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The Policy on the Application of National Land Law and Its Influence on the Existence of Ulayat Rights of the Samin Tribe Indigenous People in the Karts Kendeng Mountains Sulaiman, Nurcholis; Darmadi, Nanang Sri
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 identify and analyze the problems of the existence of customary rights of the Samin tribal people against the policy of implementing national land law and their solutions. The approach method in this study is sociological juridical, with descriptive analytical research specifications. The data needed includes primary and secondary data, the data is collected by means of interviews and literature study, which are then analyzed using qualitative analysis. The research results show that the problem of the existence of customary rights of the Samin tribe in the karts kendeng mountains of Rembang is modernization and a change in the mindset of the indigenous people. Factors that influence these changes are internal factors in the form of changes from their indigenous peoples and external factors that are influenced by other cultures from outside. The samin community in the Rembang karts kendeng mountains is identical and has merged into an organic society in terms of social solidarity. With this change, the Samin people are no longer guided by their culture and customs and then become a society in general, so that customary rights which were formerly the rights of the Samin people are now individual rights, then PT Semen Indonesia uses them to build a factory in the area. The solution in particular is that the Samin community must care for, protect, preserve, manage, and utilize their Ulayat land so that their Ulayat land rights do not disappear. The general solution is that the government is expected to be able to realize legal certainty for indigenous peoples determine special legislation that thoroughly discusses customary rights.Keywords: Customary; Land; Society; Tribe.

Actio Pauliana in Bankruptcy Cases Related to The Provision of Credit Facilities with Fiduciary Guarantees (Case Study of Decision Number 17/Pdt.Sus-Actio Pauliana/2023/PN. Niaga.Smg. Jo. No.20/Pdt.Sus.Pailit/2022/PN Niaga Smg.) Santa, Bagus Ariyanto; Darmadi, Nanang Sri
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. Actio pauliana is a right granted by law to submit a request to the court to cancel all legal actions that are not required to be carried out by the debtor against his assets which the debtor knows that the legal action is detrimental to the creditor, but of course the holder of the liquidus guarantee also has the right to be prioritized when the debtor is declared bankrupt. The type of research in this study is a normative juridical approach method with research data sources using secondary data. The approach method in this study is a statute approach. Data collection techniques use literature studies in journals, books and digital documents. Data analysis techniques used in this study use prescriptive methods. Problems are analyzed using legal protection theory and legal certainty theory. The results of this study indicate that legal protection for fiduciary guarantee holders when a debtor is declared bankrupt is that the guarantee holders of objects have the right to sell the collateral themselves. They seem not to interfere in bankruptcy matters. Take what is their right from the sales income as payment of their receivables, and if there is still a remainder, this remainder is handed over to the inheritance hall. And the judge's consideration in handing down the decision Number 17 / Pdt.Sus-Actio Pauliana / 2023 / PN. Niaga. Smg. Jo. No. 20 / Pdt.Sus.Pailit / 2022 / PN Niaga Smg. which stated that it rejected the Plaintiffs' lawsuit in its entirety because the actions of Defendant I were an exercise of his right to close/pay off his receivables received from the debtor PT Mitra Bersama Realty incasu Abdul Haris (as director), therefore the actions of the debtor PT Mitra Bersama Realty incasu Abdul Haris (as director) and Defendant I were in order to fulfill their respective obligations arising from the agreement, therefore they did not meet the requirements for an actio pauliana lawsuit. Keywords: Actio Pauliana; Bankruptcy; Fiduciary Guarantee.

The Role of Notaries in Realizing Effective Implementation Electronic Deed Registration in Tegal Regency Rahmawati, Desy Tri; Darmadi, Nanang Sri
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. This study aims to analyze and understand the implementation of the role of Notaries to find out and analyze the problems in the implementation of electronic deed registration in Tegal Regency and to find out and analyze the role of Notaries in realizing the effectiveness of the implementation of electronic deed registration in Tegal Regency. The type of research used in this study is a type of sociological or empirical legal research that includes legal identification and legal effectiveness, empirical legal research is legal research where data is obtained through primary legal data or data obtained directly in the community. The approach method used is a qualitative method. type of sociological or empirical legal research that includes legal identification and legal effectiveness. This research was conducted with a field study, the author used the interview method (interview). Based on the research conducted, it can be seen that the implementation of electronic HT deed registration in Tegal Regency has not been running effectively, this is indicated by the small number of HT Deeds registered electronically in Tegal Regency. The weaknesses that resulted in the creation of electronic HT deeds in Tegal Regency not yet running due to the fact that in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 5 of 2020 concerning Mortgage Rights Services there is an issue of the authority of Notaries/PPAT which is only limited to making APHT, sociologically the weaknesses are in the form of issues of change time related to errors in old electronic HT registration data when making new electronic HT deeds, the existence of Article 22 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning Head of the National Land Agency Number 9 of 2019 concerning Integrated Electronic Mortgage Rights Services regarding the provision of user names and passwords to other parties can potentially commit legal violations that can harm the HT owner, network maintenance that often makes electronic HT registration problematic or in other words the system often errors making it difficult for the party registering the Electronic HT deed, not all parties have internet facilities and computer devices, for example in remote areas in Indonesia.Keywords: Effectiveness; Electronic; Notary.

Use of Fingerprints as Authentication of the Applicant's Identity in Notarial Deed Minutes Based on Electronic Systems Sujiyanto, Daniel Adi; Darmadi, Nanang Sri
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. This study aims to determine the practice of notaries in Indonesia, namely the placement of the facer's fingerprints as authentic and vital evidence in various transactions, requiring adaptation to face the challenges of forgery and maintain validity. The placement of the facer's fingerprints emerged as a solution to improve security and legal certainty, using a normative legal approach with a statutory approach method. Then the data was collected from primary legal materials (Notary Law and related regulations), secondary (legal literature and journals), and tertiary (dictionary and legal encyclopedia). Data collection methods include literature studies, field observations, and interviews with competent sources. Data analysis used a qualitative descriptive-analytical method with a deductive-inductive thinking framework. The results of the study show that the Notary Law requires the placement of fingerprints to increase the validity of the deed. Fingerprints, as unique biometrics, provide stronger legal certainty. However, its implementation faces technical challenges (system accuracy, infrastructure), legal (uncomprehensive regulations, personal data protection), and social (public trust, digital literacy). Comprehensive and integrated regulations, which take into account technical, legal and social aspects, are crucial to ensure the effectiveness, security and fairness in the implementation of fingerprinting in the making of notarial deeds.Keywords: Digitalization; Fingerprints; Notary.

Land Status of The Community of Kampung Tua In Batam City After The Birth of Agrarian Law Aurelia, Gina; Darmadi, Nanang Sri
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 registration in Batam only started in the 1990s. Land certification in the authority area began with the birth of the Management Rights (HPL) held by BP Batam.The exclusion of the existence of old villages in the formation of the Batam Authority, is evident in the granting of HPL to the Batam Authority by the Government as stated in the Decree of the Minister of Home Affairs No. 43 of 1977. The granting of HPL to the Batam Authority in this Decree is possible on locations that are not yet clear and clean, if there is community land that is still controlled/cultivated or owned with certain rights on the land area that has been issued with an HPL Decree, only given the option to receive compensation. The purpose of this study is to analyze: 1) a legal review of the status of land ownership of old villages in Batam City according to Agrarian Law. 2)Legal protection of land ownership rights in the Old Village community of Batam City after the Agrarian Law.This type of research is normative legal research. The approach method in this research iscase study approach and legislation approach. The type and source of data in this study are secondary data. Data analysis is an activity in research in the form of conducting a study of the results of data processing. The results of this study are According to Article 3 of the UUPA, there is a statement of recognition regarding the existence of customary rights of customary law communities as long as they still exist in reality, meaning that if in reality they do not exist, then the customary rights will not be revived, and no new customary rights will be created. Customary rights are allowed to continue to be regulated by each customary law community. Old villages, or customary law communities, have a special place in the UUPA (Basic Agrarian Law). The UUPA recognizes the existence of customary law communities and their customary rights, as long as they still exist and do not conflict with national interests.Keywords: Agrarian Law; Batam City; Land; Old Village.

Effectiveness of Regional Supervisory Boards In Supervision and Guidance of The Code of Ethics For Notaries In Pekanbaru City Heldawati, Eka Putri; Darmadi, Nanang Sri
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. Article 70 and 71 of the Notary Law (UUJN) authorizes the Regional Supervisory Council (MPD) to supervise the implementation of the duties and authorities of Notaries, including holding hearings for violations of the code of ethics, examining protocols, granting leave permits, appointing substitute Notaries, and receiving reports of violations. This study aims to analyze: 1) The effectiveness of the Regional Supervisory Council (MPD) of Pekanbaru City in carrying out its supervisory and development functions for Notaries has not been effective. 2) What obstacles are faced by the Regional Supervisory Council (MPD) in carrying out its duties and authorities in Pekanbaru City. The approach method in this study is the Structural approach and economic analysis of law. This type of research uses empirical law. The types and sources of data in this study are primary data obtained through interviews and observations. The analysis in this study is descriptive qualitative. The results of the study indicate that the Regional Supervisory Council (MPD) has played an active role in following up on public complaints and carrying out its functions in accordance with legal provisions, but the effectiveness of the implementation of MPD supervision has not been optimal because it faces several obstacles such as reporting mechanisms, limited human resources, inconsistent sanctions and social barriers between Notaries, to increase the effectiveness of MPD supervision it is recommended to develop a more transparent and easily accessible reporting system, and strengthen direct supervision through routine inspections. In addition, the application of stricter and more consistent sanctions against violations committed by Notaries must be enforced fairly and effectively.Keywords: Effectiveness; Code of Ethics; Guidance; Notary; Regional Supervisory Board; Supervision.

Legal Certainty For An Object That Is A Fiduciary Guarantee Which Has Not Been Removed After The Debt Is Removed Utami, Fitri Pujianti; Darmadi, Nanang Sri; Mashdurohatun, Anis
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 relationship between creditors and debtors in the business world requires legal certainty, which is realized through collateral instruments, one of which is fiduciary collateral. Although Law No. 42 of 1999 concerning Fiduciary Collateral and Government Regulation No. 21 of 2015 stipulate the obligation to write off debts after debt repayment, practice shows that many collateral items are not written off, so the object remains listed as collateral. TypeThis research is normative juridical, using a conceptual juridical approach. The data used include primary, secondary, and non-legal data by collecting data through literature and analyzing it using prescriptive analysis to describe and evaluate the implementation of fiduciary roya. The procedure for the removal (roya) of fiduciary collateral is carried out by the creditor after the debtor has fully paid their obligations by submitting an application to the Fiduciary Registration Office, which then issues a Roya Certificate. However, because the removal is not automatic, differences often arise between the material and administrative removal of fiduciary collateral. This situation creates legal uncertainty, where the debtor cannot reuse the collateral, new creditors lose certainty, and potentially give rise to disputes. The roya mechanism in the Fiduciary Collateral Law needs to be strengthened with clear derivative regulations regarding time limits and sanctions for creditors who fail to comply, to prevent re-fiduciary collateral and provide legal certainty. System improvements can also be achieved through digitization and data integration between institutions, mandatory verification by notaries, and strengthening fiduciary certificates as executorial titles to more effectively protect creditors and debtors.

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.

Legal Force Of Electronic Land Sale And Purchase Deeds (E-Ajb) In The Digital Land Registration System After The Implementation Of Electronic Land Deed Official Services Aditya Nugraha, I Gede Putu Dharma; Setyawati, Setyawati; Darmadi, Nanang Sri
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 digital transformation of land services through the implementation of electronic Land Deed Official (PPAT) services has given rise to innovations in the form of Electronic Land Sale and Purchase Deeds (e-AJB) within the digital land registration system. The presence of e-AJB raises legal issues related to its legal standing and force as an authentic deed in the Indonesian land law system. This study uses a normative legal research method (normative juridical) with a statutory, conceptual, case, and comparative approach. The data used are primary, secondary, and tertiary legal materials analyzed descriptively and qualitatively. The results of the study indicate that normatively e-AJB has received recognition through regulations related to electronic systems and electronic signatures, particularly the Electronic Information and Transactions Law and its implementing regulations. However, from a classical civil law perspective that requires physical presence and written document form as elements of an authentic deed as regulated in Article 1868 of the Civil Code, there is still debate regarding the fulfillment of the formal requirements of e-AJB as an authentic deed that has perfect evidentiary power. The main obstacles in the implementation of e-AJB include disharmony of laws and regulations, differences in interpretation regarding the physical presence of the parties, and aspects of security and proof of electronic signatures in the trial process. The Denpasar District Court decision is an important precedent that shows the need for harmonization of regulations between civil law, agrarian law, and information technology law to ensure legal certainty and protection for the parties. Thus, strengthening the legal basis of e-AJB through legislative updates and affirmation of its position in the hierarchy of laws and regulations is urgent to support the sustainability of the digital land registration system in Indonesia.

Legal Review of The Validity of Electronic Signatures in Authentic Deed Muliani Zabir, Andi Sri; Darmadi, Nanang Sri; Kusriyah, Sri
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 regulation of electronic signatures has been widely incorporated into various Indonesian laws and is used by many government agencies and the private sector. Notary practice under Law Number 2 of 2014 on the Notary function has been regulated with respect to the concept of cyber notary. However, it did not further specify or detail the use of an electronic signature in a notarial authentic deed. The purpose of this research is to analyze the existence and validity of electronic signatures in notarial authentic deeds and in other forms of notarial deeds that use electronic signatures. The method used is normative legal research with a law-regulation approach. The source and type of data used are secondary data from a literature review; the analysis is prescriptive. The results show that: 1) notaries in several countries, such as the United States and Japan, have been using electronic signatures in notarial authentic deeds, even making them in digital form, due to the legal foundation that ensures the notary can legally use the electronic signature in those countries. In Indonesia, an electronic signature has been used in government agencies, such as the Ministry of Agrarian Affairs and Spatial Planning and the Ministry of Law, as well as in private parties, such as the company that held a General Meeting of Shareholders of a Limited Liability Company via electronic means. 2) Signing of the original deed using an electronic signature could not be used in Indonesia since there is no clear legal foundation that regulates the notary's authority to use the electronic signature itself. If the notary continues to use the electronic signature on notarial authentic deeds, the deeds will be considered illegal and not authentic. At the same time, the use of an electronic signature on a copy of a notary deed is supposed to be possible as long as the original deed has been completely signed by every party, witness, and the notary, based on the Notary Position Regulations. The suggestion would be: 1) the government needs to implement a change in Law Number 2 of 2014 to accommodate the changing of the era. 2) The synergy between the government and notary organization would give legal certainty toward the use of an electronic signature on notarial authentic deeds by forming a legal foundation for using an electronic signature on the original deed, as well as the system and application that could make the use of an electronic signature on the practice of notary's duties easier.

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