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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 Protection for Notaries in Semarang City Area Luthfi Sidiq, Muhammad; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Paragraph IV of the Preamble to the 1945 Constitution, among others, states that the Government of the Republic of Indonesia protects all Indonesian people, advances public welfare, and educates the nation's life. The need for the community in the Semarang city area for legal certainty is a very important thing in life so that every element in society that is directly or indirectly related to implementing and enforcing the law must have the same parameters, namely achieving legal certainty. The Notary Law has regulated the form of legal protection that can be given to those who carry out their duties as public officials, this is reflected or stated in Article 66 paragraph (1), (2) of the UUJN and maintaining the right to refuse and the obligation to refuse the right must also be respected. Only the Courts and the Police have the right to summon the Notary concerned. This type of research uses empirical laws.This research approach uses a qualitative approach. The source of the type of data used in this study is primary data obtained through observation and interviews. The analysis in this study is descriptive analysis. The results of this study conclude that: 1).Legal protection for notaries in carrying out their duties as public officials based on the Notary Law in the Semarang City area in making authentic deeds must pay attention to the principles of caution, accuracy, and uphold honesty, morality and not forget professionalism. 2). The form of legal protection for Notaries who carry out their duties as legal officials in the City of Semarang must go through the Regional Supervisory Council because the Regional Supervisory Council (MPD) has a very important role in providing legal protection to notaries at the regional level, as well as ensuring that the procedure for taking minutes of deeds and other documents is carried out legally and in accordance with applicable legal provisions.

Juridical Review of Absentee Ownership of Agricultural Land Rights through Inheritance Based on Basic Agrarian Law Taufiq, Luthfi Nurahmad; Sri Darmadi, Nanang
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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Absentee land ownership can create legal uncertainty and risks for parties involved in using the land, such as tenants, cultivators, or parties who have other interests in the land. Thus, this research aims to determine and analyze the legal status of heritage objects in the form of absentee land, and legal protection for heirs who receive rights to absentee land. The research method used is normative juridical with a statutory approach and a conceptual approach. The type of data used is secondary data sourced from primary and secondary legal materials. Data collection method using literature study. The data analysis method uses perspective analysis. The results of the research conclude that the legal status of the inheritance object in the form of absentee land, if a legal event occurs which causes the transfer of ownership rights to the land is an inheritance process. This inheritance event causes absentee ownership of land. According to the law, absentee land ownership is clearly prohibited, but what is prohibited is absentee land ownership, isn't it? Therefore, when the heir is truly a legal heir according to law, the heir can receive the rights to the inheritance given by the heir, thus the heir can still receive the inheritance in the form of agricultural land even though the heir lives in outside the sub-district that borders the location of the land. Legal protection for heirs who have rights to absentee land according to the law is that when the heirs can cultivate and work on the agricultural land efficiently without using extortion methods, then the heirs can still have rights to the land by moving to the location of the agricultural land that the heir owns. Keywords: Absentee; Heirs; Inheritance; Land; Protection.

Implications of The SKMHT Validity Period According to The Term of Subsidized Home Finance in Connection With The Principle of Lex Superior Derogat Legi Inferiori Mardiana, Fitri; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Regulation of the Minister of Agrarian Affairs of the Head of BPN No. 22/2017 Concerning the Determination of the Time Limit for the Use of a Power of Attorney to Encumber Mortgage Rights to Guarantee the Settlement of Certain Credits, if the regulation of the ATR/BPN ministry is enforced, there will be a conflict of norms between Law Number 4 of 1996 concerning Mortgage Rights and the regulation of the ATR/BPN ministry. Regulation of the ATR/BPN ministry number 22 of 2017 overrides the Mortgage Rights Law in terms of the limitation of the SKMHT period. The principle of Lex Superior Derogat Legi Inferiori states that lower regulations must not conflict with higher regulations. Regulations with lower authority should not exceed higher regulations. The purpose of this study is to analyze the effect of changes in SKMHT regulations in subsidized housing financing based on the principle of lex superior derogate legi inferiori. This research method is a normative legal research method. The approach in this study uses a case approach and a legislative approach. The data required includes secondary data consisting of the 1945 Constitution; Law Number 10 of 1998; Law Number 21 of 2008;Law Number 12 of 2011, Law Number 4 of 1996; Regulation of the Minister of Agrarian Affairs of the Head of BPN No.22/2017; Regulation of the Minister of Public Works and Public Housing of the Republic of Indonesia Number 35 of 2021, as well as books and other supporting documents. Taken with the method of data collection using library techniques. The data analysis method is prescriptive. Based on the research, it was concluded that the conflict of legal norms occurred due to differences in the regulations regarding the period of use of SKMHT between the Mortgage Rights Law and Regulation of the Minister of ATR/BPN No. 22 of 2017. The Mortgage Rights Law regulates the maximum period of SKMHT for 3 months, while Regulation of the Minister of ATR/BPN No. 22 of 2017 regulates that the period of SKMHT can be valid during the credit period or until the end of the principal agreement. The Mortgage Rights Law as a law has a higher degree compared to the Regulation of the Minister of ATR/BPN which is an implementing regulation. Therefore, based on the principle of lex superior derogate legi inferiori, the regulations in the Mortgage Rights Law should apply.

Evaluation of Risks and Their Impact on Legal Validity in the Implementation of Electronic Notary Deeds in Indonesia Nuriska, Citra; Sri Darmadi, Nanang
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1). The risks that arise in the implementation of electronic notarial deeds in Indonesia. 2) The impact of these risks on the legal validity of electronic notarial deeds according to the provisions of the applicable laws and regulations in Indonesia. This type of research is normative legal research. The approach method in this study is a statute approach and a conceptual approach. The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1). The implementation of electronic notarial deeds in Indonesia, based on Article 15 paragraph (3) of Law Number 2 of 2014 concerning the Position of Notary, faces cybersecurity risks (hacking, wiretapping, data loss), legal (unclear regulations, non-compliance with the principle of onmiddellijkheid), technical-operational (lack of notary competence, unstable infrastructure) and socio-ethical (misuse of electronic signatures). This risk violates Article 26 and 31 of the ITE Law, Article 16 paragraph (1) letter m of the Notary Law, Article 1867 and 1868 of the Civil Code, and Article 46 and 59 paragraph (3) of the PP PSTE, thus threatening the validity of deeds as authentic evidence and public trust. Solutions include regulatory harmonization, implementation of encryption and blockchain, Notary training, infrastructure investment and electronic signature certification to ensure legal certainty in accordance with Article 28 D paragraph (1) of the 1945 Constitution. 2). Cybersecurity risks (hacking, wiretapping, data loss), legal (unclear regulations, non-compliance with the principle of onmiddellijkheid), technical-operational (lack of Notary competence, unstable infrastructure) and socio-ethical (misuse of electronic signatures) threaten the validity of electronic Notary deeds. This risk violates Article 26 and 31 of the ITE Law, Article 16 paragraph (1) letter m of the Notary Law, Articles 1867, 1868 and 1869 of the Civil Code, and Articles 46 and 59 paragraph (3) of the PP PSTE, causing the deed to be at risk of losing its authentic status and not being recognized in court. The inconsistency of subordinate norms with the grundnorm of Article 28D paragraph (1) of the 1945 Constitution creates a hierarchical contradiction. Harmonization of regulations, cybersecurity, notary training, infrastructure investment and electronic signature certification are needed so that electronic deeds are equivalent to authentic deeds.

Optimization Of The Implementation Of Notary Responsibilities In Providing Social Services To Underprivate Communities In Kendal Regency Agustina, Histy Tria; Darmadi, Nanang Sri
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.7.3.259-274

This study aims to analyze the optimal implementation of notaries' responsibilities in providing social services to underprivileged communities in Kendal Regency and to identify obstacles and solutions encountered in its implementation. The study used an empirical juridical method with a statutory regulatory approach, literature study, and interviews with two notaries in Kendal Regency. The results of the study indicate that the obligation of notaries to provide free legal services to underprivileged communities is regulated in the Notary Law, the Notary Code of Ethics, and the principle of justice in the 1945 Constitution. However, its implementation is highly dependent on the notary's personal awareness due to the lack of standard guidelines regarding the mechanism for determining the criteria for underprivileged communities or the procedures for providing free services. The notaries interviewed stated that the provision of social services is carried out on the basis of humanity and professional integrity, not due to pressure from normative sanctions. The main obstacles faced include relatively high operational costs, the lack of standards for verifying clients' economic capabilities, and the risk of abuse by those who are actually well-off. The proposed solutions include the development of technical guidelines by professional organizations, increased socialization, and strengthening the integrity of notaries as public officials.

Optimization of the Implementation of Notary Responsibilities in Providing Social Services to Underprivate Communities in Kendal Regency Tria Agustina, Histy; Sri Darmadi, Nanang
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze the optimal implementation of notaries' responsibilities in providing social services to underprivileged communities in Kendal Regency and to identify obstacles and solutions encountered in its implementation. The study used an empirical juridical method with a statutory regulatory approach, literature study, and interviews with two notaries in Kendal Regency. The results of the study indicate that the obligation of notaries to provide free legal services to underprivileged communities is regulated in the Notary Law, the Notary Code of Ethics, and the principle of justice in the 1945 Constitution. However, its implementation is highly dependent on the notary's personal awareness due to the lack of standard guidelines regarding the mechanism for determining the criteria for underprivileged communities or the procedures for providing free services. The notaries interviewed stated that the provision of social services is carried out on the basis of humanity and professional integrity, not due to pressure from normative sanctions. The main obstacles faced include relatively high operational costs, the lack of standards for verifying clients' economic capabilities, and the risk of abuse by those who are actually well-off. The proposed solutions include the development of technical guidelines by professional organizations, increased socialization, and strengthening the integrity of notaries as public officials.

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