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All Journal Sultan Agung Notary Law Review Jurnal Konstatering TABELLIUS
Sri Darmadi, Nanang
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Obligations and Responsibilities of Notaries in Providing Social Services to The Community as Public Officials Atmoko, Dwi; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

At present, where economic development is increasingly rapid and supported by increasingly developing technology and the increasingly dense population in Indonesia, this country has various and varied problems. Likewise with its diverse society where in reality the economic gap between the able and the unable has its own burden for the person concerned and also the state. In its journey, especially for those who are unable, of course, they also need a notary in achieving their desires, especially regarding the certainty and validity of a letter regarding their assets or related to certain agreements. The role of a notary is needed in society, especially for those who are unable to get their desires for free as mandated in the Notary Law (UUJN) Article 37 paragraph (1) which states that "requires a notary to provide legal services in the notary field free of charge for those who are unable". However, in reality, many notaries do not implement or obey and are trustworthy of the law, which of course is not a good thing. In writing this scientific paper, the author uses a normative legal research method supported by a legislative and historical approach to the formation of notaries and the regulatory norms that surround them. This is done to analyze and see how effective the regulations are for notaries in implementing their functions and performance in providing services to the general public, especially the less fortunate. Notaries in their rights and obligations tend to help people who are able due to economic needs. The honesty and integrity of a notary are questioned in helping people who are unable, where this of course makes it seem as if the notary profession is a profession that is intended for certain people only in this case for people who are able and seem exclusive.
Legal Protection for Notaries in Semarang City Area Luthfi Sidiq, Muhammad; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Paragraph IV of the Preamble to the 1945 Constitution, among others, states that the Government of the Republic of Indonesia protects all Indonesian people, advances public welfare, and educates the nation's life. The need for the community in the Semarang city area for legal certainty is a very important thing in life so that every element in society that is directly or indirectly related to implementing and enforcing the law must have the same parameters, namely achieving legal certainty. The Notary Law has regulated the form of legal protection that can be given to those who carry out their duties as public officials, this is reflected or stated in Article 66 paragraph (1), (2) of the UUJN and maintaining the right to refuse and the obligation to refuse the right must also be respected. Only the Courts and the Police have the right to summon the Notary concerned. This type of research uses empirical laws.This research approach uses a qualitative approach. The source of the type of data used in this study is primary data obtained through observation and interviews. The analysis in this study is descriptive analysis. The results of this study conclude that: 1).Legal protection for notaries in carrying out their duties as public officials based on the Notary Law in the Semarang City area in making authentic deeds must pay attention to the principles of caution, accuracy, and uphold honesty, morality and not forget professionalism. 2). The form of legal protection for Notaries who carry out their duties as legal officials in the City of Semarang must go through the Regional Supervisory Council because the Regional Supervisory Council (MPD) has a very important role in providing legal protection to notaries at the regional level, as well as ensuring that the procedure for taking minutes of deeds and other documents is carried out legally and in accordance with applicable legal provisions.
Juridical Review of Absentee Ownership of Agricultural Land Rights through Inheritance Based on Basic Agrarian Law Taufiq, Luthfi Nurahmad; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Absentee land ownership can create legal uncertainty and risks for parties involved in using the land, such as tenants, cultivators, or parties who have other interests in the land. Thus, this research aims to determine and analyze the legal status of heritage objects in the form of absentee land, and legal protection for heirs who receive rights to absentee land. The research method used is normative juridical with a statutory approach and a conceptual approach. The type of data used is secondary data sourced from primary and secondary legal materials. Data collection method using literature study. The data analysis method uses perspective analysis. The results of the research conclude that the legal status of the inheritance object in the form of absentee land, if a legal event occurs which causes the transfer of ownership rights to the land is an inheritance process. This inheritance event causes absentee ownership of land. According to the law, absentee land ownership is clearly prohibited, but what is prohibited is absentee land ownership, isn't it? Therefore, when the heir is truly a legal heir according to law, the heir can receive the rights to the inheritance given by the heir, thus the heir can still receive the inheritance in the form of agricultural land even though the heir lives in outside the sub-district that borders the location of the land. Legal protection for heirs who have rights to absentee land according to the law is that when the heirs can cultivate and work on the agricultural land efficiently without using extortion methods, then the heirs can still have rights to the land by moving to the location of the agricultural land that the heir owns. Keywords: Absentee; Heirs; Inheritance; Land; Protection.
Implications of The SKMHT Validity Period According to The Term of Subsidized Home Finance in Connection With The Principle of Lex Superior Derogat Legi Inferiori Mardiana, Fitri; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Regulation of the Minister of Agrarian Affairs of the Head of BPN No. 22/2017 Concerning the Determination of the Time Limit for the Use of a Power of Attorney to Encumber Mortgage Rights to Guarantee the Settlement of Certain Credits, if the regulation of the ATR/BPN ministry is enforced, there will be a conflict of norms between Law Number 4 of 1996 concerning Mortgage Rights and the regulation of the ATR/BPN ministry. Regulation of the ATR/BPN ministry number 22 of 2017 overrides the Mortgage Rights Law in terms of the limitation of the SKMHT period. The principle of Lex Superior Derogat Legi Inferiori states that lower regulations must not conflict with higher regulations. Regulations with lower authority should not exceed higher regulations. The purpose of this study is to analyze the effect of changes in SKMHT regulations in subsidized housing financing based on the principle of lex superior derogate legi inferiori. This research method is a normative legal research method. The approach in this study uses a case approach and a legislative approach. The data required includes secondary data consisting of the 1945 Constitution; Law Number 10 of 1998; Law Number 21 of 2008;Law Number 12 of 2011,  Law Number 4 of 1996; Regulation of the Minister of Agrarian Affairs of the Head of BPN No.22/2017; Regulation of the Minister of Public Works and Public Housing of the Republic of Indonesia Number 35 of 2021, as well as books and other supporting documents. Taken with the method of data collection using library techniques. The data analysis method is prescriptive. Based on the research, it was concluded that the conflict of legal norms occurred due to differences in the regulations regarding the period of use of SKMHT between the Mortgage Rights Law and Regulation of the Minister of ATR/BPN No. 22 of 2017. The Mortgage Rights Law regulates the maximum period of SKMHT for 3 months, while Regulation of the Minister of ATR/BPN No. 22 of 2017 regulates that the period of SKMHT can be valid during the credit period or until the end of the principal agreement. The Mortgage Rights Law as a law has a higher degree compared to the Regulation of the Minister of ATR/BPN which is an implementing regulation. Therefore, based on the principle of lex superior derogate legi inferiori, the regulations in the Mortgage Rights Law should apply.
Mechanism for Issuing Waqf Land Certificates Based on Village Letter C Rights Febramadhani, Intan; Sri Darmadi, Nanang
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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The issuance of waqf land certificates is an important part of land administration to provide legal certainty for land declared as waqf. This study aims to analyze the mechanism for issuing waqf land certificates based on village Letter C rights at the Tegal Regency Land Office, covering administrative stages, land technicalities, obstacles encountered, and solutions implemented in the registration process. The author employed an empirical legal research method, based on field studies and examining applicable legal provisions in relation to the realities of society. The data analysis technique employed descriptive qualitative analysis, which involved analyzing problems by obtaining data directly from respondents. This study concludes that the issuance of waqf land certificates with Letter C village rights in Tegal Regency can be implemented effectively if there is synergy between the village, the nazhir, and the Land Office, supported by complete documents and certainty of physical data. These findings are expected to serve as recommendations for strengthening waqf land registration governance to ensure orderly land administration and provide legal protection for waqf assets.
The Effectiveness of the Complete Systematic Land Registration Program (PTSL) in Increasing Legal Certainty Over Land Hilmi, Faisal; Sri Darmadi, Nanang
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 effectiveness of the implementation of Complete Systematic Land Registration (PTSL) in increasing legal certainty over land in Indramayu Regency. 2) Obstacles and solutions to the implementation of PTSL in increasing legal certainty over land in Indramayu Regency. This type of research is empirical legal research. The approach method in this research is sociological juridical. The types of data in this research are primary and secondary data. The data collection method uses observation techniques, interviews and library techniques (document study). The analysis in this research is descriptive qualitative. The results of the study concluded: 1) The effectiveness of the implementation of Complete Systematic Land Registration (PTSL) in increasing legal certainty over land in Indramayu Regency is reflected in its systematic implementation. The effectiveness of PTSL in Indramayu Regency is realized through the integration of a strong and coordinated legal structure, clear and adaptive legal substance as regulated in the UUPA, PP Number 18 of 2021, and Permen ATR/BPN Number 6 of 2018, as well as a legal culture of the community that is increasingly aware of the importance of certainty and legality of land rights. The synergy of the three elements of the legal system makes the implementation of PTSL effective in strengthening legal certainty, protection of land rights, and orderly land administration in Indramayu Regency. 2) Obstacles in the Implementation of Complete Systematic Land Registration (PTSL) in Increasing Legal Certainty on Land in Indramayu Regency include technical obstacles in the form of inaccurate data and limited officers, legal obstacles in the form of incomplete ownership documents and land boundary disputes, and social obstacles in the form of low public awareness and participation. The solution is carried out through digitalization of the land system, increasing the capacity of officers, administrative clarification, and strengthening public outreach and participation.
Implementation of the Principle of Precaution in the Creation of Authentic PPAT Deeds to Prevent Fraud and Misuse of Certificates in Land Sale and Purchase Transactions in Tegal City Mahmudah, Santriany; Sri Darmadi, Nanang
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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Abstract

The sale and purchase of land in Indonesia requires strong legal certainty and preventive safeguards due to the high economic value and the vulnerability of such transactions to fraud and certificate misuse. As a public official authorized to draft authentic deeds, the Land Deed Official (PPAT) holds a central role in ensuring that every land transaction is conducted transparently, legally, and in accordance with established procedures. This study analyzes the implementation of the principle of prudence by PPATs in Tegal City as a preventive mechanism against fraud and a means of providing legal protection for sellers, buyers, and third parties. Employing an empirical legal research method combined with a quantitative approach, data were obtained through field observations, in-depth interviews with PPATs, supporting government agencies, and transaction participants, supplemented by statutory and literature review. The findings show that PPATs in Tegal City consistently apply prudential measures such as verifying certificate authenticity, examining identity documents through official population data, conducting field inspections, and ensuring the physical presence and genuine intent (wilsverklaring) of the parties during deed execution. These practices not only prevent fraudulent acts—including certificate forgery, unauthorized land sales, and misuse of powers of attorney—but also provide substantive legal protection by ensuring that the deed accurately reflects the true legal will and factual circumstances of the transaction. The study concludes that the principle of prudence constitutes a core element of professional responsibility within the PPAT's mandate, functioning as both a preventive and repressive legal protection instrument, thereby strengthening public trust and enhancing the integrity of Indonesia's land administration system.
Co-Authors Agustina, Saptarina Dian Atmoko, Dwi Febramadhani, Intan Hafidh, Muhammad Hilmi, Faisal Luthfi, Muhammad Rifaldi Mahmudah, Santriany Mardiana, Fitri Mashuri Mashuri Mi’rajiah, Dessy Nuriska, Citra Pratiwi, Salma Rahmi Purwandini, Dewi Fitriasih Purwiningsih, Septya Taufiq, Luthfi Nurahmad Tria Agustina, Histy Wahyuni, Ayuni Sri