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Journal : TABELLIUS

Juridical Review of the Effectiveness of Implementing Internships for Extraordinary Members to Produce Professional Notaries Oktavianto, Heri; Hafidz, Jawade
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

Carrying out internships for Notaries is very important, this is to improve the skills of notary candidates, however in reality the awareness of Notary candidates has not been carried out effectively, this is due to the practicism of Notary candidates who want to start practicing freshly so it is not uncommon for internships to be carried out not on time determined by existing regulations. The method in this writing is analytical descriptive. Based on the study carried out, it can be understood that the effectiveness of implementing internships for Extraordinary Members in producing professional notaries in Semarang City is currently not being able to be realized well, this is shown by the majority of Extraordinary Members who have a statement letter that they have done an internship but in reality have not done so. The internship position for Extraordinary Members to become Notaries based on Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of Notaries is very important, this is in accordance with Article 2 of the Indonesian Notary Association Regulation Number: 24/Perkum/Ini/ 2021 About Internships. Keywords: Effectiveness; Internship; Juridical; Notary.
Legal protection for interested parties in land sale and purchase deeds made by land deed officials who have died Nafiah, Ulin; Hafidz, Jawade
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

Land plays a fundamental role in human life and is a vital resource. The transfer of land rights, as a legal act, must be legally executed through an authentic deed drawn up before a Land Deed Official (PPAT). This authentic deed serves as strong evidence that guarantees legal certainty and protection for the parties involved in the transaction. However, problems arise when the PPAT who has drawn up the land sale and purchase deed dies before the administrative process or deed settlement is fully completed. This phenomenon creates a legal vacuum and potential vulnerability for interested parties in obtaining adequate legal protection. This study aims to analyze the forms of legal protection for interested parties in land sale and purchase deeds drawn up by deceased PPATs and examine regulations related to the responsibilities of the deceased PPAT's heirs. This study employed a normative juridical legal research method with a statute approach and a conceptual approach. Primary data sources included laws and regulations related to the position of PPAT and the Civil Code, while secondary data were obtained from legal literature, journals, and scientific works. Data analysis was conducted qualitatively by examining applicable regulations, doctrines, and theories of legal protection and legal certainty. The research findings indicate that regulations regarding Land Deed Officials (PPAT) who die and leave unfinished work, particularly regarding authentic deeds, are still less comprehensive than those for Notaries. A deceased PPAT requires his or her heirs to report and submit the PPAT protocol to a successor PPAT appointed by the National Land Agency. However, the lack of norms regarding the completion of unfinished deeds and the authority of the heirs in this regard creates legal uncertainty. Preventive legal protection for PPAT service users is realized through the preparation of valid authentic deeds, the provision of information, maximum service, and comprehensive legal protection. However, when a PPAT dies, this preventative protection is hampered. Repressive or reparative legal protection becomes crucial, including the submission of the protocol and the completion of the deed by the successor PPAT. Heirs have a moral and legal responsibility to facilitate this process, but lack the authority to prepare authentic deeds. The absence of clear sanctions for heirs who fail to submit the protocol is also problematic. Regulatory harmonization is needed to provide legal certainty and optimal protection for all parties.
Default in the Cooperation Agreement Between Perum Perumnas and CV. Duta Promosi Regarding Home Construction and Marketing Hermawan, Ecep Maman; Hafidz, Jawade
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

Abstract. This study aims to analyze: 1) The elements of default in the cooperation agreement between Perum Perumnas and CV Duta Promosi. 2) The legal consequences of default on land rights in the agreement. This type of research is empirical legal research. The approach method in this study is a sociological juridical approach. The data collection method uses interviews and library techniques (document study). The analysis in this study is prescriptive. The results of the study concluded: 1) The elements of default in the cooperation agreement between Perum Perumnas and CV Duta Promosi have fulfilled the elements of default as stipulated in Article 1243 of the Civil Code have been fulfilled. The first element, namely the existence of an agreement, is proven through a cooperation agreement on the construction and marketing of 1200 units of houses/shophouses on an area of ± 29 hectares. The second element, namely Not fulfilling obligations/there is a party that breaks the promise, is seen from the actions of CV Duta Promosi from 2012 to 2025 which only built ± 20 housing units out of ± 1200 units according to the agreement letter. The third element is that it has been declared negligent, but still does not carry out the contents of the agreement, evidenced by the negligence of CV. Duta Promosi which causes delays in the completion of the construction and marketing of houses/shophouses, instead diverting the construction and marketing activities of houses/shophouses to Jabon tree planting activities without the approval of Perum Perumnas. With the fulfillment of these elements, CV Duta Promosi is legally declared to have committed a breach of contract. 2) The legal consequences of the breach of contract committed by CV Duta Promosi have serious consequences from a civil aspect. In civil terms, the act of diverting the construction and marketing activities of houses/shophouses to Jabon tree planting activities unilaterally causes the cancellation of part of the contents of the agreement, gives rise to the responsibility to pay compensation, and opens the possibility of termination of the agreement by the injured party. Furthermore, this default also creates legal uncertainty over land ownership, hinders the development process, and has the potential to trigger agrarian conflicts. Therefore, a firm legal resolution is needed to restore legal certainty and protect the aggrieved parties.Keywords: Agreement; Cooperation; Default.
The Substitute Notary's Responsibility for Errors in the Deed He/She Made Huda, Indra Kusuma; Hafidz, Jawade
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

Abstract. This study aims to analyze: 1) The duties and authorities of a Substitute Notary. 2) The responsibilities of a Substitute Notary if there is an error in the making of the deed he made. The approach method used in this study is an empirical juridical approach. The type of data uses primary data and secondary data obtained through interviews and literature studies. The data analysis method used in this study is qualitative descriptive analysis. The results of the study concluded: 1) The duties and authorities of a Substitute Notary are that a substitute Notary has the same duties and authorities as the replaced Notary or the Appointing Notary. Article 2 Paragraph 1 of Law Number 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary, which states that a Notary is a public official who is authorized to make authentic deeds and has other authorities as referred to in this Law or based on other laws. The authority that exists in a Notary does not come from other government institutions, but rather the authority that is based on and granted by the Law. 2) The responsibility of the Substitute Notary if there is an error in making the deed he made is the same as the notary he appointed. Notary Abdul Moethalib Wahab above is an individual responsibility, the notary's actions are proven to have committed the crime of forgery of documents. Criminal responsibility for notaries is regulated in the Criminal Code, if the notary commits the crime of forgery of documents, as referred to in the criminal provisions regulated in Article 263 paragraph (1) and Article 264 paragraph (1) of the Criminal Code. Notaries who are proven guilty of a crime and have permanent legal force cannot be immediately dismissed dishonorably by the Minister of Law and Human Rights due to the uncertainty in the regulations of the Law on the Position of Notary, as contained in Articles 12 and 13 of the Law on the Position of Notary. Keywords: Criminal; Responsibility; Substitute Notary.
Validity of the Signatures of the Notary and the Parties Electronically on the Notarial Deed Khairuddin, Muhammad; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 4 (2023): December 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

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The Effectiveness of Electronic Deed Minutes Storage in Notarial Practice in the Digital Era Situmorang, Saut Tua; Hafidz, Jawade
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. This study aims to analyze: 1) Legal regulations in Indonesia that support the storage of electronic minutes of deeds in notarial practice. 2) The effectiveness of storing electronic minutes of deeds in notarial practice if implemented in the digital era. This type of research falls within the scope of normative legal research. The approach method in this study is a statute approach. The type of data in this study is secondary data, which consists of primary, secondary and tertiary legal materials. The data collection method was obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) Legal regulations in Indonesia have basically provided a sufficient basis to support the storage of electronic minutes of deeds in notarial practice, although they still require further strengthening and adjustment. The Notary Law (UUJN) has not explicitly regulated the technical aspects of storing minutes of deeds in electronic form, however, legal regulations in Indonesia have actually provided space for the digitalization of notarial archives through systematic interpretation of several provisions, such as Article 15 paragraph (3) of the UUJN and significant changes in Article 5 of the ITE Law which now no longer excludes notarial deeds from being recognized as valid electronic documents. 2) In the digital era, storing minutes of deeds electronically is considered very effective, especially from the aspects of efficiency, security, and ease of access. This effectiveness will be optimal if supported by regulatory updates, reliable digital infrastructure, increased digital literacy of notaries, and the acceptance of the legal culture of the community towards electronic systems.Keywords: Effectiveness; Electronic Deed Minutes; Notary.
Legal Implications of Notarial Digitalization on the Validity of Notarial Deeds Wijaya, Eko; Hafidz, Jawade
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. This study aims to analyze: 1) The legal implications of notarial digitization on the validity of notarial deeds. 2) Obstacles and solutions in the notarial digitization process related to the validity of notarial deeds. This type of research falls within the scope of normative legal research. The approach method in this study is a statute approach. The type and source of data in this study are secondary data obtained from literature studies. The analysis in this study is prescriptive. The results of the study conclude: 1) The digitalization of notarial deeds has a significant impact on the validity of notarial deeds, especially because the formal requirements for authentic deeds as stipulated in Indonesian positive law have not yet been met. Although Article 5 paragraph (4) of the ITE Law recognizes electronic documents as legal evidence, the absence of explicit provisions in the Notary Law (UUJN) means that digital notarial deeds cannot yet be equated with conventional authentic deeds. As a result, electronic deeds risk losing their full evidentiary power before the law, creating legal uncertainty, and threatening the protection of the parties' rights. Therefore, regulatory reform containing specific provisions regarding electronic notarial deeds is an urgent need to guarantee validity, evidentiary power, and balanced legal protection in the digital era. 2) In its implementation, the digitalization of notarial deeds faces various obstacles such as legal vacuums, procedural uncertainty, threats to electronic data security, limited understanding of technology among notaries, and the absence of uniform operational standards. These obstacles can hinder the implementation of valid and effective digital deeds. To address this, concrete solutions are needed in the form of comprehensive regulatory updates, the development of digital-based standard operating procedures, strengthening information technology security systems, improving notary digital literacy through ongoing training, and strengthening cross-institutional collaboration. Keywords: Deeds; Digitalization; Notary.
Responsibilities of Notaries/PPAT in Ensuring Legal Certainty Regarding The Delivery of Land Rights Certificates by Developers to Buyers Prameswari, Kintan Kartika; Hafidz, Jawade
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. This study examines the responsibilities of Notaries and Land Deed Officials (PPAT) in ensuring legal certainty regarding the transfer of land title certificates by developers to buyers. Problems often arise when developers fail to hand over certificates even though buyers have fully paid their obligations, thus creating legal uncertainty and harming consumers. This study uses a normative juridical method with a statute approach. Data were obtained through literature review and analyzed qualitatively using descriptive-analytical methods. The results show that Notaries/PPATs have the responsibility to ensure that the deeds they make meet formal and material requirements, and play a preventive role in protecting buyers' rights. Therefore, strengthening regulations and oversight mechanisms is needed to ensure legal certainty.Keywords: Certificate; Developer; Legal Certainty; Notary; PPAT. 
The Role of the Regional Supervisory Board in Enforcing the Notary Code of Ethics in Sragen Regency Suyatmi, Suyatmi; Hafidz, Jawade
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: 1) The role of the Regional Supervisory Council in the implementation of the enforcement of the notary code of ethics in Sragen Regency. 2) Challenges of the Regional Supervisory Council (MPD) of Notaries in the framework of enforcing the code of ethics for notaries in Sragen Regency. This type of research is included in the scope of empirical research. The approach method in this study is a sociological legal approach. The types and sources of data in this study are primary and secondary data, obtained through interviews and literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1). The role of the Regional Supervisory Council in the implementation of the enforcement of the notary code of ethics in Sragen Regency is to ensure that notaries carry out their duties in accordance with the code of ethics and applicable laws and regulations. MPD functions as a supervisor and mentor, with the main task of providing guidance through socialization, training, and evaluation of notary performance in order to prevent violations. In addition, MPD also periodically supervises notary protocols and follows up on public complaints regarding alleged violations of the code of ethics or notary positions. As a supervisory institution, the MPD has the authority to hold hearings on alleged violations, grant leave permits, appoint replacement notaries, and determine the storage location for protocols that are 25 years oldormore. 2) Challenges of the Regional Supervisory Council (MPD) of Notaries in enforcing the code of ethics for notaries in Sragen Regency, namely the Regional Supervisory Council (MPD) of Notaries in Sragen Regency faces various challenges in enforcing the code of ethics, including limited authority, lack of resources, minimal supporting facilities, and low legal awareness among the community and notaries themselves. In addition, complex bureaucracy and a legal culture that is still developing also hamper the effectiveness of supervision. Therefore, it is necessary to strengthen regulations, increase the capacity of the MPD, optimize facilities, and provide legal education for the community and notaries in order to create more effective and professional supervision.Keywords: Code of Ethics Enforcement; MPD; Notary
The Legal Settlement Aspects of Land Grant Disputes Where Buildings Have Been Erected Due to Weak Evidence Satyo, Bagus Khusfi; 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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An agreement can be made if there is a skill, a halal cause, a thing and an agreement between the two parties. This research is descriptive analytical research which attempts to describe systematically and carefully the facts about the characteristics of a certain population. The approach that this author will take is the Sociological Juridical approach. The Sociological Juridical Approach emphasizes research that aims to obtain legal knowledge empirically by going directly into the object. Sociological Juridical Research is legal research using secondary data as initial data, which is then continued with primary data in the field. or towards society, researching the effectiveness of a Ministerial Regulation and research that wants to find relationships (correlations) between various symptoms or variables, as data collection tools consisting of document or library material studies and interviews (questionnaires). The Sociological Juridical Approach is aimed at reality by looking at the application of law (Das Sein). The researcher chose this type of legal research because the researcher saw a gap between the desired legal rules (Das Sollen) and the reality that occurred (Das Sein). A grant is giving something to a desired person voluntarily. In general, the definition of a gift is giving something to a desired person while they are still alive, which is different from the concept of inheritance. Grants themselves are quite often found at social events, such as giving land to social institutions or religious buildings. Not infrequently, grants are also given in the form of assets or property. Keywords: Authority; Dispute; Grant; Mediation.
Co-Authors A. Saiful Aziz Achmad J Pamungkas, Achmad J Achmad Sulchan Adhitya, Bakhtiar Satria Aditya Noviyansyah Agung Widodo Agus Prasetia Wiranto Ahmad Masdar Tohari Ahmad Mujib Rohmat Ahmad Zahrial, Fadhil Ahmed Kheir Osman Al Majid, Muchammad Bachtiar Alfian, Danang Amalia Chusna Chusna Amalia Fitri, Dini Amigdala, Zenith Amin Purnawan Anak Agung Putra Dwipayana Andi Hikmawanti Andi Irawan Haqiqi Andi Kusuma Mapareppa Anis Mashdurohatun Aprillus Riwu, Hary Agung Apromico Apromico Aqil, Muhammad Zumri Ardau, Faisal Arif Rakhman Arifullah, Achmad Arigonnanta Bagus Wicaksono Ariyani, Sahida Arum Kurnia Sari Ary Yuniastuti Aryani Witasari Asmak UI Hosnah Avia Surya Ningrum Ayu Kartika Dewi, Kadek Bagas Aditya Kurniawan Bambang Sunoto Bambang Tri Bawono Bambang Tri Bawono Baryadi Baryadi Benseghir, Mourad Budi, Anita Widyaningrum Budianto, Ari Cahyowati, Yeti Carki Carki Danang Prasetya Nugraha Denny Suwondo Dian Laras Sukma Dian Yustisia Nabila Didik Sudarmadi Dimas Pratama Yuda, Dimas Djunaedi Djunaedi Doni Cakra Gumilar Dwi Margono Dwi Saputra, Andy Bharata Yudha Eko Soponyono Soponyono Endah Wahyuningsih, Sri Entin Sholikhah Erwin Chan Esti Ningrum Fadhilah Sundah Fitriani Akrima Ganis Vitayanty Noor Gerin Prayoga Gunarto Gunarto Halim Ady Kurniawan Harviyana, Marisa Hasana, Dahniarti Hendy Hendariyadi Hengki Irawan Heri Mulyono Hermawan, Ecep Maman Hikmatul Mahfiyyah Huda, Indra Kusuma Ikayanti Ikayanti Indra Jaya Syafputra Indra Muliawan Indriyanto Dian Purnomo Ira Alia Maerani Ira Alia Maerani Ismail, Moch Taufiq Ismi, Nur Joko Hermawan Sulistyo Kasih, Chintya Cinta Khairuddin, Muhammad Khairul Iman Susanto Khalam Faozy Kinanthi, Lembah Nurani Anjar Komarudin Komarudin Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Laksamana Bagas Dewandaru Laksono, Ruananda Kharismatika Lathifah Hanim Latifah Hanim Lely Yuliana Lilis Wardani, Lilis Lita Ardita Putri Widyantoro M Madaninabawi M. Rizal Bagaskoro M. Zaenal Arifin Mahmutarom Harun Rasyid Makmaker, Petronela Yosinta Kelyombar Mansyah, Angra Martin Anggiat Maranata Manurung Maryanto Maryanto Monika, Julia Muhammad Azam Muhammad Dias Saktiawan Muhammad Najmuddin, Muhammad Muhammat Teguh Safi'i Mulia, Fina Adinda Mursito, Bambang Nafisah, Durorun Nanang Sri Darmadi Ngadino Ngadino Norma Sari Novita, Puteri Mela Nuha, Revana Mahran Nuni Trianingrum, Nuni Nur Amanah Amanah Nurul Fuji Sri Hastuti Octaviani, Sri Ayuning Triana Rizqi Oktavianto, Heri Paruhum, Raja Toga Peni Rinda Listyawati Pertiwi, Tusi Wirahayu Prameswari, Kintan Kartika Prasetia Wiranto, Agus Prasetyo, Seno Pratidina, Merry Fitri Priyantono Priyantono Putri, Ristien Gita Eka Ranto Cahyoko, Ranto Ridwan, Nanang Rifka Annisa Apriana Riftia Anggita Wulan Sari Rizky Adi Prinandito Robertus David Mahendra Saputra Rois Harliyanto Ruselia, Mawar Saddam Hussein Saija, Jovita Agustien Saputra, Muhammad Rezki Wira Sarbudin Panjaitan Satria, Moh. Pandu Putra Satria, Rifai Ermin Satyo, Bagus Khusfi Sebastian Wibisono Sefin Anggi Riyantika Septiarni Marsang, Ni Dya Setiyawan, Deni Setiyo Nugroho, Latif Sheila Indah Kurnianingsih sholikah, Dianita Imroatus Siswanto, Moh. Aris Siti Maemunah Siti Rohaeti Situmorang, Saut Tua Soegianto Soegianto Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Kusriyah, Sri Subiyanto Subiyanto Sukatendel, Reggy Permana Supriyanti, Nadila Marta Suryandari, Marnita Eka Suwondo, Denny Suwono Suwono Suyatmi Suyatmi Syaeful Bahri Syahputra, Maulana Juardi Tabah Ikrar Prasetya, Tabah Teguh Anindito Tri Handayani Tri Widyastuti Ulfah, Ulu Maeni Virginia Puspa Dianti Wahid Mahbub Wahyu Hidayat Wahyu Ismail Widayati Widayati Widhi Handoko Wijaya, Dwi Julianto Wijaya, Eko Wilddan Auliya Winanda, Gustian Wiranto, Agus Prasetia Wulansari, Restu Tri Yansyah, Dedi Yeremias Tony Putrawan Yogi Setiyo Pamuji Yunianto Wahyu Sadewa Yustisianto, Dwi ZA, Arief Febriyanto Zamaludin Zamaludin Zufriansyah, Mohammad Zulkifli, Muchlis