of vigilance and prudence, but still have to deal with legal issues because provisions are also permissible, and it is feared that distrust will arise in the authentic deed made before a notary and the credibility of a notary in the jurisdiction Merauke Regency is also in doubt. This study aims to find out and analyze the legal standing of deeds that have been issued by a Notary when a lawsuit is filed by the parties and to find out and analyze the legal protection for a notary against civil proceedings for authentic deeds that have been issued in Merauke Regency (case study no. 80/ pdt. bth/2021/pn/mrk). The approach method in this research is a sociological juridical approach. Based on the research, it was concluded that legal protection for Notaries in case decisions Number 80/PDT.Bth/2021/PN/MRK The Panel of Judges is of the opinion that a credit agreement is an agreement between the debtor and the creditor to bind himself in the provision of debts and receivables which can be done by the debtor providing guarantees or without guarantees for repayment of debts to creditors. If there is collateral in the credit agreement, it is an additional agreement with the credit agreement as the main agreement, with these agreements applying as a law for the makers according to the provisions of Article 1338 of the Civil Code if it has been legally made by fulfilling the legal requirements of the agreement as stipulated in Article 1320 Civil Code. Keywords: Civil; Efforts; Notary; Protection.
The Role of Land Deed Officials (PPAT) in Certifying Customary Land Wijaya, Dwi Julianto; Bawono, Bambang Tri; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to: (1) To determine and analyze the implementation of registration/certification of customary land in Cirebon Regency. (2) To determine and analyze the role of PPAT in the implementation of registration/certification of customary land. The approach method in this research is sociological juridical. The research specification is analytical descriptive. Data collection tools consist of document or library material studies and interviews. Required data Primary Data and Secondary Data. Primary data was collected through interviews, and (2) secondary data was collected through literature study. Data analysis in this research was carried out qualitatively, that is, the data obtained was compiled systematically and then analyzed qualitatively to explain the problem being studied.1998, as well as Head of BPN Regulation Number 1 of 2006. Keywords: Land; PPAT; Registration.
The PPAT Responsibilities in Issuing APHT for Default Debtors at BKK Mayong Jepara Agustina, Ita Sahara; Bawono, Bambang Tri
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to identify and analyze the legal roles and responsibilities of the PPAT in issuing APHT for debtors who default on BKK Branc. Mayong Jepara. This research approach uses Juridical Sociolology, which is research through a statutory approach and examines laws that have problems in practice. The analytical knife in this paper uses the theory of legal certainty and the theory of responsibility. The results of this study indicate that the role of the Land Deed Making Officer (PPAT) in the process of imposing Mortgage Deeds at BKK Branc. Mayong Jepara, namely the Mortgage Granting Stage, Registration Process and Mortgage Issuance. PPAT's responsibilities are limited to making, registering, and issuing APHT. In the event of default, PPAT is only a bridge between debtors and creditors to find and solve problems. PPAT's legal responsibilities include criminal responsibility, civil responsibility, and administrative responsibility. However, in the event of a default committed by the debtor at Bank BKK Mayora Jepara Branch, it is no longer the responsibility of the PPAT. PPAT is only responsible for what he makes and does. Regarding products from PPAT that are used by clients to apply for credit which later defaults, PPAT no longer has legal responsibilityKeywords: Credit; Default; Responsibility.
Effectiveness of Investigations into Aggravated Theft Crimes Zulnaedi, Diki; Bawono, Bambang Tri
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49496

Abstract

This study aims to determine and analyze the implementation of investigations into the crime of aggravated theft at the Bintan Resort Police and the effectiveness of the implementation of investigations into the crime of aggravated theft at the Bintan Resort Police. The approach method in this study is sociological juridical, the research specification is analytical descriptive. The data used are primary data and secondary data and the data collection method is field study and literature study, while the data analysis method uses qualitative analysis. The theory used in this study is the theory of legal effectiveness and legal certainty. The results of the study indicate that the implementation of investigations into the crime of aggravated theft at the Bintan Resort Police has been carried out in accordance with the provisions of the Criminal Procedure Code and the Regulation of the Chief of Police Number 6 of 2019 concerning Criminal Investigations so that it has fulfilled the principle of legal certainty. The implementation of investigations into the crime of aggravated theft at the Bintan Resort Police has also been effective, this is reflected in the majority of police reports that can be handled well until the stage of transferring case files to the prosecutor's office. Despite several obstacles, overall the investigation process continued to run well and was able to support law enforcement in a professional and proportional manner.
PERBANDINGAN PENGATURAN HUKUM PIDANA TERHADAP RECKLESSNESS DALAM TINDAK PIDANA LALU LINTAS ANTARA INDONESIA DAN NEGARA LAIN Andriyanto, Andriyanto; Soponyono, Eko; Bawono, Bambang Tri; Mashdurohatun, Anies
Lisyabab : Jurnal Studi Islam dan Sosial Vol 6 No 2 (2025): Lisyabab, Jurnal Studi Islam dan Sosial
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) Sekolah Tinggi Agama Islam Mulia Astuti (STAIMAS) Wonogiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58326/jurnallisyabab.v6i2.466

Abstract

The increasingly complex development of traffic conditions increases the risk of accidents caused by careless or reckless driver actions. Traffic crimes resulting from recklessness have different legal implications in each country, particularly regarding the elements of fault, the form of criminal liability, and the sanctions applied. This article aims to compare the criminal law regulations regarding recklessness in traffic crimes between Indonesia and several other countries, specifically to identify differences in concepts, legal application, and the effectiveness of law enforcement. The research method used is normative juridical with a comparative legal approach, through analysis. legislation, legal doctrine, and related court decisions. The results of the study show that Indonesia regulates reckless acts in traffic accidents through Law Number 22 of 2009 concerning Road Traffic and Transportation with a focus on the element of negligence resulting in injury or death, while several other countries such as the United Kingdom, the United States and Germany apply the concept of recklessness as a low-level intention (culpable risk taking) with heavier criminal sanctions and stricter legal proof. This comparison shows the need for reconstruction of criminal law policy in Indonesia to clarify the boundaries between negligence and recklessness and increase the deterrent effect in order to reduce the number of traffic accidents and provide more optimal legal protection for the community.
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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Abstract

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.
State Responsibility Towards Abandoned Children in the Concept of Legal Certainty Bawono, Bambang Tri; Huda, Moh Nurul
Jurnal Pembaharuan Hukum Vol 13, No 1 (2026): Jurnal pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i1.49193

Abstract

The threat of neglected children's lives is one of the important things that must be paid attention to. This is because children are the next generation of the nation who are thirsty for their rights as stipulated in Article 34 paragraph (1) of the 1945 Constitution. Data from the social services still shows the number of neglected children, so that social rehabilitation efforts as stipulated in the Minister of Social Affairs are very important to be continuously implemented. The type of research used in this study is normative legal research with research specifications using analytical descriptive. The results of the study show that the responsibility for maintaining and improving the standard of living for neglected children, including street children, beggars and vagrants, is part of the state's obligations as mandated by the Constitution. With this mandate, the government also carries out several instruments to maintain and overcome neglected children. One of the maintenance instruments carried out is conducting raids. In this context, raids are a threat to neglected children because of the fear that if they are arrested they will receive criminal sanctions under Articles 504 and 505 of the Criminal Code because most of their lives come from begging and vagrancy. Therefore, efforts to care for abandoned children need to be carried out in a humane manner, aiming to develop a way of thinking and attitude to live as they should.
Co-Authors Abas, Devi Nurfadillah Adiyanto, Hanif Ady, Sigit Priambodo Afwan, Muhammad Bagus Satriyan Agustina, Ita Sahara Alfani, Safri Sendi Andri Winjaya Laksana, Andri Winjaya Andriyanto Andriyanto Anis Mashdurohatun Anny Rosiana Masithoh Danianto, Iswar DEBIANTHO, Debiantho Dewi, Nurcahya Sukma Kusuma Dian Rahmawati Diana, Della Ochta dwi wahyono Eko Soponyono Gunarto Gunarto Huda, Moh Nurul Irwan Irwan Jawade Hafidz Jumades, Achmad Kurniati, Novita Kusumabrata, Dhandy Armanda Luthfi Siregar, Muhammad Margono Margono Marvelous, Marvelous Mashdurohatun, Anies Novita, Puteri Mela Prasetya, Arnasteisya Putri Prayitno, Ahmad Hadi Ramadhan, Syaiful Nur Aditya Ramadhani, Syifa Utari Ranti, Mai Ridwan, Muhammad Hidayat Rimbawan, Andhika Yuli Riyanto, Taufan Fajar Rizqiansyah, Arif Robbani, Ammar Ikbar Saktiawan, Muhammad Dias Saputra, Rizal Alamsyah Hadi Sari, Pebrina Permata Shallman, Shallman Sri Endah Wahyuningsih Sutadharma, Putu Andy Thayeb, Satya Eka Syahputra Tiyas Vika Widyastuti Wijaya, Dwi Julianto Wulandari, Rezekista Yunendar, Brian Zulnaedi, Diki