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Bambang Tri Bawono
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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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Abstract

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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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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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.
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.
The Juridical Study on the Implementation of the Ijarah Muntahiya bi at-Tamlik Contract in the Concept of Luzumu al-‘Aqdi Bawono, Bambang Tri; Laksana, Andri Winjaya
ADDIN Vol 16, No 2 (2022): ADDIN
Publisher : LPPM IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/addin.v16i2.17024

Abstract

The purpose of this study was to examine and analyze the implementation of the Ijarah Muntahiya bi at-Tamlik contract in the conception of Luzumu al-‘Aqdi. The approach method used in this research was sociological juridical. The results of this study indicated that the implementation of the Ijarah Muntahiya bi at-Tamlik contract at Bank Syariah Indonesia (Indonesian Sharia Bank, BSI) Semarang Branch Office in the concept of Luzumu al-‘Aqdi actually shows the occurrence of legal uncertainty. This is because the implementation of the Ijarah Muntahiya bi at-Tamlik contract should only be carried out through buying and selling, not grants. The implementation of the Ijarah Muntahiya bi at-Tamlik contract can only use a sale and purchase contract because this contract is part of the ijarah contract which aims to obtain profit or profit, while the grant contract is one of the tabarru’ contracts which aims to help each other and seek the pleasure of Allah alone. Besides that, implementation of the Ijarah Muntahiya bi at-Tamlik contract settlement through the sale of the Ijarah Muntahiya bi at-Tamlik object results in legal uncertainty, so that this has the potential to harm the musta’jir or the debtor in the event of bad credit or default. This is because the musta’jir or debtor should not be said to have debt, considering that the contract that is built is ijarah first which will end with ownership through buying and selling or grants, not buying and selling which is required by ijarah because its implementation is carried out in installments.
The Urgency of Restorative Justice Regulation on Hate Speech Bawono, Bambang Tri; Glaser, Henning
BESTUUR Vol 11, No 2 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i2.82508

Abstract

Regulations on the imposition of criminal sanctions in cases of hate speech on social media are, at some point, considered to degrade human rights to express opinions in the context of a democratic country. This research aims to provide an overview of resolving hate speech cases on social media using a restorative justice approach and how regulations should be created and developed. This research uses normative legal research methods using statutory and conceptual approaches. The concept proposed refers to the theory of restorative justice and the theory of establishing appropriate regulations. This research indicates that until now, there has been no strong and adequate legal basis for implementing non-penal resolution of hate speech cases through a restorative justice approach. In the Criminal Code, which revokes the article regarding hate speech in the Information and Electronic Transactions Law both before and after the Constitutional Court Decision, there is no reference to using a restorative justice approach in resolving existing cases. It is urgent to regulate restorative justice arrangements to guarantee legal certainty for the parties by considering recovery for damage and losses victims suffer based on a mutually agreed agreement. Restorative justice can mediate accusations of degradation of freedom of opinion and can maintain democratic values. Based on the regulatory formation process theory, some factors must be considered in designing and making restorative justice arrangements in hate speech cases.
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 Anis Mashdurohatun Anny Rosiana Masithoh Danianto, Iswar Dewi, Nurcahya Sukma Kusuma Dian Rahmawati Diana, Della Ochta dwi wahyono Eko Soponyono Glaser, Henning Irwan Irwan Jawade Hafidz Jumades, Achmad Kurniati, Novita Kusumabrata, Dhandy Armanda Luthfi Siregar, Muhammad Margono Margono Marvelous, Marvelous 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 Siswahyudianto Sri Endah Wahyuningsih Sutadharma, Putu Andy Thayeb, Satya Eka Syahputra Tiyas Vika Widyastuti Wijaya, Dwi Julianto Wulandari, Rezekista Yunendar, Brian