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All Journal Sultan Agung Notary Law Review Jurnal Konstatering TABELLIUS
Sri Darmadi, Nanang
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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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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.
Evaluation of Risks and Their Impact on Legal Validity in the Implementation of Electronic Notary Deeds in Indonesia Nuriska, Citra; Sri Darmadi, Nanang
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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This study aims to analyze: 1). The risks that arise in the implementation of electronic notarial deeds in Indonesia. 2) The impact of these risks on the legal validity of electronic notarial deeds according to the provisions of the applicable laws and regulations in Indonesia. This type of research is normative legal research. The approach method in this study is a statute approach and a conceptual approach. The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1). The implementation of electronic notarial deeds in Indonesia, based on Article 15 paragraph (3) of Law Number 2 of 2014 concerning the Position of Notary, faces cybersecurity risks (hacking, wiretapping, data loss), legal (unclear regulations, non-compliance with the principle of onmiddellijkheid), technical-operational (lack of notary competence, unstable infrastructure) and socio-ethical (misuse of electronic signatures). This risk violates Article 26 and 31 of the ITE Law, Article 16 paragraph (1) letter m of the Notary Law, Article 1867 and 1868 of the Civil Code, and Article 46 and 59 paragraph (3) of the PP PSTE, thus threatening the validity of deeds as authentic evidence and public trust. Solutions include regulatory harmonization, implementation of encryption and blockchain, Notary training, infrastructure investment and electronic signature certification to ensure legal certainty in accordance with Article 28 D paragraph (1) of the 1945 Constitution. 2). Cybersecurity risks (hacking, wiretapping, data loss), legal (unclear regulations, non-compliance with the principle of onmiddellijkheid), technical-operational (lack of Notary competence, unstable infrastructure) and socio-ethical (misuse of electronic signatures) threaten the validity of electronic Notary deeds. This risk violates Article 26 and 31 of the ITE Law, Article 16 paragraph (1) letter m of the Notary Law, Articles 1867, 1868 and 1869 of the Civil Code, and Articles 46 and 59 paragraph (3) of the PP PSTE, causing the deed to be at risk of losing its authentic status and not being recognized in court. The inconsistency of subordinate norms with the grundnorm of Article 28D paragraph (1) of the 1945 Constitution creates a hierarchical contradiction. Harmonization of regulations, cybersecurity, notary training, infrastructure investment and electronic signature certification are needed so that electronic deeds are equivalent to authentic deeds.
Optimization of the Implementation of Notary Responsibilities in Providing Social Services to Underprivate Communities in Kendal Regency Tria Agustina, Histy; Sri Darmadi, Nanang
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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This study aims to analyze the optimal implementation of notaries' responsibilities in providing social services to underprivileged communities in Kendal Regency and to identify obstacles and solutions encountered in its implementation. The study used an empirical juridical method with a statutory regulatory approach, literature study, and interviews with two notaries in Kendal Regency. The results of the study indicate that the obligation of notaries to provide free legal services to underprivileged communities is regulated in the Notary Law, the Notary Code of Ethics, and the principle of justice in the 1945 Constitution. However, its implementation is highly dependent on the notary's personal awareness due to the lack of standard guidelines regarding the mechanism for determining the criteria for underprivileged communities or the procedures for providing free services. The notaries interviewed stated that the provision of social services is carried out on the basis of humanity and professional integrity, not due to pressure from normative sanctions. The main obstacles faced include relatively high operational costs, the lack of standards for verifying clients' economic capabilities, and the risk of abuse by those who are actually well-off. The proposed solutions include the development of technical guidelines by professional organizations, increased socialization, and strengthening the integrity of notaries as public officials.
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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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