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All Journal JURNAL HUKUM Pembaharuan Hukum Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung MILRev: Metro Islamic Law Review Jurnal Konstatering TABELLIUS Rule of Law Studies Journal
Nanang Sri Darmadi
Universitas Islam Sultan Agung Semarang
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Mechanism for Issuing Waqf Land Certificates Based on Village Letter C Rights Febramadhani, Intan; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The issuance of waqf land certificates is an important part of land administration to provide legal certainty for land declared as waqf. This study aims to analyze the mechanism for issuing waqf land certificates based on village Letter C rights at the Tegal Regency Land Office, covering administrative stages, land technicalities, obstacles encountered, and solutions implemented in the registration process. The author employed an empirical legal research method, based on field studies and examining applicable legal provisions in relation to the realities of society. The data analysis technique employed descriptive qualitative analysis, which involved analyzing problems by obtaining data directly from respondents. This study concludes that the issuance of waqf land certificates with Letter C village rights in Tegal Regency can be implemented effectively if there is synergy between the village, the nazhir, and the Land Office, supported by complete documents and certainty of physical data. These findings are expected to serve as recommendations for strengthening waqf land registration governance to ensure orderly land administration and provide legal protection for waqf assets.
The Effectiveness of the Complete Systematic Land Registration Program (PTSL) in Increasing Legal Certainty Over Land Hilmi, Faisal; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1) The effectiveness of the implementation of Complete Systematic Land Registration (PTSL) in increasing legal certainty over land in Indramayu Regency. 2) Obstacles and solutions to the implementation of PTSL in increasing legal certainty over land in Indramayu Regency. This type of research is empirical legal research. The approach method in this research is sociological juridical. The types of data in this research are primary and secondary data. The data collection method uses observation techniques, interviews and library techniques (document study). The analysis in this research is descriptive qualitative. The results of the study concluded: 1) The effectiveness of the implementation of Complete Systematic Land Registration (PTSL) in increasing legal certainty over land in Indramayu Regency is reflected in its systematic implementation. The effectiveness of PTSL in Indramayu Regency is realized through the integration of a strong and coordinated legal structure, clear and adaptive legal substance as regulated in the UUPA, PP Number 18 of 2021, and Permen ATR/BPN Number 6 of 2018, as well as a legal culture of the community that is increasingly aware of the importance of certainty and legality of land rights. The synergy of the three elements of the legal system makes the implementation of PTSL effective in strengthening legal certainty, protection of land rights, and orderly land administration in Indramayu Regency. 2) Obstacles in the Implementation of Complete Systematic Land Registration (PTSL) in Increasing Legal Certainty on Land in Indramayu Regency include technical obstacles in the form of inaccurate data and limited officers, legal obstacles in the form of incomplete ownership documents and land boundary disputes, and social obstacles in the form of low public awareness and participation. The solution is carried out through digitalization of the land system, increasing the capacity of officers, administrative clarification, and strengthening public outreach and participation.
Implementation of the Principle of Precaution in the Creation of Authentic PPAT Deeds to Prevent Fraud and Misuse of Certificates in Land Sale and Purchase Transactions in Tegal City Mahmudah, Santriany; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The sale and purchase of land in Indonesia requires strong legal certainty and preventive safeguards due to the high economic value and the vulnerability of such transactions to fraud and certificate misuse. As a public official authorized to draft authentic deeds, the Land Deed Official (PPAT) holds a central role in ensuring that every land transaction is conducted transparently, legally, and in accordance with established procedures. This study analyzes the implementation of the principle of prudence by PPATs in Tegal City as a preventive mechanism against fraud and a means of providing legal protection for sellers, buyers, and third parties. Employing an empirical legal research method combined with a quantitative approach, data were obtained through field observations, in-depth interviews with PPATs, supporting government agencies, and transaction participants, supplemented by statutory and literature review. The findings show that PPATs in Tegal City consistently apply prudential measures such as verifying certificate authenticity, examining identity documents through official population data, conducting field inspections, and ensuring the physical presence and genuine intent (wilsverklaring) of the parties during deed execution. These practices not only prevent fraudulent acts—including certificate forgery, unauthorized land sales, and misuse of powers of attorney—but also provide substantive legal protection by ensuring that the deed accurately reflects the true legal will and factual circumstances of the transaction. The study concludes that the principle of prudence constitutes a core element of professional responsibility within the PPAT's mandate, functioning as both a preventive and repressive legal protection instrument, thereby strengthening public trust and enhancing the integrity of Indonesia's land administration system.
Notary's Responsibility for the Deed of Power of Attorney in Original if the Applicant Provides False Information Ananta Prakarsa, Tegar; Sri Darmadi, Nanang
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Notaries are required to keep minutes of the deed, however, in Article 16 paragraph (2) of the UUJN, this obligation is excluded if the Notary issues a deed of power of attorney in originali. The purpose of this study is to determine: 1) The Notary's responsibility if the person appearing provides false information in making a deed of power of attorney in originali. 2) Legal protection for the Notary if the person appearing provides false information in making a deed of power of attorney in originali. This type of research is normative legal research. Using the statute approach method. The type of data used is secondary data derived from primary, secondary, and tertiary legal materials and also uses primary data as complementary data to support this research. The data collection method uses literature studies. The analysis in this research uses qualitative analysis. The results of the study concluded: 1) The Notary is only responsible for the certainty of the date, that it is true that on the date, day, month and year as stated in the original power of attorney, it is true that the person appearing before the Notary to make the original power of attorney and regarding the validity of the signature in the original power of attorney, the Notary is not responsible for the contents of the original power of attorney made by or in his presence, the contents of the original power of attorney are entirely the responsibility of the person appearing, because the original power of attorney is made based on the wishes or desires of the person appearing. 2) If a Notary is summoned by an investigator in relation to an original power of attorney deed made before him, the Notary Honorary Council, which then forms an Examining Council, will summon and examine the Notary first and if the Honorary Council gives approval to the Notary to comply with the investigator's summons to be asked for information regarding an original power of attorney deed made by or before him, then the Notary can request assistance from the Notary Honorary Council, this is done to protect the Notary and maintain the dignity and honor of the Notary's position.
Effectiveness of the Implementation of the Complete Systematic Land Registration Program (PTSL) Sugiyono, Sugiyono; Sri Darmadi, Nanang
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1)The process of implementing the complete systematic land registration program (PTSL) in Genuk District, Semarang City. 2) The effectiveness of the implementation of the complete systematic land registration program (PTSL) in Genuk District, Semarang City. This type of research is empirical legal research. The approach method in this research is a sociological juridical approach. The types of data in this research are primary and secondary data. The data collection method uses field techniques and library techniques. The analysis in this research is descriptive. The results of the study concluded: 1) The process of implementing the complete systematic land registration program (PTSL) in Genuk District, Semarang City is an effort by the government to realize legal certainty of land rights through comprehensive and systematic land registration. Its implementation involves the Semarang City Land Office, local government, and the community in the stages of socialization, data collection, verification, and certificate issuance. Based on Gustav Radbruch's theory of legal certainty, PTSL in Genuk District has fulfilled the principles of clear positive law, based on social facts, and is implemented consistently. Although there are administrative, technical, and social obstacles, through inter-agency coordination, the application of digital technology, and increasing public legal awareness, these obstacles can be overcome. With the achievement of more than 94 percent of land plots certified by 2025, PTSL in Genuk is considered successful in creating orderly land administration and strengthening legal certainty for the community. 2) The effectiveness of the implementation of the complete systematic land registration program (PTSL) in Genuk District, Semarang City, namely showing significant success in realizing legal certainty, orderly land administration, and improving community welfare through the issuance of land title certificates in a comprehensive, fast, and transparent manner. Based on an analysis of five factors of legal effectiveness, all elements of legal implementation, starting from clear legal substance, professional implementing officials, adequate means and facilities, to community participation and legal culture, have functioned optimally. PTSL in Genuk District is not only effective administratively with the achievement of more than 94 percent of land plots certified, but also effective substantively because it is able to raise public legal awareness, reduce land disputes, and open economic access through the legalization of land assets.
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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Abstract

            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.
Conflict of Norms between UUJN and Notarial Deeds: Implications for the Liability of Retired Notaries Sulistiawati, Sulistiawati; Sri Darmadi, Nanang
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 purpose of this research is to determine and analyze the responsibility of Notaries for deeds made after the end of their term of office and to determine and analyze the legal protection for Notaries for deeds made after the end of their term of office. This research method includes normative juridical research with a statutory approach and a conceptual approach. Data collection techniques are carried out by literature studies on legal materials, both primary legal materials, secondary legal materials and tertiary legal materials including non-legal materials. The analysis method in this research uses two interpretations which include systematic interpretation and grammatical interpretation. The results of this study indicate that although Defendant II has retired as a Notary, responsibility for the deeds he made, such as Deeds Number 23 and 24, remains attached based on Article 65 of the UUJN. Legal protection for retired Notaries is realized through preventive and repressive mechanisms, including the principle of presumption of legality, limitation of responsibility on formal and procedural aspects, and the right to defend himself in court. Thus, the legal system provides a balance between enforcing the professional responsibilities of Notaries and protecting their rights, so that legal certainty, justice and benefits for Notaries and interested parties remain guaranteed.
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.
Effectiveness of Notary Supervision by The Notary Supervision Council to Prevent Malpractice in Carrying Out Notary Practice in Banyumas Regency Faddil, Zainulloh; Sri Darmadi, Nanang; Djunaedi, Djunaedi
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 in depth the effectiveness of supervision carried out by the Notary Supervisory Board (MPN) in Banyumas Regency to prevent malpractice in carrying out notary duties. The main problem studied is how the MPN's supervision is implemented in Banyumas Regency and what factors hinder the effectiveness of such supervision, both from internal and external aspects. The research method used is empirical juridical with a sociological legal approach. The research location was determined in Banyumas Regency, involving informants from the Regional Supervisory Board (MPD) and notary practitioners. The results of the study indicate that supervision has not reached the optimal level of effectiveness as mandated by the Notary Law (UUJN). The main obstacles include limited human resources, minimal operational budget allocation, and psychological obstacles in the form of excessive corps solidarity (ewuh-pakewuh) among fellow notaries. Philosophically-theologically, this supervisory function is a manifestation of the Hisbah concept in Islamic law, where the MPN acts as Muhtasib to ensure that the notary as Al-Katib carries out his duties honestly, transparently and responsibly for the benefit of the people.
Co-Authors Achmad Arifulloh, Achmad Aditya Nugraha, I Gede Putu Dharma Agustina, Histy Tria Agustina, Saptarina Dian Amalia, Dwi Nadrita Ananta Prakarsa, Tegar Andi Aina Ilmih Anis Mashdurohatun Areta, Azzahra Lintang Arpangi Ary Patria Wisnu Atmoko, Dwi Aurelia, Gina Aziza, Adela Fitri Bambang Tri Bawono Carki Carki Dekafela, Karina Via Djunaedi Djunaedi Faddil, Zainulloh Fahryan, Ahmad Febramadhani, Intan Fidiyani, Nuraeni Fitriana, Intan Nur Gunarto Hafidh, Muhammad Hasana, Dahniarti Heldawati, Eka Putri Hilmi, Faisal Ibnu Adi Prasetyo Jawade Hafidz Luthfi, Muhammad Rifaldi Mahmudah, Santriany Mardiana, Fitri Mashuri Mashuri Mazwar, Mazwar Mi’rajiah, Dessy Muliani Zabir, Andi Sri Nuriska, Citra Pradana, Yuda Sony Adhi Pratiwi, Intan Betta Pratiwi, Salma Rahmi Purwandini, Dewi Fitriasih Purwantoko, Gilang Riyan Purwiningsih, Septya Putri, Ainaya Qalbina Rahmawati, Desy Tri Riyanto, Taufan Fajar Rusilah, Eni Santa, Bagus Ariyanto Setyawati Setyawati Shinta Rahmatika Damayanti Sri Kusriyah, Sri Sugiyono Sugiyono Sujiyanto, Daniel Adi Sulaiman, Nurcholis Sulistianto, Bayu Sulistiawati Sulistiawati Taufiq, Luthfi Nurahmad Teja Aulia Tri Bawono, Bambang Tria Agustina, Histy Trubus Wahyudi Tumanggor, Evans Ricardo Utami, Fitri Pujianti Wahyuni, Ayuni Sri Widayati Widayati Widhi Handoko, Widhi Yasozisokhi Zebua Yulianto Timang Yustina, Isna Putri Zahra, Nabila Kartika