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Journal : TABELLIUS

 1 
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.
Co-Authors Achmad Arifulloh, Achmad Aurelia, Gina Aziza, Adela Fitri Dekafela, Karina Via Fidiyani, Nuraeni Fitriana, Intan Nur Hasana, Dahniarti Heldawati, Eka Putri Pradana, Yuda Sony Adhi Pratiwi, Intan Betta Putri, Ainaya Qalbina Rahmawati, Desy Tri Rusilah, Eni Santa, Bagus Ariyanto Sujiyanto, Daniel Adi Sulaiman, Nurcholis Sulistianto, Bayu Yustina, Isna Putri Zahra, Nabila Kartika