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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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Abstract

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.
Co-Authors Parhan, Parhan Prasetyo, Bagus Agung Yuda Rihesta, Dwi Adi Pangestika Putra Wirandari, Alfiah Dwi Ayu