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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

Legal Implications of Overlapping Property Rights Certificates (Case Study of State Administrative Decision Number: 83/G/2023/PTUN.SMG) Ajeng Wulandari, Cynthia; Arifulloh, Achmad
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.7.4.317-328

Overlapping land title certificates is a common problem in the Indonesian land system. Overlapping certificates arise when more than one certificate is issued for the same plot of land due to administrative errors or inconsistencies in physical and legal data. This problem indicates legal uncertainty regarding land ownership. This study aims to analyze the legal implications of overlapping land title certificates based on Decision Number 83/G/2023/PTUN.SMG. The research method used is a descriptive analytical legal case study approach. This approach is used to analyze in depth a case that has permanent legal force, namely Decision Number 83/G/2023/PTUN.SMG, to see how judges apply legal norms, interpret related provisions, and consider legal facts in resolving disputes over overlapping land title certificates. The theories used in this study are the theory of legal certainty and the theory of legal evidence. The results of this study indicate that the problem of overlapping land title certificates is still widespread in Indonesia. This situation raises doubts about the validity of ownership and often leads to legal disputes. Therefore, strengthening the land registration system, improving the accuracy of the land database, and harmonizing regulations and administrative oversight are necessary to ensure optimal legal certainty and protection of land rights.

Legal Power of Buying and Selling Land on the Basis of Power of Sale Under Hand Minarsih, Minarsih; Arifulloh, Achmad
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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The purpose of this study is to analyze the legal force of sales and purchases carried out based on a power of attorney to sell underhand and to examine the judge's legal reasoning in deciding case Number 50/PDT.G/2023/PN Pekalongan. The problem arises because the practice of sales and purchases with a power of attorney to sell underhand is still widely carried out by the public, even though according to Indonesian positive law, the transfer of land rights must be carried out with an authentic deed by a Land Deed Making Officer (PPAT) as regulated in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration. This research uses a normative legal research method with a statutory, conceptual and case study approach to the court decision. The results of the study indicate that a sale and purchase based on a power of attorney to sell underhand has limited legal force, because it is valid in civil law as long as it meets the requirements of Article 1320 of the Civil Code, but cannot give rise to material legal consequences in the form of transfer of land ownership rights. The agreement is obligatory (binding the parties), but not yet translatable (transferring rights). A private deed only has evidentiary force as long as it is acknowledged by the signing party and cannot be used as a basis for registering land rights at the land office. Based on an analysis of the judge's considerations, it was found that the legal reasoning used in the Pekalongan District Court decision did not fully reflect the ideal legal rationality as stated by Philipus M. Hadjon. The judge attempted to balance justice and legal certainty, but his legal considerations showed inconsistencies between civil norms and land administration norms. The judge emphasized casuistic justice more than formal legal certainty, so that the decision was substantively fair to the parties, but normatively had the potential to create legal uncertainty in the future. Thus, this study emphasizes the importance of the role of authentic deeds as an instrument of legal protection in land sale and purchase transactions, as well as the need for consistency in the judge's legal reasoning to align with the principles of legal certainty, justice, and benefit.

Legal Responsibility of Land Deed Officials (PPAT) for the Making of Deeds with Legal Defects that are Detrimental to Land Owners Based on Court Decision Number 328/Pdt/2022/Pt Sby Widodo, Wahyu; Arifulloh, Achmad
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1)Legal responsibility of Land Deed Making Officials (PPAT) for making legally flawed deeds and harming landowners based on Court Decision Number 328/PDT/2022/PT SBY. 2) Legal implications of making legally flawed deeds by PPAT on the legal certainty of land ownership based on Court Decision Number 328/PDT/2022/PT SBY. This type of research is normative legal research. The approach method in this research is a case study approach and a statute approach. The type of data in this research is secondary data. The data collection method uses library techniques (study documents). The analysis in this research is qualitative. The results of the study concluded: 1) The legal responsibility of Land Deed Making Officials (PPAT) for making legally flawed deeds and harming landowners based on Court Decision Number 328/PDT/2022/PT SBY shows that PPAT has legal responsibility that stems from positive norms that regulate the authority of his position. Based on Hans Kelsen's theory of responsibility, a person can only be held legally responsible if proven to have violated a valid norm in a hierarchical legal system. In this case, the Surabaya High Court assessed that the Land Deed Official (PPAT) had carried out his duties according to the procedures stipulated in Government Regulation Number 24 of 1997, Government Regulation Number 37 of 1998 in conjunction with Government Regulation Number 24 of 2016, and Ministerial Regulation of ATR/BPN Number 2 of 2018, so that no violation of positive legal norms was found and there was no basis for imposing legal sanctions. Theoretically, the application of Kelsen's theory shows that the Indonesian legal system still emphasizes formal legality and has not fully accommodated substantive justice. 2) The legal implications of the creation of legally defective deeds by PPATs on the legal certainty of land ownership based on Court Decision Number 328/PDT/2022/PT SBY, namely showing that deeds that do not meet formal and material requirements have lost their evidentiary power as authentic deeds, create uncertainty about land ownership status, and undermine the function of land registration as an instrument of legal protection. A legally flawed deed can potentially revoke the certificate issued on its basis, giving rise to multiple disputes between the legitimate owner and a good-faith purchaser. This demonstrates that legal certainty in land matters depends not only on the administrative system but also on the professionalism and legal responsibility of the Land Deed Official (PPAT) as a public official.

Leasing Company Responsibility for Embezzlement of Payments by Employees Adi Wiranata, Rio; Arifulloh, Achmad
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1). The form of legal responsibility of leasing companies for the act of embezzlement of credit payments committed by certain employees in employment relationships. 2) Legal protection for leasing consumers who are harmed due to payments that are not administratively recognized by the company, as occurred in the case of PT Mega Centra Finance in Pekalongan City. This type of research is included in the scope of normative legal research. The approach method in this study is Legislation and conceptual The type of data in this study is secondary. Secondary data sources consist of primary, secondary and tertiary legal materials. The method of data collection in this study is by using library techniques (document study). The analysis in this study is qualitative-normative. The results of the study concluded: 1). The form of legal responsibility of leasing companies for the act of embezzlement of credit payments by employees reflects the application of the principle of corporate liability which includes civil, criminal, and administrative aspects. In civil law, responsibility is based on Article 1367 of the Civil Code concerning the responsibility of employers for the actions of their subordinates. In criminal law, Articles 45 and 46 of Law No. Law No. 1 of 2023 (the new Criminal Code) allows corporations to be held accountable if negligence in the supervisory system triggers a criminal act. Meanwhile, administratively, POJK No. 35/POJK.05/2018 emphasizes the obligation of financing companies to implement the principle of prudence and consumer data protection. Thus, companies remain responsible for consumer losses as long as the employee's actions are carried out within the employment relationship. 2.) Legal protection for leasing consumers who suffer losses due to administrative non-recognition of payments includes two forms: preventive and repressive. Preventive protection is carried out through the application of prudential principles and internal supervision as stipulated in the UUPK and POJK, while repressive protection aims to restore consumer rights through complaint mechanisms, mediation, civil lawsuits, and criminal sanctions for perpetrators. The principle of vicarious liability ensures the company's legal responsibility for the actions of employees who are still within the scope of employment. The effectiveness of this legal protection depends on the implementation of good corporate governance and consistent law enforcement to ensure legal certainty for consumers.

Criminal Law Enforcement Against Land Grabbers in the Jambi Regional Police Jurisdiction Mujib, Muhamad; Arifulloh, Achmad
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.v20i4.51027

Abstract. Based on the provisions of the 1945 Constitution, Law Number 5 of 1960 concerning Basic Agrarian Regulations was drafted. One of the objectives of the Basic Agrarian Law (UUPA) is to provide legal certainty regarding land rights held by the community. An individual or legal entity wishing to have their land ownership officially recognized by the state and their rights guaranteed must register the land to obtain written proof, in the form of a land certificate. A land certificate can be obtained through land registration. Land registration can help determine the status, ownership, rights, area, and use of the land. According to Santoso, proof of land rights is indicated by the existence of a certificate. In reality, the land registration process is still far from perfect. In Indonesia, only about 44 million plots of land have been registered out of approximately 125 million plots of land, calculated from the emergence of the UUPA until 2016. Then in 2017, the Complete Systematic Land Registration Program (PTSL) was formed by the Ministry of ATR/BPN with a target of certifying 126 million plots of land by 2025 in Indonesia. Land certificates serve as a guarantee of legal certainty, as long as no other party can deny it. In general, besides certificates, there are other formal documents that function as documents of land ownership rights, namely ownership deeds. In the negative land registration system, the formal document is referred to as a "deed" of ownership, while in the positive land registration system, the formal document is referred to as a "certificate" of rights. The purpose of land owners in registering land is to obtain a land certificate, so the general public only knows the term certificate in terms of land registration. Meanwhile, the term "deed" refers to an authentic deed prepared by a Land Deed Official (PPAT) and a notary, whose function is to mark land transfers such as inheritance deeds, waqf pledges, sales and purchases, and so on. In Indonesia, cases of land grabbing have long been commonplace, even dating back to the colonial era. The word "encroachment" can mean occupying land or buildings owned by another person without regard to legal regulations. In Latin, this offense is called stellionat, which means embezzlement of rights over immovable objects. In this case, what is meant is land, houses, rice fields, buildings, and so on.

The Enforcement of Criminal Law Against Transfer of Fiduciary Guarantee Objects based on Justice Values Munandar, Aris; Arifulloh, Achmad
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Everyone has the right to recognition, guarantee, protection and legal certainty that is fair and treated equally before the law. Law No. 42 of 1999 concerning Fiduciary Guarantees has regulated criminal sanctions and fines, but in practice there are several problems regarding law enforcement, including police investigators being unable to charge third parties who have received pledges from fiduciary recipients. Keywords: Land, Ownership Certificate, Overlapping. The purpose of this study is to provide suggestions and recommendations regarding criminal law enforcement regarding the transfer of fiduciary guarantee objects based on the value of justice. This study usessocio-legal approachas well as the legislative approach and case approach. The results of this study are law enforcement according to current regulations that the regulation of criminal sanctions against the transfer of fiduciary collateral objects as regulated in Article 36 of Law No. 42 of 1999 does not reflect the value of justice, because criminal sanctions are only imposed on debtors, while parties who enjoy the benefits of the transfer cannot be held criminally responsible. In addition, there are weaknesses in the legal substance aspect in the form of a vacuum in regulations regarding the reception of fiduciary objects, from the legal structure aspect in the form of a lack of selectivity of financing institutions and weak synergy of law enforcement officers, as well as from the legal culture aspect in the form of low public legal awareness and economic pressure.

Legal Consequences of Incorrectness in the Declaration of the Presentative in the Inheritance Deed Made by the Notary (Study of Supreme Court Cassation Decision Number: 917 K/Pdt/2025) Shofa, Jannatu; Arifulloh, Achmad
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The validity and evidentiary power of an authentic inheritance deed made before a Notary still raises disputes over inheritance deeds where the existence of an authentic deed does not always guarantee a final and binding resolution of inheritance disputes so that this condition creates legal uncertainty, both for the heirs and for the Notary as a public official. The purpose of this thesis research is to determine the legal consequences for the Notary regarding the inaccuracy of the statement of the person appearing in the Notary's inheritance deed, to analyze the judge's considerations regarding disputes over inheritance deeds made authentically before a Notary in decision number: 917 K/Pdt/2025 and to determine the format of an authentic Notary deed of inheritance information based on the provisions in force in Indonesia. The research method applied in this study is normative juridical, utilizing a statute approach and a case approach. The analysis was conducted qualitatively, relying on primary, secondary, and tertiary legal materials. All data were analyzed based on the theory of legal certainty and the theory of responsibility as the research's conceptual framework.

Effectiveness of Providing Free Notary Services For the Underprivileged Ridho Assyahid, Muhammad; Arifulloh, Achmad
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze the effectiveness of the implementation of the provision of free legal services in the field of notary by Notaries and identify obstacles and solutions in its implementation. This study uses a qualitative approach with a sociological juridical research type. The types and sources of data used consist of primary data and secondary data obtained through interviews and literature studies. Data analysis was conducted descriptively qualitatively. Based on the results of the study, it is concluded that the obligation of Notaries to provide free legal services in the field of notary to people who cannot afford it is regulated in Article 37 paragraph (1) of the Notary Law. This provision provides hope for people who cannot afford to continue to obtain notary services without charge. In practice, the provision of free legal services is carried out based on the Notary's assessment of the conditions and legal needs of the clients who come to him. In addition, the implementation of the provision of free legal services in the field of notary is a form of social responsibility of the Notary profession in providing access to justice. However, the effectiveness of its implementation still faces various obstacles, including limited outreach to the community, the high workload of Notaries, and operational costs that must still be borne even though the service is provided free of charge.

Notary's Liability for Falsified Power of Attorney to Sell (Study of Court Decision Number 773/Pid.B/2021/PN Smg) Hapsari, Aulia Rizky; Arifulloh, Achmad; Djunaedi, Djunaedi
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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Forgery of power of attorney deeds is a common problem in notarial practice in Indonesia. As authentic evidence, power of attorney deeds should provide legal certainty and protection, but in practice, notaries often make irregularities in their preparation, resulting in discrepancies between the contents of the deed and the legal facts, resulting in disputes and legal uncertainty. This study aims to analyze the notary's responsibility for forged power of attorney deeds and the judge's considerations in Semarang District Court Decision Number 773/Pid.B/2021/PN Smg. The approach used in this study is a normative juridical approach with a type of normative legal research that focuses on the study of laws and court decisions related to the research problem. The data used are secondary data obtained through literature studies, including primary, secondary, and tertiary legal materials. Data analysis was conducted using a qualitative descriptive method by systematically and logically describing and interpreting the data to answer the research problem. The results of the study show that notaries can be held accountable for administrative, civil and criminal matters if they are proven to have been intentional or negligent in carrying out their authority, resulting in the forgery of a power of attorney to sell. The judge considered that the creation of a deed without the presence and signature of the principal fulfilled the elements of forgery of a deed as regulated in Article 264 paragraph (1) of the Criminal Code, which confirms that notaries are not immune to criminal sanctions.

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