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The Role of Notaries in Supporting Efforts To Settle Problem Credit at People's Credit Banks Partini, Partini; Shallman, Shallman
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. Banks in running their business to provide loan/credit services to the public really need Notaries and PPAT to assist in making notarial deeds of agreements and binding collateral. In making credit agreements, of course, the Bank and the borrowing customer (debtor) must pay attention to the contents of the credit agreement they signed, starting from the definition, obligations arising from the agreement, and the consequences of default that provide certainty to the bank to be able to make settlement efforts and provide legal protection in accordance with the provisions of applicable laws and regulations. This study aims to determine the role of notaries in providing support to banks in efforts to resolve their problem loans and also to determine the obstacles notaries face in providing support to banks for the resolution of problem loans. The problems in this study are analyzed using the theory of legal certainty and the theory of legal protection. The research approach uses a sociological juridical approach, which is qualitative in nature with the research specification being descriptive analysis and data analysis using qualitative descriptive methods. The primary data collection method was obtained through guided interviews with related parties, supported by secondary data obtained from the literature as supplementary reference material. The results of this study The role of Notaries in supporting efforts to resolve problematic loans in banks include ensuring the perfection of the deed made by the notary must be in accordance with the provisions in order to have binding legal force, Conducting ratification of the addendum to the credit agreement on efforts to resolve problematic loans through credit restructuring in accordance with the provisions, Providing clear legal education to debtors in order to better understand their obligations and rights as well as the legal consequences of the impact of default that occurs and can assist the Bank in the AYDA (Collateral Taken Over) process by making a PPJB (Sale and Purchase Binding Agreement) so that sales can be carried out in the future. The obstacles are the busy schedule of the notary himself to carry out the addendum agreement, and the existence of an APHT process that has not been completed but the credit is about to mature and is problematic due to the provisions of the stages at the land office. And the suggestion is that Notaries must be professional in accordance with the Notary Law by upholding the code of ethics. Notaries in carrying out collateral binding must pay attention to the Laws that regulate guarantees in accordance with the Fiduciary Guarantee Law and the Law on Mortgage Rights. Notaries can provide legal education to problem debtors at partner banks when making addendum agreements for credit restructuring or other matters. Keywords: Banks; Credit; Efforts to Resolve Problematic Credit; The Role of Notaries.

Legal Protection of Consortium Agreement Deeds by Notaries in Infrastructure Projects in Indonesia Kurnianto, Baputera; Shallman, Shallman
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. Indonesia, as a developing country with increasing economic growth, requires adequate infrastructure development to support progress in various sectors, such as transportation, energy, telecommunications, and others. Various infrastructure development efforts are funded and implemented by various projects involving consortia. However, in practice, the implementation of infrastructure projects involving consortia often encounters obstacles in the matter of legal protection of the consortium agreement itself. Therefore, this study aims to identify the form of legal protection of the consortium agreement deed by a notary in infrastructure projects in Indonesia. The research method used is a qualitative approach with a descriptive analytical research type, which aims to obtain data in depth and analyze it comprehensively. Data were obtained through literature studies and interviews with related parties, including notaries, business actors, and legal experts. The results of the study indicate that the deed of consortium agreement prepared by a notary has binding legal force, but there are several challenges related to the lack of supervision of notary practices and the ambiguity in several clauses of the agreement that can cause disputes.Keywords: Agreement; Consortium; Legal; Protection.

Legal Implications of Notarial Deed Signing Reading Not Carried Out Simultaneously by the Parties Before a Notary Public PPAT Kusuma Putra, Erico Setyawan; Shallman, Shallman
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. The form and procedures stipulated by Law No. 2 of 2014 concerning the Position of Notary and Regulation Order 24 of 2016 concerning the Land Deed Making Official are clear, however, there is a Reading and Signing of Notarial Deeds that are not carried out simultaneously by the Parties in the presence of the Notary and the Land Deed Making Official, so the author would like to describe the Legal Implications in the Reading and Signing of Notarial Deeds that are not carried out simultaneously by the Parties in the presence of the Notary and the Land Deed Making Official and their Responsibilities. The writing method uses a normative legal approach in order to obtain the conclusion that the Notary Position Law, Government Regulation concerning the Land Deed Making Official and other regulations have regulated it well, both implicitly and explicitly. Thus, the results of the discussion obtained are as follows: (1) Authentic Deeds are closely related to the obligations and sanctions given to Notaries. Notaries are authorized to make authentic deeds as regulated in Article 15 of Law No. 2 of 2014 concerning the Position of Notaries. Notaries in carrying out their authority have obligations that must be carried out as regulated in Article 16 paragraph (1) letter I and paragraph (8). Where if it is not fulfilled, its authenticity will be lost unless there is an obstacle in accordance with Article 44 paragraph (1) while in the Regulation of Order 24 of 2016 concerning Land Deed Making Officials, the authority is contained in Article 2 which has obligations that must be carried out in accordance with Article 22. The legal implication is that it can be canceled or null and void by law because it does not meet the subjective requirements in the form of an agreement between the parties and the objective requirements in the form of a lawful cause. In addition, the making of a deed which contains a procedure that is not in accordance with the making of the deed results in the deed being formally defective (2)if provencan be dismissed dishonorably for not carrying out his duties and position properly.and civil and criminal sanctions may be imposed depending on how much the negligence causes losses to the parties.Keywords: Land Titles Registrar; Notary Public; Reading and Signing.

Notary's Responsibility for Deeds Made With Fake Documents Provided by The Parties Salis, Lismi; Shallman, Shallman
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. In Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary In Article 1 number 1 of the UUJN Notary is a public official who is authorized to make authentic deeds and has other authorities as referred to in this law or based on other laws. A Notary in making a deed sometimes without his knowledge there is false information given by the parties, which then becomes the basis for making an authentic deed. This study aims to analyze and answer the problem regarding the responsibility of a notary for deeds made with false documents provided by the parties in the process of making a notarial deed according to the Notarial Law, and how notarial deeds made based on false documents brought by the person appearing have legal impacts. This study uses the Normative legal research method. Legal materials from primary, secondary, and tertiary legal materials are used as research sources, and the data collected will be analyzed descriptively qualitatively. The results of the study show that notaries are responsible according to the actions they have taken if they are proven to have committed violations in carrying out their duties. They will be responsible in terms of administrative law, civil law or criminal law.Keywords: Notary, Responsibility, Deed

Legal Review of the Implementation of the Self-Protection Clause in Notarial Deeds If There is a Person Who Denies Pratiwi, Carika Dian; Shallman, Shallman
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study aims to analyze: 1) The legal force of the notary's self-protection clause in the deed if there is a party who denies it. 2) The legal consequences for a notary who does not include a self-protection clause in the notarial deed. This type of research is normative legal research. The approach method in this study is the statute approach. The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study documents). The analysis in this study is prescriptive. The results of the study concluded: 1) The legal force of the notary's self-protection clause in the deed is legally limited because it is not explicitly regulated in the Notary Law. However, the inclusion of this clause is still permitted as long as it does not conflict with the law, morality, and public order. This clause functions as additional evidence that the notary has carried out his duties carefully and professionally. Although it does not exempt the notary from legal responsibility in the event of a dispute, the existence of this clause can strengthen the notary's position in the process of proving that he is not responsible for the material truth of the contents of the deed. This is important in dealing with the potential criminalization of the notary profession which often occurs due to denials from the parties. 2) The legal consequences for a notary who does not include a self-protection clause in a notarial deed are that it is not a violation of positive law, but has the potential to cause adverse legal impacts for the notary. Without this clause, the notary's position becomes weaker when facing lawsuits or accusations, especially regarding false information in the deed. This makes it difficult for the notary to show that he only recorded the wishes of the parties, not guaranteeing the truth of the material. From the perspective of Philipus M. Hadjon's legal protection theory, the absence of this clause means weakening preventive and repressive legal protection for notaries. Therefore, the inclusion of a self-protection clause should be standard practice in the making of notarial deeds as a form of legal protection and an effort to maintain professionalism in carrying out duties.Keywords: Applicant; Notarial Deed; Self-Protection Clause.

Legal Protection for Auction Winners Executing Mortgage Rights Who Cannot Control The Auction Object Rahmadina, Farah Dania; Shallman, Shallman
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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This research aims toto know and analyze legal protection for auction winners of mortgage execution who cannot control the auction object and to know and analyze the obstacles to auction winners of mortgage execution who cannot control the auction object. This study uses a statutory approach (Statuta Approach), the type of research used in this study is normative legal research, the type of data in this study is secondary data, the data collection method in this study is library research, and the data analysis used is prescriptive analysis. The results of the study indicate that legal protection for buyers or auction winners has not been able to provide legal certainty for buyers or auction winners. Both the seller and the State Asset and Auction Service Office (KPKNL) do not have responsibility and liability for control of the auction object. Repressive legal protection provided by the government to auction winners who cannot control the auction object is to request assistance for vacating directly to the Head of the District Court. As is known, the process from the application for vacating to the execution of vacating does not have a certain time and often takes a long time so that the buyer does not obtain legal certainty to obtain his rights, there are also various obstacles in the process of implementing the mortgage execution auction. These obstacles consist of legal obstacles and non-legal obstacles. Legal obstacles include the existence of unclear or conflicting laws and regulations, while non-legal obstacles relate to technicalities and the execution process in court. The existence of these obstacles causes the lack of legal certainty for the auction winner to enjoy the object of his property rights.

Problems by Notaries Regarding The Deed of Establishment of a Limited Liability Legal Entity Related to The Online Single Submission (OSS) System Licensing in Semarang City Maryudanto, Septian Mahar; Shallman, Shallman
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. Commercial or operational business permits are issued by the OSS Institution for and on behalf of the Minister, Head of Institution, Governor, or Regent and Mayor after the business actor obtains a business permit and to carry out commercial or operational activities by fulfilling the requirements or commitments. The OSS Institution is responsible for issuing Business Identification Numbers (NIB), location permits, and business permits. Basically, this regulation aims to cut down the complicated process of issuing business permits. The purpose of this study is to find out, analyze / analyze: 1) How to make a limited liability company deed 2) the effectiveness of business permit registration through the Online Single Submission (OSS) system for registration of Limited Liability Company Legal Entities (PT) by a Notary as a means of One-Stop Integrated Licensing Services (PPTSP) in the Semarang City area. 3) obstacles and solutions faced in using the Online Single Submission (OSS) system for registration of Limited Liability Company Legal Entities (PT) in the Semarang City area. The approach method used in this research is sociological juridical, namely legal research conducted on the real conditions of society or the community environment with the aim and objective of finding facts (fact-finding) and then identifying them (problem-identification) and ultimately leading to problem solving (problem-solution). The results of the study are: 1) How to make a limited liability company deed. 2) The effectiveness of registering a business permit through the Online Single Submission (OSS) system for the registration of a Limited Liability Company (PT) Legal Entity by a Notary as a means of the One-Stop Integrated Licensing Service (PPTSP) in the Semarang City area is still ineffective because the implementation of OSS in Semarang City from the beginning of the issuance of Government Regulation No. 24 of 2018 concerning Electronically Integrated Business Licensing Services in the first year for the administration of legal entities still causes problems. 3) The obstacles faced include the system still tends to be weak. The OSS system does not carry out the licensing process as a whole. Many business actors establishing a limited liability company (PT) still need the help of consultants to fill out the forms in the OSS system. Keywords: Legal Entity; Limited Liability Company; OSS.

Legal Power of Deeds of Officers Making Legal Defective Land Deeds Rodli, Achmad; Shallman, Shallman
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. Legal actions stated by the parties in the deed made by the PPAT have evidentiary power but do not guarantee freedom from disputes between other interested parties, as is often seen in buying/selling transactions. This study aims to analyze the role of the Land Deed Making Officer (PPAT) in providing legal certainty through the making of valid deeds in accordance with applicable legal provisions. The research methods used are normative, legal, and conceptual. The results of the study indicate that deeds made by PPAT have an important role in ensuring legal certainty for land rights holders. However, there is a risk of legal defects that may arise due to non-compliance with applicable provisions. In addition, court decisions that confirm violations of the law by PPAT indicate the need for increased supervision and law enforcement of PPAT practices. This study recommends the need for ongoing PPAT training and strengthening regulations to prevent violations and increase public trust in the land registration system.Keywords: Making Official Land Deeds, Legal Certainty, Authentic Deeds, Land and Building Tax, Legal Violations.

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