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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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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.
Legal Certainty Aspects of the Implementation of Electronic Integrated Mortgage Rights Services at the National Land Agency of Majalengka District Setiawan Budiman, Puja; Hafidz, Jawade
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to determine and analyze the implementation of electronically integrated mortgage services at the National Land Agency of Majalengka Regency and analyze the implementation of legal certainty against obstacles in the implementation of mortgage services at the National Land Agency of Majalengka Regency. The approach method in this study is a sociological juridical approach. The research specifications used are descriptive analytical research. The type of data uses primary and secondary data. The data analysis method used is the theory of legal effectiveness according to Soerjono Soekanto and the theory of legal certainty according to Gustav Radbruch.          The results of the research and discussion in this study are: 1) The implementation of electronically integrated Mortgage Rights services at the National Land Agency of Majalengka Regency is a strategic aspect in order to increase efficiency, transparency and accountability of land services in accordance with the mandate of Law Number 4 of 1996 concerning mortgage rights on land Jo. Government Regulation Number 24 of 1997 concerning Land Registration, Jo. Regulation of the Head of the National Land Agency Number 1 of 2020 concerning the implementation of electronic mortgage rights services, the effectiveness of electronic mortgage rights registration is a key aspect in accelerating registration, submission and ratification of Mortgage Rights appropriately and transparently, minimizing manual interventions that cause deviations or corrupt practices and providing easy access to services to the public and business actors without having to be physically present at the land office. This is in line with the provisions of Law Number 25 of 2009 concerning Public Services which emphasizes the importance of fast, accurate, transparent and accountable services as part of good governance. 2) The implementation of Electronic Mortgage Rights (HT-el) in Majalengka Regency still faces various complex problems, especially the inconsistency between the Regulation of the Minister of ATR/BPN No. 9 of 2019 and Law No. 4 of 1996 concerning Mortgage Rights which gives rise to dualism of regulations and legal uncertainty, especially in terms of the form and validity of documents. In addition, the evidentiary power of electronic documents in the HT-el system is still questionable in the event of a dispute, especially if it is not equipped with an adequate security and authentication system. The obligation of Land Deed Officials (PPAT) to make a statement of document validity has also been highlighted because it is considered to burden legal responsibilities unilaterally. Another problem is the low readiness of facilities, infrastructure and human resources both at the Majalengka Regency Land Office and external users such as PPAT and banks which hinders the optimization of the implementation of HT-el as a whole in the Majalengka Regency area.
Investigation of Corruption Crimes in Capital Investment of West Sumbawa Regency Regional Public Company Taufani, Rizki; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49505

Abstract

This study aims to analyze the investigation into the corruption case involving equity participation in the West Sumbawa Regency Regional Public Company (Persda) at the West Sumbawa District Attorney's Office, as well as the obstacles and solutions. This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used are primary and secondary data. Data collection methods include field studies and literature studies, and the data analysis method is qualitative. The theories used in this study are the theory of justice, the theory of legal systems, and the theory of legal certainty. Based on the research results, it can be concluded thatpThe investigation of the corruption crime of capital participation in West Sumbawa Regency Regional Public Company at the West Sumbawa District Attorney's Office has been in line with the applicable laws and regulations, namely the Criminal Procedure Code, the Corruption Law and Perja Number Perja Number Per-017/A/Ja/07/2014. Obstacles in the investigation of the corruption crime of capital participation in West Sumbawa Regency Regional Public Company at the West Sumbawa District Attorney's Office are the lengthy process of examining state losses by the PKP, limited human resources, inadequate facilities and infrastructure, especially related to the budget. The solution to overcome this is to coordinate intensively with the BPKP so that the audit report is completed immediately, request additional members from the Attorney General's Office if not fulfilled then maximize the existing members, request additional budget from the Attorney General's Office, if not fulfilled save the budget until the case is completed in court.
Analysis of the Role of Notaries in Changing a Sole Proprietorship (PT) to a Regular Limited Liability Company (PT) Nuryana, Nuryana; Hafidz, Jawade
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.219-232

Abstract

This study aims to analyze: 1)The role of a notary in changing a limited liability company (PT) from an individual to a regular limited liability company (PT). 2). The responsibility of a notary in changing a limited liability company (PT) from an individual to a regular limited liability company (PT). This type of research falls within the scope of normative legal research. The approach method in this research is the statute approach. The type of data in this research is secondary data. Secondary data sources consist of primary, secondary, and tertiary legal materials. The data collection method in this research is using library techniques (document study). The analysis in this research is prescriptive. The results of the research conclude: 1). The role of a notary in changing a limited liability company (PT) from an individual to a regular limited liability company (PT) is the implementation of the attribution authority granted by the state as regulated in Law Number 2 of 2014 concerning the Position of Notary (UUJN). In its implementation, a notary is authorized to make an authentic deed as a legal basis for changing the status of a legal entity, adjusting the articles of association in accordance with Law Number 40 of 2007 concerning Limited Liability Companies, and ensuring that the legal provisions for establishment are met as stipulated in Article 7 paragraph (1) of the PT Law. The notary also plays a role in verifying the data and documents of the parties, preparing a Deed of Statement of Change of Status, and submitting the ratification of the change through the Legal Entity Administration System (SABH) at the Ministry of Law and Human Rights. In addition to being an official who makes the deed, the notary acts as a legal advisor who ensures that the entire process of changing the legal entity runs according to procedure, based on the principle of legal certainty (rechtszekerheid) and orderly administration, so that the resulting deed has binding legal force and protects the legal interests of the parties. 2) The notary's responsibilities in changing an Individual PT into an Ordinary PT include administrative, civil, criminal and ethical aspects, as stipulated in statutory regulations. Notaries are responsible administratively under Article 85 of the UUJN, civilly under Article 1365 of the Indonesian Civil Code, and criminally under Article 266 of the Indonesian Criminal Code, and are required to comply with the Notary Code of Ethics (INI). Legally, these responsibilities reflect the principles of accountability and legal certainty (rechtszekerheid) so that the deeds they create have valid legal force and protect the rights of the parties.
Legal Protection of Women's Rights in the Division of Joint Assets Due to Divorce Watiah, Watiah; Hafidz, Jawade
Sultan Agung Notary Law Review Vol 7, No 3 (2025): September 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.3.233-245

Abstract

This study aims to analyze: 1)The status of joint property between husband and wife after divorce. 2) Forms of legal protection for women's rights in the division of joint property after divorce. This type of research is normative legal research. The approach method in this research is a 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 (document study). The analysis in this study is prescriptive. The results of the study conclude: 1) The status of joint assets between husband and wife after divorce remains legally recognized as joint property until a legal division is carried out according to statutory provisions. This division is basically carried out in a balanced manner (½:½) as stipulated in Article 97 of the Compilation of Islamic Law and Article 128 of the Civil Code, but the judge has the authority to assess substantive justice based on the contribution of each party. Theoretically, this principle is in line with Gustav Radbruch's Theory of Justice which places justice as the highest legal value, and is in line with the values of Pancasila justice and Islamic justice which emphasize balance, welfare, and humanity. 2) Forms of legal protection for women's rights in the division of joint assets after divorce include preventive protection and repressive protection. Preventive protection is realized through a marriage agreement, the obligation of joint agreement in the management of joint assets, as well as recording and monitoring assets to prevent unilateral control. Repressive protection is provided through the woman's right to file a lawsuit for the division of joint property, demand the annulment of unilateral legal acts, and acknowledge the wife's non-material contributions, as stipulated in PERMA Number 3 of 2017 and affirmed in several Supreme Court decisions. Support from various regulations such as Law Number 7 of 1984 concerning the Ratification of CEDAW, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence further strengthens the guarantee of women's economic rights after divorce.
Analysis of the Use of Electronic Certificates in Preventing Land Certificate Forgery Sahroni Sofyan, Yusuf; Hafidz, Jawade
Sultan Agung Notary Law Review Vol 7, No 4 (2025): December 2025
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.7.4.381-392

Abstract

This study aims to analyze the use of electronic land certificates in preventing land certificate forgery, to analyze the obstacles and solutions to the use of electronic certificates in preventing land certificate forgery. The approach method used is the legislative approach. This type of research is normative juridical research. The type and source of this research data are secondary data. The data analysis method is prescriptive. The results of the study indicate that in dealing with certificate forgery through electronic certificates in the Regulation of the Minister of ATR/BPN No. 1 of 2021 as a form of land modernization. This digitalization is to increase efficiency, transparency, data security, and public trust, while strengthening legal protection and land governance that is more modern and free from illegal practices. In bureaucratic reform, electronic certificates by ATR/BPN are a step in land digitalization to increase efficiency, transparency, and accountability. Its success is influenced by socialization, digital literacy, and apparatus readiness, with challenges such as infrastructure inequality and data security issues. Implementation needs to be gradual and in accordance with the principles of good governance to create modern, safe, and publicly trusted land governance.
Analysis of the Use of Electronic Certificates in Preventing Land Certificate Forgery Sofyan, Yusuf Sahroni; Hafidz, Jawade
Jurnal Konstatering Vol 4, No 4 (2025): October 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the use of electronic land certificates in preventing land certificate forgery, to analyze the obstacles and solutions to the use of electronic certificates in preventing land certificate forgery. The approach method used is the legislative approach. This type of research is normative juridical research. The type and source of this research data are secondary data. The data analysis method is prescriptive. The results of the study indicate that in dealing with certificate forgery through electronic certificates in the Regulation of the Minister of ATR/BPN No. 1 of 2021 as a form of land modernization. This digitalization is to increase efficiency, transparency, data security, and public trust, while strengthening legal protection and land governance that is more modern and free from illegal practices. In bureaucratic reform, electronic certificates by ATR/BPN are a step in land digitalization to increase efficiency, transparency, and accountability. Its success is influenced by socialization, digital literacy, and apparatus readiness, with challenges such as infrastructure inequality and data security issues. Implementation needs to be gradual and in accordance with the principles of good governance to create modern, safe, and publicly trusted land governance.
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