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All Journal International Journal of Law Reconstruction Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Konstatering TABELLIUS
Achmad Arifulloh, Achmad
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Implementation of Complete Systematic Land Registration (PTSL) to Obtain Legal Certainty for Owners of Ready-to-Build Plots in Sungai Pelunggut Village, Sagulung District, Batam City Butarbutar, Romasni; Arifulloh, Achmad
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 implementation of PTSL to obtain legal certainty for the owners of ready-to-build plots in Sungai Pelunggut Village, Sagulung District, Batam City. 2) The obstacles faced and their solutions in the implementation of PTSL to obtain legal certainty for the owners of ready-to-build plots in Sungai Pelunggut Village, Sagulung District, Batam City. This type of research falls within the scope of sociological or empirical legal research. The approach used is qualitative. The data types and sources used are primary and secondary data, obtained through interviews, observations, and literature review. The analysis is descriptive and analytical. The research results concluded: 1). The implementation of Complete Systematic Land Registration (PTSL) for Ready-to-Build Plots in Sungai Pelunggut Village reflects the state's efforts to guarantee legal certainty of land rights for the community. Normatively, this program is based on Regulation of the Minister of ATR/Head of BPN Number 6 of 2018, which serves as the main legal basis for every stage of implementation, from inventory, collection of legal and physical data, to issuance of certificates. From a legal structure perspective, the implementation of PTSL involves the Ministry of ATR/BPN, the Batam City Land Office, and local governments down to the sub-district level, which together are tasked with the administration and field verification processes. From a legal substance perspective, the clarity and uniformity of procedures in the regulations provide legal legitimacy to the land registration process. Meanwhile, from a legal culture perspective, the community is beginning to show a change in attitude towards respecting formal legality, although not yet fully widespread. 2). The implementation of PTSL for Ready-to-Build Plots in Sungai Pelunggut Village still faces various complex obstacles. Normative constraints arise from the lack of clear technical regulations regarding the legalization of plots originating from informal housing, leading to confusion in their implementation. Administrative constraints include weak documentation proving rights by applicants, especially for plots obtained through underhand agreements or without proof of legal ownership. Technical constraints include discrepancies between the physical condition of the land and legal data, as well as difficulties in determining land boundaries due to overlapping claims. Social constraints include low community participation and a lack of legal understanding regarding the importance of land certification. Solutions that have been implemented include legal counseling approaches, strengthening inter-agency coordination, utilizing mapping and measurement technology, and community empowerment. Keywords: Land Registration; Legal Certainty; PTSL.
Legal Responsibility of Instrumental Witnesses in the Process Making Authentic Deeds Onetra, Rico; Arifulloh, Achmad
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 certainty of instrumental witnesses in the process of making authentic deeds. 2) the legal responsibility that can be imposed on instrumental witnesses if there is a discrepancy or untruth in the contents of the authentic deeds made. This type of research is normative legal research. The approach method in this research is the Statute approach. The type of data in this research is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study documents). The analysis in this research is prescriptive. The results of the study conclude: 1) The legal certainty of instrumental witnesses in the process of making authentic deeds is the main pillar in guaranteeing the formal validity and perfect evidentiary value of deeds made by notaries. Legal certainty demands that every authentic deed must be formed in accordance with the provisions of applicable laws, including the requirement for the presence of two instrumental witnesses as regulated in Article 16 paragraph (1) letter m and Article 40 paragraph (1) UUJN. These provisions are imperative and must be fulfilled, because without the presence of a valid instrumental witness, the deed made by a notary does not fulfill its formal elements and cannot be qualified as an authentic deed. 2) The legal responsibility that can be imposed on the instrumental witness if there is a discrepancy or untruth in the contents of the authentic deed made lies in the formal aspects of the formation of the deed, not in the substance or content of the deed. This responsibility can be in the form of civil liability if the act results in loss to another party (through an unlawful act), criminal liability if proven to be consciously involved in forgery, providing false information, or stating to be present when not present during the process of reading and signing the deed, and administrative or ethical liability if there is a violation of notarial procedures and rules.Keywords: Accountability; Authentic Deed; Instrumental Witness.
The Effectiveness of the Certificate of Inheritance Issued by the Sub-district in the Transfer of Land Rights Due to Inheritance in the Boyolali District Area Hapsari, Anindya Ayu; Arifulloh, Achmad
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) Procedures for the issuance of a Certificate of Inheritance issued by the sub-district in the transfer of land rights due to inheritance in the Boyolali District area. 2). Effectiveness of the Certificate of Inheritance issued by the sub-district in the transfer of land rights due to inheritance in the Boyolali District area.This type of research falls within the scope of empirical legal research. The approach used is a sociological-juridical approach. The data types and sources used are primary and secondary data, obtained from interviews and literature studies. The analysis is descriptive and analytical. The following conclusions are drawn from the research results: 1). Procedures for implementing the issuance of a Certificate of Inheritance issued by the sub-district in the transfer of land rights due to inheritance in the sub-district areaBoyolali includes applications, collecting administrative requirements, filling out forms or making a statement of heirs independently and ratification. 2) Problems occurred only once in Winong Village in 2019 where the applicant added data on heirs that were not real. This problem made the SKW declared invalid. Obstacles that often occur in Pulisen, Siswodipuran and Winong Villages are more related to internal problems of the applicant, such as the lengthy process of collecting the heirs' signatures. Effectiveness Analysis refers to the criteria for legal effectiveness according to Soerjono Soekanto which include legal factors, law enforcement, facilities, society, and culture. The Certificate of Inheritance in the transfer of inheritance rights issued by the village in Boyolali District shows significant effectiveness. Keywords: Certificate of Inheritance; Sub-district; Transfer of Rights. 
Execution of Debt Guarantee in Subsidized Housing Credit Agreements Not Based on Deed of Grant of Mortgage Rights (APHT) Kostiawan, Shaiful; Arifulloh, Achmad
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 legal position of debt collateral in subsidized housing credit agreements that are not based on the Deed of Granting Mortgage Rights (APHT). 2) The procedure for executing debt collateral in subsidized housing credit agreements without APHT according to applicable laws and regulations. This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The type of data in this study is secondary data, consisting of primary, secondary and tertiary legal materials. The data collection method was obtained through literature study. The analysis in this study is prescriptive. The results of the study concluded: 1) The legal position of debt collateral in subsidized Home Ownership Credit (KPR) agreements that are not based on the Deed of Granting Mortgage Rights (APHT) is very weak in terms of juridical. Although the Regulation of the Minister of ATR/BPN Number 22 of 2017 provides leniency by allowing the use of a Power of Attorney to Charge Mortgage Rights (SKMHT) until the end of the credit agreement period, this does not change the fact that mortgage rights can only be legally recognized if they are made through an APHT and registered at the Land Office in accordance with the provisions of Law Number 4 of 1996 concerning Mortgage Rights. Without an APHT, the collateral provided by the debtor does not have legal execution power and does not provide perfect property rights for the creditor. 2) The procedure for executing debt collateral in a subsidized mortgage agreement that is not based on a Deed of Granting Mortgage Rights (APHT) cannot be carried out through a direct parate execution mechanism, as regulated in Law Number 4 of 1996 concerning Mortgage Rights. Without an APHT and registration of mortgage rights, the collateral does not have legal standing, so that the creditor does not have preferential rights or execution power over the collateral object. In this condition, the only legal route available to creditors is to seek settlement through a civil lawsuit on the basis of default, which tends to be longer, more complex and riskier.Keywords: Debt Guarantee Execution; Subsidized Housing Credit; KPR. 
Legal Protection for Creditors Over Mortgage Rights Cancelled by Court Decisions (Court Decision Study) No. 136/Pdt.G/2019 Pn Ckr) Triwibowo, Bagus; Arifulloh, Achmad
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 Mortgage Law states that land rights that can be used as collateral include Ownership Rights, Cultivation Rights, Building Rights, and Usage Rights over State land, as long as these rights must be registered in accordance with applicable provisions and have a nature that can be transferred to another party. Mortgage rights provide legal certainty for the parties in a credit agreement, especially through the principle of specialization which gives special rights to the mortgage holder to be prioritized in fulfilling performance if the debtor defaults or fails to fulfill its obligations. This research falls into the category of normative legal research, conducted by analyzing library materials or secondary data. This research uses a statute approach, which emphasizes legal material as the primary basis for conducting the research. The research results show that Decision No. 136/Pdt.G/2019/PN Cikarang annulled the Mortgage Right and created legal uncertainty, even though the UUHT should have provided certainty for creditors. This annulment emphasizes the importance of material aspects in the validity of collateral. Bank BTN has carried out credit procedures and the imposition of Mortgage Rights legally, but the debtor's actions (YPR) have given rise to a dispute. Although the debtor's principal obligations remain, the collateral loses legal force. Protection for creditors is repressive through civil lawsuits (Article 1365 of the Civil Code), internal bank mechanisms (PBI No. 7/2/PBI/2005), criminal channels, and the right to demand compensation or alternative collateral. Keywords: Certainty; Court Decisions; Mortgage Rights.
Legal Force of Electronic Signatures as a Valid Evidence in Authentic Deeds Sterisa, Raden Roro Nadia; Arifulloh, Achmad
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 Power of Electronic Signatures as Valid Proof of Authentic Deeds, becomes a problem because the Notary Law has not explicitly regulated the authority of notaries in using electronic signatures for authentic deeds, although the Electronic Transactions and Information Law has recognized the validity of electronic signatures. This study aims to analyze: 1) the legal power of electronic signatures as valid proof of authentic deeds according to the Notary Law and the Electronic Transactions and Information Law 2) the resolution of normative conflicts regarding the legal power of electronic signatures as valid proof of authentic deeds between the provisions of the Notary Law and the Electronic Transactions and Information Law. The approach method in this study is the statute approach. This type of research is normative research. 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 show that the Legal Power of Electronic Signatures as Valid Proof of Authentic Deeds According to the Notary Law and the Electronic Transactions and Information Law, in making authentic deeds still requires wet signatures and the physical presence of the parties before the notary, based on the explanation of Article 15 paragraph (3) of the Notary Law is not in line with Article 16 paragraph (1) letters m and c of the Notary Law. Article 16 paragraph (1) letters m and c concerning the authority of the notary in paragraph (1) can cause problems regarding the authenticity of the deed in the application of electronic signatures. Therefore, the use of electronic signatures on partij and relaas deeds still does not have its validity. The resolution of the conflict of norms regarding the legal force of electronic signatures as a valid evidentiary force in authentic deeds between the provisions of the Notary Law and the Electronic Transactions and Information Law requires a comprehensive approach so that the use of electronic signatures in making authentic deeds can be widely accepted and provide legal certainty for all parties involved by prioritizing the principle of lex specialis, and carrying out conformity between the Notary Law and the Electronic Transactions and Information Law.Keywords: Legal Power, Signature, Authentic Deed.
Misuse of The Notary's Right to Reject in Investigation of Criminal Cases Regarding Deeds He Made Iswahyudi, Iswahyudi; Arifulloh, Achmad
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. Notaries have an important role in ensuring legal certainty through the creation of authentic deeds. However, in practice, the right of denial held by notaries often becomes an obstacle in the investigation of criminal cases involving deeds they have made. This right aims to protect the confidentiality of the position and the interests of the client, but on the other hand, it can hinder the law enforcement process when the notary refuses to comply with the investigator's summons. This study uses a normative legal approach, meaning that the study was conducted using a literature study approach and a statute approach. Data type the type of data uses secondary data obtained from a literature study. The analysis in this study is prescriptive. The results of this study indicate that although notaries are given legal protection to maintain their professional independence, there is tension between the notary's legal obligation to comply with investigators' summons and the right to maintain the confidentiality of documents created. Failure to comply with investigators' summons can result in administrative or criminal sanctions, as well as hinder investigations and law enforcement. To maintain a balance between the protection of the notary profession and law enforcement, there needs to be strengthening of professional supervision and revision of regulations related to investigation procedures for notary documents. This study also highlights the importance of ongoing education for notaries regarding their rights and obligations, as well as training for investigators to understand the limitations of their authority in handling notary documents, in order to avoid abuse of authority and maintain the principle of due process of law.Keywords: Authentic Deed; Criminal Investigation; Notary; Right of Refusal
Co-Authors Butarbutar, Romasni Hapsari, Anindya Ayu ISWAHYUDI ISWAHYUDI Kostiawan, Shaiful Nanang Sri Darmadi Onetra, Rico Rizqi, Adella Fania Rusilah, Eni Sterisa, Raden Roro Nadia Sukrisno, Wijayono Hadi Triwibowo, Bagus Widayati Widayati