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All Journal International Journal of Law Reconstruction Pena Justisia: Media Komunikasi dan Kajian Hukum Sultan Agung Notary Law Review 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
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

Abstract

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.
Co-Authors Adi Wiranata, Rio Ajeng Wulandari, Cynthia Butarbutar, Romasni Hapsari, Anindya Ayu ISWAHYUDI ISWAHYUDI Kostiawan, Shaiful Minarsih Minarsih Nanang Sri Darmadi Onetra, Rico Rizqi, Adella Fania Rusilah, Eni Sterisa, Raden Roro Nadia Sukrisno, Wijayono Hadi Triwibowo, Bagus Wahyu Widodo Widayati Widayati