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Fajar Riyanto, Taufan
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Legal Force of Electronic Certificates (E-Certificates) Issued by The National Land Agency (BPN) as A Form Oo Land Rights Ownership Rihesta, Dwi Adi Pangestika Putra; Fajar Riyanto, Taufan
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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Land certificates issued based on the Basic Agrarian Law (UUPA) have significant evidentiary power (as regulated in Article 19 paragraph (2) letter c). This means that the evidentiary power of the certificate is not absolute, but strong enough. On a scientific basis, the author is motivated to conduct a scientific study containing the Legal Power of Electronic Certificates (E-Certificates) Issued by the National Land Agency (BPN) as a Form of Land Ownership Rights. The research method that will be used in this research is a qualitative approach, namely a way or research method that emphasizes analysis or descriptive. Based on the research results, there are research results on the Legal Power of Electronic Certificates (E-Certificates) Issued by the National Land Agency (BPN) as a Form of Land Rights Ownership, namely the Legal Power of Electronic Certificates (E-Certificates) Issued by the National Land Agency (BPN), namely Electronic certificates with analog certificates have the same position as valid evidence and provide legal certainty for land rights holders in land registration in Indonesia. The implementation of this electronic certificate has not been implemented in the meeting of Commission II of the Indonesian House of Representatives and the Minister of ATR/BPN on the grounds of delaying the security of data listed on the electronic certificate and the regulations of the Minister of ATR/BPN have not regulated data security on digital land certificates as a form of weakness in the regulation, and the Security Guarantee of E-Certificates Issued by the National Land Agency (BPN) as a Form of Land Rights Ownership, namely the Issuance of e-Certificates by BPN brings many advantages in terms of security, efficiency, and transparency in the management of land rights in Indonesia. This secure and technology-based system provides assurance to the community that their land ownership rights are protected and clearly recorded in a legitimate system, reducing the potential for conflict and increasing ease in managing land rights.
Responsibility of Land Deed Officials (Ppat) in Providing Unfinished Name Transfer Services Parhan, Parhan; Fajar Riyanto, Taufan
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. This study aims to determine the responsibility of the Land Deed Official (PPAT) for unfinished name change services and to determine the legal consequences of unfinished name change services. This study uses a type of sociological or empirical legal research that includes legal identification and legal effectiveness, empirical legal research is legal research where data is obtained through primary legal data or data obtained directly in the community. Based on the research conducted, it can be seen that the responsibility of the PPAT includes Civil, Criminal, Administrative, and PPAT Code of Ethics obligations. If the Deed has been carried out in accordance with the procedure and there is a delay caused by the negligence of the PPAT, then in practice the PPAT can be sued for compensation for the delay if the delay causes losses to the parties. The legal consequences of the transfer of Land Rights that are registered late are that the Deed cannot be registered for the Transfer of Rights at the National Land Agency Office and this is the personal responsibility of the PPAT because the PPAT is obliged to comply with the registration period for the transfer of Rights, which is a maximum of seven working days from the signing of the Deed. PPAT itself can be subject to administrative sanctions in the form of a written warning and in serious cases PPAT can be dismissed from his position. And if force majeure occurs, PPAT cannot be sued because it is beyond the fault of PPAT as long as all procedures required by the National Land Agency have been fulfilled.Keywords: Effectiveness; Empirical; Legal; Responsibility.
Juridical Review of the Position of Land Deed Drafting Officials (PPAT) in Implementing Deeds of Imposition of Mortgage Rights Prasetyo, Bagus Agung Yuda; Fajar Riyanto, Taufan
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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This research aims to determine and analyze the position of Land Deed Making Officials (PPAT) in implementing Deeds of Encumbrance of Mortgage Rights, as well as to find out various obstacles and ways to overcome obstacles in the implementation of Imposition of Mortgage Rights. This research uses a sociological juridical approach. Data sources were obtained from several stages, namely through field research (interviews) and library research. Data analysis in a systematic way includes data reduction, data presentation and drawing conclusions. Based on research, it is concluded that the position of the Land Deed Making Officer (PPAT) in implementing the Imposition of Mortgage Rights is to bridge the interests of the debtor with the interests of the creditor so that both parties get a sense of justice. , usefulness, and legal certainty in binding mortgage guarantees. The obstacle experienced by PPAT in implementing the imposition of mortgage rights is that there are still banks that allow them to impose mortgage rights on land that has not been certified. However, this method can cause many risks. Keywords: Land; Registrar; Imposition; Mortgage; Position; Rights.
Settlement of Disputes on the Implementation of Registration of the Deed of Granting Mortgage Rights that Exceeds the Time Limit Wirandari, Alfiah Dwi Ayu; Fajar Riyanto, Taufan
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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Those granting mortgage rights must be present before the PPAT, if for some reason they cannot appear in person, they must appoint another party as their attorney with a Power of Attorney to Charge Mortgage Rights (SKMHT) which must be followed by a Deed of Granting Mortgage Rights (APHT) in accordance with Article 15 paragraph ( 3) Mortgage Rights Law no later than 1 (one) month after the SKMHT is signed. The aim of this research is to identify and analyze how to resolve disputes over the registration of mortgage rights that exceed the time limit and legal certainty for creditors in the case of registration of mortgage rights that exceed the time limit in the case of this research. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive. The data collection techniques used were interviews and observation. The data analysis technique uses a qualitative descriptive analysis method by drawing conclusions inductively. The research results showed that there was a dispute over the registration of the Mortgage Rights Registration Deed which exceeded the time limit due to the disorganized administration of the Land Deed Making Official (PPAT) in this research. The solution in completing the registration of a deed granting mortgage rights that exceeds the time limit in this research is carried out by mediation to obtain a win-win solution or no one feels too disadvantaged, and legal certainty for creditors in the case of registering a deed granting mortgage rights that exceeds this time limit is concurrent. Keywords: Granting; Land; Registration; Mortgage; Solution.
Legal Protection for the Sale and Purchase of Uncertified Land in Paser Regency, East Kalimantan Renalda, Audrina; Fajar Riyanto, Taufan
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 research is based on the fact that many people in Paser Regency still conduct land sales and purchases without certificates based solely on trust and simple receipts, thus creating legal uncertainty and potential ownership disputes. The purpose of this research is to understand the process of buying and selling uncertified land, the obstacles encountered, and the forms of legal protection provided to the parties. This research uses an empirical juridical method with a descriptive analytical approach, which combines secondary data in the form of laws and legal theories with primary data from field interviews. The results show that the practice of buying and selling uncertified land in Paser Regency is still carried out underhand without a PPAT deed and does not go through the land registration process as stipulated in Government Regulation Number 24 of 1997. The main obstacles include a lack of public legal awareness, the perceived high cost of certification, and weak village administrative oversight. Legal protection efforts that can be provided include preventive protection through counseling and mandatory land registration, as well as repressive protection through dispute resolution in court. This research emphasizes the need to increase public legal awareness and the active role of local governments and PPATs in ensuring legal certainty for uncertified land transactions.
Validity of the Deed of the Official Writing the Land Deed in the Event of Legal Problems in Credit Agreements With Credit Rights as Security Nur Hamidah, Britania; Fajar Riyanto, Taufan
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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An authentic deed contains the concept of truth regarding the deed in proving that the parties have understood and explained what is written in the deed, including explaining that the deed is true. Authentic deeds can also be said to have perfect evidentiary power because they have three types of evidentiary power, namely physical, formal and material. The role of a notary is not only administrative, but also preventive, namely preventing potential disputes in the future through the creation of deeds that are clear, complete and in accordance with the provisions of the law. In addition, there are factors causing default related to the role of the notary, where default in a credit agreement with collateral can be caused by various factors, both internal to the notary and external factors. This study uses a normative juridical approach with a case study approach and analysis of applicable laws and regulations, particularly the Land Deed Official Law and its implementation. The data obtained uses literature studies obtained from secondary data on legal literature, court decisions, and documents related to the preparation of this scientific work, and the analysis in this study is perspective. The results of the study show that the validity of PPAT deeds depends on the simultaneous fulfillment of formal and material requirements. Failure to fulfill either of these requirements will result in the deed being invalid.Keywords: Land Deed Official, Credit Agreement, Mortgage Rights
Analysis of the Accountability of Land Deed Officials for the Transfer of State Land (Court Decision Number 33/Pdt.G/2019/Pn.Cbi) Firmansyah Iswara, Alfido; Fajar Riyanto, Taufan
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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Protection of land based on the 1945 Constitution of the Republic of Indonesia (UUD 1945) can be found in several articles that emphasize the principle of state control over natural resources including land, as well as the state's obligation to regulate, manage and protect it for the prosperity of the people.The aim of this research is Uto find out and analyze PPAT's responsibilities in making deeds of transfer of state land and completing the transfer of rights to state land. The type of research used by the researcher is legal sociology. Legal sociology is a type of legal research known as field research, which relates to legal provisions and the realities of society.Descriptive-qualitative research. Descriptive-qualitative research is research that explains, records, analyzes, and interprets the object being studied based on observations, interviews, and documentation. The analysisThe qualitative method used is a way of interpreting and discussing research results based on interviews with informants, understanding of law, legal norms, legal theories and doctrines related to the main problem. The research results obtained were:The case of the transfer of Building Use Rights (HGB) involving PPAT in the case of PT Sentul City Tbk illustrates a form of negligence in the implementation of administrative authority and legal responsibility of PPAT as regulated in PP No. 24 of 1997 concerning Land Registration and Regulations on the Position of PPAT (Regulation of the Head of BPN No. 1 of 2006 in conjunction with No. 8 of 2012). The PPAT is considered to have violated the due care principle because it made a deed of transfer of land rights without ensuring the validity of the land status which is still legally problematic or overlaps with the rights of other parties. The case of the transfer of Building Use Rights (HGB) involving the PPAT in the case of PT Sentul City Tbk shows that the implementation of the PPAT's duties has a crucial role in realizing legal certainty in the land sector, resulting in the registration process and issuance of new certificates at the National Land Agency (BPN) being administratively flawed and creating legal uncertainty for the interested parties.
Legal Implications of the Deed of Land Sale and Purchase Agreement that is Still in the Process of Being Finalized for Legal Certainty for the Parties Julianty, Julianty; Fajar Riyanto, Taufan
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 implications of the use of a Deed of Sale and Purchase in land sale and purchase transactions that are still in the process of being divided. 2). Legal certainty for buyers in land sale and purchase transactions with a Deed of Sale and Purchase when the land certificate is still in the process of being divided. 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 prescriptive. The results of the study concluded: 1) The legal implications of the use of a Deed of Sale and Purchase in land sale and purchase transactions that are still in the process of being divided are that the use of PPJB has significant legal consequences because it is only obligatory and has not transferred ownership rights as regulated in Article 37 of PP Number 24 of 1997. This condition causes buyers to not obtain legal protection for property, cannot change the name, and is at high risk if the seller abuses land rights. Based on Soeroso's Theory of Legal Consequences, a PPJB for undivided land has three legal consequences: the emergence of a new legal situation in the form of a conditional sale and purchase agreement, the formation of a reciprocal legal relationship between the seller and the buyer, and the emergence of legal sanctions in the event of default. 2) Legal certainty for buyers in land sale and purchase transactions with a Deed of Sale and Purchase Agreement when the land certificate is still in the process of being divided is not fully guaranteed. Although the UUPA, PP Number 24 of 1997, and Permen ATR/BPN Number 16 of 2021 have provided the legal basis for land registration, the PPJB only creates an obligatory relationship without transferring ownership rights. As a result, buyers do not have legal certainty regarding the property and only have the right to demand the implementation of the sale and purchase after the division is complete. Registration of the PPJB at the Land Office only provides administrative certainty, not legal ownership. Differences in judges' interpretations of the legal force of the PPJB, as seen in the Decisions of the Yogyakarta District Court No. 63/Pdt.G/2020/PN.Yyk and the Yogyakarta High Court No. 13/PDT/2021/PT.Yyk demonstrates a lack of substantive legal certainty. Therefore, regulatory updates are needed to clarify the legal standing of PPJBs to strengthen protection for buyers in good faith and ensure the process of deed separation and AJB is carried out with certainty and uniformity.
The Role of a Notary in Making a Deed of Power of Attorney to Charge a Mortgage on Land Collateral that Has Not Been Certified at Bank Jateng Purwodadi Aziz Pujiharto, Abdul'; Fajar Riyanto, Taufan
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 presence of notaries is increasingly important for Indonesian society today whose economy continues to develop. People use notary services to provide legal certainty in the field of obligations and agreements. SKMHT is an abbreviation of Power of Attorney to Charge Mortgage Rights. This power of attorney is given by the mortgagee to the creditor as the recipient of the mortgage right to charge the mortgage right on the object of the mortgage right. This SKMHT is a special power of attorney that gives special authority to the creditor to charge the mortgage right. This letter must be made with a notarial deed or PPAT deed. The purpose of this study is to determine and analyze the role of Notaries in making a Deed of Power of Attorney to Charge Mortgage Rights on uncertified land collateral at Bank Jateng Purwodadi Branch. To determine and analyze the obstacles faced by Notaries and solutions in making a Deed of Power of Attorney to Charge Mortgage Rights on uncertified land collateral at Bank Jateng Purwodadi Branch. This research employs an empirical legal approach, and its specifications employ a descriptive analytical method with a qualitative approach. The data sources and types used in this study are primary data obtained from field studies using interviews. Secondary data are obtained from literature studies related to the theory of legal certainty and authority. Based on the results of the research that the role of the Notary in making the deed of Power of Attorney to Charge Mortgage Rights (SKMHT) against uncertified land collateral at Bank Jateng Purwodadi Branch in practice the Notary makes the SKMHT in accordance with Article 15 UUHT to bind the guarantee for uncertified lands that will be used as collateral, and has fulfilled as stipulated in Article 38 UUJN regarding the beginning of the Deed, the body of the Deed, and the closing of the Deed. The obstacles faced by the Notary in making the SKMHT deed against uncertified land collateral at Bank Jateng Purwodadi Branch are a). Inhibiting factors from the Bank, namely incomplete documents, b). Inhibiting factors from the Debtor, namely the problem of the amount of fees. c). Bad Credit. The solutions to overcome these obstacles are: a). Giving 7 working days to complete the documents from the Bank or customer. b). Negotiating costs with the Notary, c). The Bank's caution in providing credit.
Co-Authors Aziz Pujiharto, Abdul' Firmansyah Iswara, Alfido JULIANTY JULIANTY, JULIANTY Nur Hamidah, Britania Parhan, Parhan Prasetyo, Bagus Agung Yuda Renalda, Audrina Rihesta, Dwi Adi Pangestika Putra Wirandari, Alfiah Dwi Ayu