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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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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