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Journal : TABELLIUS

Responsibilities of Officials Making Land Deeds (PPAT) for Deeds of Sale and Purchase of Land That Give rise to Disputes Resmi, Puji; Laksana, Andri Winjaya
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

The high strategic value of land makes it prone to disputes, so Land Deed Officials (PPAT) are required to understand land law in depth so that the deeds they make are legally valid and avoid legal conflicts due to misuse of transfer of rights. This study aims to analyze the importance of understanding land law for Land Deed Officials (PPAT) in ensuring the validity of land transfer deeds and preventing disputes due to misuse of land transactions. The type of research used is doctrinal research with a legislative and theoretical approach. Secondary data consists of primary, secondary, and tertiary legal materials. The data analysis method used is perspective analysis, which involves systematically compiling the data and then analyzing it descriptively and qualitatively to gain clarity on the research problem. The research results state that Land Deed Officials (PPAT) play a crucial role in ensuring the validity of land transactions through the preparation of authentic deeds, document verification, and registration with the National Land Agency, and are obligated to reject the issuance of deeds if there are disputes, incomplete documents, or indications of legal violations. Land disputes caused by duplicate certificates, unclear boundaries, illegal transactions, and slow settlement processes can be prevented by PPATs through proper procedures, and violations by PPATs can result in legal sanctions. Dispute resolution can be carried out non-penally through mediation and deliberation, or penally through the courts, in order to achieve legal certainty and fair protection for all parties.
Legal Implications of Underhand Agreements Between Hospitals and Medical Device Distributors Mekarsari, Septi Wahyuning; Prayitno, Ahmad Hadi; Laksana, Andri Winjaya
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Procurement of medical devices is an important part in supporting health services in hospitals. In practice, cooperation between hospitals and distributors of medical devices is often stated in the form of private agreements without involving a notary. This study aims to analyze the legal implications of private agreements in the event of a breach of contract between hospitals and distributors of medical devices, both from the perspective of civil law and health law, and to provide legal recommendations as a reference for dispute resolution. The type of research used is sociological juridical research with a case study at RSAU dr. Yuniati Wisma Karyani Natuna. The research specifications are descriptive analysis, the types of data used are primary data, secondary data, primary legal materials, secondary legal materials and tertiary legal materials, then the data collection method is by interviewing health workers at RSAU dr. Yuniati Wisma Karyani Natuna, and the analysis method in this study is qualitative analysis. The results of the study indicate that private agreements still have binding legal force as long as they meet the legal requirements of the agreement as regulated in Article 1320 of the Civil Code. However, the agreement has limitations in terms of evidentiary power compared to authentic deeds. In the event of a breach of contract, the injured party has the right to demand fulfillment of the contractual obligations, compensation, cancellation of the agreement, or transfer of risk. From a health law perspective, a breach of contract has the potential to compromise the quality of healthcare services and patient safety, thus requiring the hospital to retain legal responsibility for the provision of healthcare services. Therefore, this study recommends that cooperation agreements be drawn up in the form of an authentic deed or at least legalized.
Legal Force of Under-Hand Deeds Legalized by a Notary Setiadinanti, Syakina; Shallman, Shallman; Laksana, Andri Winjaya
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the comparative legal force between private deeds legalized by a notary and those not legalized, and to examine the responsibilities and legal protections for notaries in this process. Notaries, as public officials, have important authority to provide legal certainty by verifying signatures and confirming the legalization date on private deeds. The approach used in this research is a statute approach. This type of research is normative. The data used in this study are secondary data obtained through literature review and supported by information from a notary in Tegal. The research concludes: 1) A legalized deed has a stronger position because the notary guarantees that the signature is authentic and the date of its creation is certain. However, this legalization does not change the status of a private deed into an authentic deed, but can strengthen the evidentiary value of the deed if a dispute arises in the future. 2) The notary's responsibility in legalizing a private deed is limited to formal aspects, namely ensuring the accuracy of the signature, the identity of the parties, and the certainty of the date, not to the contents of the agreement. A notary can be held accountable if in carrying out his duties there is negligence or violation of applicable provisions. However, as long as the notary carries out his authority in accordance with laws and regulations and the code of ethics, the notary obtains legal protection, including through the role of the Notary Honorary Council which regulates the procedure for summoning a notary in legal proceedings.
Law Enforcement Against Abuse of Authority by The Lurah in Issuing Multiple Certificates (Case Study in Medokan Subdistrict, Surabaya) Estuanti, Ananda; Arifulloh, Achmad; Laksana, Andri Winjaya
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study examines the enforcement of law against the abuse of authority by a village head (lurah) in the issuance of double land certificates, with a case study in Medokan Subdistrict, Surabaya. The issue of double certificates represents a serious failure in land administration that directly undermines legal certainty and the protection of community land rights. In practice, the issuance of double certificates is often linked to the abuse of authority by local government officials through manipulation of juridical data, issuance of unlawful land statements, and disregard for the principle of prudence in public service. This research employs an empirical juridical method with a qualitative approach, combining statutory analysis with an examination of legal practices in the field. Data were collected through literature review, legal documents, and analysis of relevant empirical facts. The findings indicate that weak supervision, low integrity of officials, and an underdeveloped land administration system are the main factors contributing to the occurrence of double certificates. Law enforcement against officials who abuse their authority still faces significant obstacles, particularly in terms of evidence and inter-agency coordination. This study is expected to contribute academically to the development of notarial and land law, as well as provide practical recommendations for improving land administration governance based on legal certainty and justice.