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All Journal Majalah Ilmiah Sultan Agung JURNAL HUKUM Jurnal Hukum Khaira Ummah Ahkam: Jurnal Ilmu Syariah Masalah-Masalah Hukum ADDIN Jurnal Dinamika Hukum Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Hasanuddin Law Review KERTHA WICAKSANA DIVERSI : Jurnal Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum ADDIN JHCLS Law Development Journal Sultan Agung Notary Law Review Jurnal Cakrawala Informasi (JCI) Lex Publica Jurnal Ilmiah Sultan Agung Enrichment: Journal of Multidisciplinary Research and Development MILRev: Metro Islamic Law Review Jurnal Konstatering TABELLIUS
Jawade Hafidz
Faculty Of Law UNISSULA Semarang
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The Notary's Responsibility for Legalization of Letters Underhand Based on Basic Legal Values Octaviani, Sri Ayuning Triana Rizqi; 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

This research aims to determine and analyze the responsibility of Notaries for the legalization of private documents based on basic legal values and the legal consequences of private letters that have received Notarial legalization. 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 the community, examining the effectiveness of a Ministerial Regulation and research that seeks to find relationships (correlations) between various symptoms or variables. Based on research, it can be concluded that the Notary's responsibility for the veracity of the legalized private letter is the certainty of the signature, meaning that it is certain that the person signing the signature is indeed the party in the private letter, not someone else. The legal consequences of a private letter that has received legalization from a Notary can be more helpful for the judge in terms of proof because by acknowledging the signature, the contents of the letter are considered to be an agreement between the parties because the truth of a private letter lies in the signatures of the parties, so the signature of the letter is acknowledged. This is perfect proof. Keywords: Accountability; Legalization; Notary Public; Underhand.
Legal Analysis of Legal Certainty of Land Ownership Rights for Foreign Citizens (WNA) in Indonesia Maemunah, Siti; Hafidz, Jawade
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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This study aims to analyze: 1) Legal certainty of land ownership rights for foreign nationals (WNA) in Indonesia. 2) Legal consequences of the transfer of land ownership rights covertly by foreign nationals (WNA). This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The types and sources of data in this study are secondary data obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) Legal certainty of land ownership rights for foreign nationals (WNA) in Indonesia is strictly regulated by the Basic Agrarian Law (UUPA) and its implementing regulations. According to Article 42 of the Basic Agrarian Law (UUPA), WNA can only be given use rights and lease rights to land, not ownership rights. In addition, Article 52 paragraph (1) of Law Number 1 of 2011 concerning Housing and Residential Areas (as amended by Law Number 6 of 2023) emphasizes that foreign nationals can occupy houses with rental rights or usage rights. The main criteria for foreign nationals to own a house with rental rights or usage rights is the ownership of valid immigration documents in accordance with the regulations. The usage rights and rental rights system limits foreign nationals from having full control over a house or land, in accordance with Article 21 and Article 26 of the UUPA. 2) The legal consequences of the transfer of land ownership rights in a disguised manner by foreign nationals (WNA) have serious legal implications, considering that this violates the basic principles of the Basic Agrarian Law (UUPA) which limits land ownership rights only to Indonesian Citizens (WNI). Hidden agreements, such as nominee agreements, which aim to circumvent the provisions of agrarian law, are therefore considered null and void according to Article 26 paragraph (2) of the UUPA. As a result, the promised land will fall to the state, and the parties involved cannot demand a refund. This kind of agreement is contrary to the valid conditions of an agreement according to Article 1320 of the Civil Code, especially regarding the object of the agreement and the purpose that does not conflict with the law.
Legal Implications in The Execution of a Will Without Making a Will Authentic Deed in the Conception of Legal Certainty Nuha, Revana Mahran; 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. The legal system in Indonesia is pluralistic in nature, in which it applies as a legal system that has its own characteristics and structure, namely the customary legal system, the Islamic legal system, the western legal system (civil). In this case, inheritance law is also regulated in it. Where in Islam, a "will" is an act of someone giving an object or benefit to another person or institution/legal entity, which is valid after the giver dies, the research method uses a normative legal approach. The specification of legal research that will be used in this writing is descriptive research, the method of data collection in this study through literature studies and documentation studies. Data analysis in a systematic way includes data reduction, data presentation and drawing conclusions. Based on the research results, it can be concluded that the Legal Implications for the Implementation of a Will Without Making an Authentic Deed in the Concept of Legal Certainty, namely the legal certainty of a will without a Notary deed in the KHI with the Civil Code is that it has a written legal basis, is the last statement of the testator after before he died and its implementation after the testator dies, can be revoked and can be cancelled or canceled, has the aim of human welfare so that there is no dispute between the heirs. The difference between a will without a Notary deed in the KHI is a minimum age of 21 years while the Civil Code is a minimum age of 18 years, seen from the recipient of the will in the KHI, namely another person or institution while the Civil Code is an outsider and the heir, seen from its form in the KHI, namely oral or written or before a Notary while the Civil Code is written before a Notary or deposited/stored by a Notary. Legal Protection for Will Recipients Who Make Wills Without Making an Authentic Deed If There is a Dispute Between the Parties, namely the legal consequences of wills without a Notarial deed, making the will vulnerable to lawsuits from interested parties because the evidence is not strong enough and there is no legal certainty. According to the KHI and the Civil Code, wills need to be proven authentically, this is intended so that negative things that are not desired by the testator or the will recipient do not occur.Keywords: Certainty; customary; Legal; Notarial.
The Role of Land Deed Officials (PPAT) in Certifying Customary Land Wijaya, Dwi Julianto; Bawono, Bambang Tri; 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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Abstract

This research aims to: (1) To determine and analyze the implementation of registration/certification of customary land in Cirebon Regency. (2) To determine and analyze the role of PPAT in the implementation of registration/certification of customary land. The approach method in this research is sociological juridical. The research specification is analytical descriptive. Data collection tools consist of document or library material studies and interviews. Required data Primary Data and Secondary Data. Primary data was collected through interviews, and (2) secondary data was collected through literature study. Data analysis in this research was carried out qualitatively, that is, the data obtained was compiled systematically and then analyzed qualitatively to explain the problem being studied.1998, as well as Head of BPN Regulation Number 1 of 2006. Keywords: Land; PPAT; Registration.
Legal Position of Foreign Citizens Regarding Ownership of Land Ownership Rights by Inheritance Based on Notarial Deeds Kasih, Chintya Cinta; Suwondo, Denny; 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

This research aims tounderstand and analyze the legal position of foreign citizens regarding the ownership of land ownership rights by inheritance based on a notarial deed, as well as analyze the form of notary responsibility for the transfer of ownership rights to land by inheritance to foreign citizens based on the deed he madeThe research method used is ynormative uridis with analytical descriptive research specifications. DThe data required includes primary data and secondary data using data collection techniquesdocumentation or literature study is then analyzed using qualitative approach.Based on the research results, it shows that kThe legal position of foreign citizens regarding indirect ownership of land with a notarial deed is that a person's civil rights to inheritance cannot be lost except due to actions that are detrimental to the inheritance of the heir (the person who died) as regulated in Article 838, Article 839, 832 and 852 of the Civil Code. The form of notary responsibility for the indirect transfer of land ownership rights to foreign citizens is that the notary, in carrying out his profession in providing services to the public, must act in accordance with applicable laws and regulations and the notary's code of ethics to guarantee the truth of his actions. Keywords: Citizens; Foreign; Heirs; Land; Property; Rights.
Implementation of Land Registration Transformation Electronic Land Services at the Land Office of Tegal Regency Ulfah, Ulu Maeni; 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. The implementation of the transformation of land certificates from analog certificates to electronic certificates is carried out in stages through a media transfer process. The consideration for issuing the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning Electronic Certificates is to realize improved land services in order to improve public services to the community and indicators of ease of doing business, which are supported by information and communication technology by implementing electronic-based land services. The digitization of land certificates in Indonesia occurs when there is a new registration application and then the electronic land certificate process or media transfer from analog certificates to electronic land certificates is carried out, or due to something such as the practice of land buying and selling processes, changes in ownership status and others. Although there are no sanctions in the Regulation of the Minister of ATR/BPN Number 1 of 2021 concerning Electronic Certificates, for parties who are reluctant to digitize land certificates, it is undeniable that the digitization of land certificates in Indonesia will continue. Therefore, the ATR/BPN Office of Tegal Regency as the agency that technically oversees the land sector can prepare in terms of human resources (HR) and quality by prioritizing the principles of caution and accuracy.Keywords: Certificate; Digitalization; Electronic; Media.
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