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All Journal International Journal of Law Reconstruction 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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Notary's Responsibility In Making A Deed Of Grant That Is Cancelled Due To Legal Defects Sudaryanto, Muhammad Riyadi; 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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Abstract

This study analyzes the Village Treasury Land (TKD) dispute between the Sobokerto Village Government and the Indonesian Air Force (TNI-AU) in Ngemplak District, Boyolali Regency, which gave rise to dual claims over land that had been managed by the community for decades as a village asset but was later claimed as part of the strategic area of Adi Soemarmo Air Base. The dispute resulted in legal uncertainty regarding the land's status, overlapping ownership documents, reduced access for residents to cultivated land, and the weakening of the function of village assets as a supporter of Village Original Income. The study used a juridical-empirical method with a descriptive qualitative research type through a legislative and conceptual approach, with primary and secondary data obtained through in-depth interviews and literature studies, then analyzed descriptively-analystically. The results of the study indicate that the legal status of the disputed land is in a dualism of public legitimacy: the Village Government bases its claim on historical-factual control, recording of village assets, and the social function of TKD for the welfare of residents, while the TNI-AU positions it as a defense area controlled by the state for the sake of national security. This dualism is reinforced by the weak demarcation of boundaries and formal evidence of TKD in the past, thus triggering overlapping documents. The main obstacles include disorderly land registration administration, differences in ownership history that are not jointly verified, data asymmetry across agencies, the dominance of a legal-formal approach that ignores the social function of land, and unequal civil-military relations; within the framework of the Theory of Legal Certainty and Progressive Law Theory, these findings emphasize the need for integrated land administration arrangements, collaborative verification of ownership history, and resolution mechanisms that are not merely formalistic so that legal certainty and socio-economic protection of village communities can be restored.
The Evidential Power of a Private Deed Legalized and Notarized by a Notary Prasetyo Widodo Putra, Bamas; Arifulloh, Achmad; Winjaya Laksana, Andri
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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A private deed is a legal document created and signed by the parties without the direct involvement of a public official, such as a notary. However, in practice, private deeds can be strengthened through legalization or waarmerking by a notary. This study aims to analyze the legal force of private deeds after legalization and waarmerking, as well as the differences between them and authentic deeds. The research method used is normative juridical with a statutory approach and case studies. The results show that legalization provides additional evidentiary strength for the signature and date of the deed, making the deed a stronger evidence in legal proceedings. Meanwhile, waarmerking only records the date the deed was submitted to the notary, without guaranteeing the accuracy of its contents. Both do not change the status of the deed to an authentic deed, but they have important value in civil evidence. Therefore, the choice between legalization and waarmerking must be adjusted to the legal needs of the parties.
Notary's Principle of Prudence in Credit Guarantees in Banking Nirwana, Erza Aulia; Hafidz, Jawade; Arifulloh, Achmad
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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This research is motivated by the great responsibility of a notary for the deeds he makes that is attached throughout his life, thus demanding the application of the principle of prudence or thoroughness in every exercise of his authority. The principle of prudence is a legal obligation affirmed in the oath of office and laws and regulations in the field of notary, and has a strategic role in banking practices, especially in binding credit collateral in the form of Mortgage Rights on land. Negligence of a notary who also holds the position of Land Deed Making Officer (PPAT) in analyzing material collateral has the potential to cause legal defects in the deed, eliminate the executorial power of the collateral, and harm the bank and the debtor. This research aims to analyze the legal aspects of the application of the principle of prudence of notaries in banking credit guarantees and the resulting legal consequences. The research method used is normative juridical legal research, which positions law as the prevailing norm (law in books). The approaches employed include the statutory regulatory approach, the conceptual approach, and the case approach. Legal materials, including primary, secondary, and tertiary legal materials, were obtained through literature review and analyzed qualitatively and normatively through legal interpretation and reasoning. The research results show that the application of the principle of prudence by notaries and PPAT is an essential requirement in the preparation of bank credit guarantee deeds. Careful and comprehensive application of this principle results in a valid guarantee deed, has perfect evidentiary force, and provides legal protection for the bank and the debtor. Conversely, negligence in applying the principle of prudence can result in the deed being void or subject to cancellation, the loss of the guarantee's executorial power, and give rise to legal liability for the notary, both civil, administrative, and criminal.
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.
Co-Authors Adi Wiranata, Rio Ajeng Wulandari, Cynthia Andri Winjaya Laksana, Andri Winjaya Aris Munandar Butarbutar, Romasni Djunaedi Djunaedi Estuanti, Ananda Hapsari, Anindya Ayu Hapsari, Aulia Rizky ISWAHYUDI ISWAHYUDI Jawade Hafidz Kostiawan, Shaiful Minarsih Minarsih Nanang Sri Darmadi Nirwana, Erza Aulia Onetra, Rico Prasetyo Widodo Putra, Bamas Ridho Assyahid, Muhammad Riyanto, Taufan Fajar Rizqi, Adella Fania Rusilah, Eni Shofa, Jannatu Sterisa, Raden Roro Nadia Sudaryanto, Muhammad Riyadi Sukrisno, Wijayono Hadi Triwibowo, Bagus Wahyu Widodo Widayati Widayati Winjaya Laksana, Andri Yusuf, Fayeza Nafesyah