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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
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Public Health Social Sciences Other

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The Role of Notaries in Supporting the Implementation of Online Single Submission (OSS) in Establishing Business Licensing Najmuddin, Muhammad; Hafidz, Jawade
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. This study aims to analyze: 1) The role of notaries in supporting the implementation of Online Single Submission (OSS) in the licensing process for establishing a business entity in Batam. 2) Obstacles and solutions in the implementation of Online Single Submission (OSS) related to licensing for establishing a business entity in Batam. This type of research is empirical legal research. The approach method in this study is a sociological legal approach. The types of data in this study are primary and secondary data. The data collection method uses interview and literature (study document) techniques. The analysis in this study is prescriptive. The results of the study concluded: 1) The role of notaries in supporting the implementation of Online Single Submission (OSS) in the licensing process for establishing a business entity in Batam, namely as a compiler of authentic deeds of establishment of a business entity, as a legal facilitator, administrative assistant, and a communication bridge between business actors and the OSS system and government agencies. This role includes ensuring formal legality through deeds and ratification from the Ministry of Law and Human Rights, verification of legal data such as KBLI and company structure, and special assistance for MSMEs and foreign investors who often experience obstacles in navigating the OSS and IBOSS systems. In areas with complexity such as Batam, the active and adaptive role of notaries is the key to the success of the digital business licensing process. 2) Obstacles in the implementation of Online Single Submission (OSS) related to business establishment licensing in Batam still face a number of challenges, including the less than optimal integration between the national OSS and local IBOSS, limited human resources and information technology infrastructure, low understanding of business actors regarding digital systems, overlapping authority between BP Batam and the City Government, and minimal socialization and technical training. Solutions to overcome these obstacles include comprehensive system harmonization, increasing institutional and technological capacity, strengthening the role of notaries as official partners for OSS assistance, establishing clear technical regulations related to institutional authority, and massive education programs for business actors. If implemented consistently, OSS in Batam can become a digital licensing model that is efficient and responsive to the needs of areas with special status.Keywords: Business Entity; OSS; Licensing.
Responsibilities and Legal Protection for Substitute Notaries for Authentic Deeds They Have Made Yansyah, Dedi; 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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A Substitute Notary is someone who is temporarily appointed as a Notary to replace a Notary who is on leave, sick, or temporarily unable to carry out his or her position as a Notary with the aim of ensuring that there is no vacancy in carrying out the duties of the Notary. This research aims to 1) Find out and analyze the Responsibility and Protection for Substitute Notaries for authentic deeds they have made and 2) Find out and analyze the legal consequences for the responsibilities and protection for Substitute Notaries who have issued authentic deeds. This research approach uses a Nomative Juridical approach with the research specifications in writing this thesis being analytical descriptive, especially in terms of responsibility and legal protection for Substitute Notaries for the authentic deeds they make. The type of research is qualitative and the data source comes from primary data and secondary data. The conclusions in this research show that in accordance with Article 65 of the Notary Position Law, a Substitute Notary is responsible for the formal form of the Authentic Deed. The responsibilities of a Substitute Notary can be divided into two, namely, responsibilities while still serving as a Notary and responsibilities when no longer serving as a Notary. Legal Protection for Substitute Notaries according to Article 66 of the Notary Position Law, namely through the Honorary Council of Notaries, the Rights and Obligations of Denial, Attaching Letters, Documents and fingerprints to the Deed Minutes, Organization of the Indonesian Notary Association, Supervision of the implementation of the Notary's code of ethics. The legal consequences for the responsibilities and legal protection of a Substitute Notary can be divided into three: (1) civil legal consequences, namely compensation for losses; (2) Administrative legal consequences, namely verbal warning, written warning, temporary dismissal, honorable dismissal and dishonorable dismissal; (3) criminal legal consequences, a Substitute Notary can be punished if he violates the provisions regarding falsification of an authentic deed, provides false information in an Authentic Deed and reveals secrets which he is obliged to keep because of his position. Keywords: Authentic; protection; Responsibility; Substitute.
Problems Regarding the Impact of Residential Land Acquisition on Land and Building Compensation Does Not Cover Community Business Activities Mansyah, Angra; Hafidz, Jawade
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. This study aims to determine how the problems, laws, and obstacles of the impact of land acquisition for settlements on land and building compensation do not cover community business activities, a case study of the Kendari-Toronipa road, the author uses the method of legal research is empirical legal research (sociological). Namely research that uses empirical facts taken from human behavior, both verbal behavior obtained through interviews and real behavior carried out through direct observation with normative juridical as a writing approach, The results of the study show that the construction of the Kendari-Toronipa main road has reaped many problems including compensation that is not in accordance with the initial agreement or changes from the relevant government to the affected community, then there is no compensation for community business activities, this shows the community's ignorance and the absence of socialization regarding compensation for land does not cover business activities. The draft planning and legal certainty applicable in terms of land acquisition and compensation in Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest and its update to the Government Regulation in Lieu of Law Number 39 of 2023. The Southeast Sulawesi Provincial Government in the construction of the Kendari-Toronipa road which is based on Land Acquisition for Development in the Public Interest, however, in its implementation not all are applied from the informants interviewed by the researcher, many of them still receive compensation that is not in accordance with the agreement or deliberation that has been carried out, and the application of compensation does not cover community business activities that are not applied at all by the government, in this case in the case of compensation for Kasilampe Beach, Mata Village, and businesses that do not receive compensation for the business losses they experience.Keywords: compensation; land acquisition; Problems.
Position and Responsibilities of a Substitute Notary for a Notary Who Has Died Pratidina, Merry Fitri; 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 understand and analyze the position and responsibility of a Substitute Notary towards a Notary who has died and its legal consequences. This type of research uses normative juridical and the analytical tools in this study are the theory of legal objectives and the theory of legal responsibility. The results of the research and discussion show that a substitute Notary is tasked with replacing or taking over all obligations of a notary who is taking leave within a specified period of time. A Substitute Notary has the same obligations and authorities as a regular Notary. This is in accordance with the provisions in Article 33 paragraph (2) of the Notary Law which stipulates that the provisions in Article 4, Article 15, Article 16 and Article 17 of the Notary Law apply and are also binding on Substitute Notaries, as long as it is not specified otherwise. Substitute Notaries have the same responsibility in carrying out their duties, in accordance with the provisions of Article 65 of the UUJN. As a result of the legal position and responsibility of the Substitute Notary towards the Notary who is replaced who dies, the heirs can propose that the Notary Holding the Protocol and the MPD appoint a Notary as the recipient of the protocol or the MPD appoints a Notary who receives the protocol for a period of 14 (fourteen) days from the end of the term of office of the Temporary Notary.
Legal Settlement of Fiduciary Guarantee Objects Transferred by Debtors to Third Parties Setiyo Nugroho, Latif; Hafidz, Jawade
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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This study aims to analyze: 1) The application of criminal sanctions against acts of transfer of fiduciary collateral. 2) Alternative non-litigation efforts in law enforcement against acts of transfer of fiduciary collateral. This type of research is normative legal research. The approach method in this study is the statute approach. The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study document). The analysis in this study is prescriptive. The results of the study concluded: 1) The application of criminal sanctions against the act of transferring fiduciary collateral without written consent from the creditor is a form of legal protection for creditor rights and an effort to uphold the principle of legal certainty in financing agreements. Based on Article 23 paragraph (2) and Article 36 of Law Number 42 of 1999 concerning Fiduciary Collateral, the act of transferring, pawning, or renting fiduciary collateral without written consent from the fiduciary recipient is categorized as a criminal act, with a maximum prison sentence of two years and a maximum fine of fifty million rupiah. The criminal elements in these provisions are alternative, so that the fulfillment of one form of action (transferring, pawning, or renting) without the creditor's consent is sufficient to ensnare the perpetrator criminally. The application of this provision can be seen in the Decision of the Jepara District Court No. 320/Pid.Sus/2011/PN Jpr, where the defendant was sentenced to prison and a fine for the act of re-pledged fiduciary objects without permission. 2) Alternative non-litigation efforts in law enforcement against acts of transfer of fiduciary collateral are effective and efficient means of law enforcement against acts of transfer of fiduciary collateral without the consent of the creditor. Settlement through non-litigation channels such as consultation, negotiation, mediation, conciliation, or expert assessment can be a solution that prioritizes the principles of justice, benefit, and efficiency of time and cost compared to a long criminal justice process.
Responsibilities And Werda Notary's Legal Protection for Deeds He Made While Still Serving as a Notary Al Majid, Muchammad Bachtiar; 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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Responsibility and legal protection in the UUJN only regulates "notaries who are still in office", not "notaries whose term of office has ended". This research aims to determine the responsibilities of retired notaries regarding deeds made while still in office and their form. legal protection for retired notaries for deeds made while still in office. The research method in this study uses a normative juridical approach, research specifications use descriptive analysis, data sources and data collection techniques use secondary data taken through literature study and data analysis uses qualitative analysis. The results of the research show that a retired notary remains responsible for deeds made while still in office until he dies. Meanwhile, the form of legal protection for retired Notaries is contained in the Memorandum of Understanding between the Indonesian National Police and INI number: 01/MOU/PPINI/V/2006 and in Article 66 UUJN. This article means that legal protection applies to notaries who are still serving and those who have retired. Because the responsibility of a notary is lifelong, the legal protection for notaries in Article 66 UUJN also applies until the notary dies. Keywords: Notary; Protection; Responsibility; Werda.
Legal Protection for the Confidentiality of Taxpayer Data in the Validation Process via E-PHTB Notary/PPAT Supriyanti, Nadila Marta; 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 Role of Notaries in Public Company Share Transactions In the Capital Market of the Indonesia Stock Exchange Prasetyo, Seno; 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) The role of notaries in stock transactions of public companies in the Capital Market of the Indonesia Stock Exchange. 2) Obstacles faced by notaries in ensuring the validity and legal certainty of stock transactions in the capital market. This type of research is included in the scope of empirical legal 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 notaries in stock transactions of public companies in the Capital Market of the Indonesia Stock Exchange based on Article 15 paragraph (1) of Law Number 2 of 2014 concerning the Position of Notaries (UUJN), notaries are tasked with making authentic deeds required by laws and regulations, including in the Initial Public Offering (IPO) process and stock transactions. In addition, in accordance with Article 64 paragraph (1) of Law Number 8 of 1995 concerning Capital Markets, as amended by Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (PPSK Law), notaries are recognized as a supporting profession for the capital market. In this capacity, notaries play a role in helping to prepare and ratify important legal documents, such as changes to the company's articles of association, minutes of the General Meeting of Shareholders (GMS), and share sale and purchase agreements, which are the legal basis for transactions on the IDX. 2) Obstacles faced by notaries in ensuring the validity and legal certainty of stock transactions in the capital market, such as inaccurate or incomplete data and documents, issuers' ignorance of regulations, rapid regulatory changes, the complexity of capital market transactions, limited access to digital information, and potential inconsistencies between national law and international practices. To overcome these challenges, solutions are needed such as better data validation, education for issuers, improving notary competency, collaboration with related parties, development of an integrated digital system, and alignment of national regulations with international standards. Thus, notaries can carry out their role optimally to create legality and legal certainty in capital market transactions.
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.
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 nuryana nuryana, nuryana 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 Romiz Rizqullah, Fakhri Ruselia, Mawar Saddam Hussein Sahroni Sofyan, Yusuf 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 Setiawan Budiman, Puja Setiyawan, Deni Setiyo Nugroho, Latif Sheila Indah Kurnianingsih sholikah, Dianita Imroatus Siswanto, Moh. Aris Siti Maemunah Siti Rohaeti Situmorang, Saut Tua Soegianto Soegianto Sofyan, Yusuf Sahroni 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 Taufani, Rizki Teguh Anindito Tri Handayani Tri Widyastuti Ulfah, Ulu Maeni Virginia Puspa Dianti Wahid Mahbub Wahyu Hidayat Wahyu Ismail Watiah, Watiah 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