TABELLIUS
TABELLIUS: Journal of Law is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. TABELLIUS: Journal of Law published in four (4) times a year they are in March, June, September and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, Researchers and practitioners for publishing the Articles of original research or review articles. The scope of the Articles published in this journal deal with a broad range of topics of law notaries including: Land and Rights Transfer Certificate; Legal engagements / agreements; Inheritance law; Security law; Agrarian law; Islamic banking; The law of islamic economics; Tax law; Auction; Insolvency; Intellectual property rights, etc.
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<![CDATA[The Policy on the Application of National Land Law and Its Influence on the Existence of Ulayat Rights of the Samin Tribe Indigenous People in the Karts Kendeng Mountains ]]>
<![CDATA[Sulaiman, Nurcholis]]>;
<![CDATA[Darmadi, Nanang Sri]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This study aims to identify and analyze the problems of the existence of customary rights of the Samin tribal people against the policy of implementing national land law and their solutions. The approach method in this study is sociological juridical, with descriptive analytical research specifications. The data needed includes primary and secondary data, the data is collected by means of interviews and literature study, which are then analyzed using qualitative analysis. The research results show that the problem of the existence of customary rights of the Samin tribe in the karts kendeng mountains of Rembang is modernization and a change in the mindset of the indigenous people. Factors that influence these changes are internal factors in the form of changes from their indigenous peoples and external factors that are influenced by other cultures from outside. The samin community in the Rembang karts kendeng mountains is identical and has merged into an organic society in terms of social solidarity. With this change, the Samin people are no longer guided by their culture and customs and then become a society in general, so that customary rights which were formerly the rights of the Samin people are now individual rights, then PT Semen Indonesia uses them to build a factory in the area. The solution in particular is that the Samin community must care for, protect, preserve, manage, and utilize their Ulayat land so that their Ulayat land rights do not disappear. The general solution is that the government is expected to be able to realize legal certainty for indigenous peoples determine special legislation that thoroughly discusses customary rights.Keywords: Customary; Land; Society; Tribe.]]>
<![CDATA[The Notary's Answer to the Making of the Sale and Purchase Agreement Deed (PPJB) When a Dispute Occurs for the Parties ]]>
<![CDATA[Fadlulah, Muhammad Ajib]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The binding sale and purchase agreement which is often called PPJB is made before a notary with the aim of expressing the agreement of the parties in the form of a deed to bind each other. This writing aims to find out and analyze the responsibility of a notary for making a sale and purchase agreement deed when a dispute occurs for the parties in Rembang district and to find out and analyze the juridical implications for making a binding sale and purchase agreement deed when a dispute occurs in Rembang district. The approach method used in this study is a sociological juridical approach, which means a study conducted on the real condition of society or the community environment with the intent and purpose of finding facts which then leads to identification and ultimately leads to problem solving. The analytical knife in this paper uses the theory of legal certainty and the theory of responsibility. The results of this study indicate that the notary's responsibility for the deed he made is limited to the initial part of the deed / head of the deed and the final / closing part of the deed, in this section the notary has full responsibility for its contents both formally and materially. The role of the Notary is only as a Media for the birth of an Authentic Deed and Juridical Implications for Making a Sale and Purchase Binding Agreement Deed in the event of a Dispute in Rembang Regency made before a Notary in which a dispute occurs because one party's obligations are not fulfilled (default) can cause the cancellation of the deed drawn up before a Notary namely the deed of the Sale and Purchase Agreement (PPJB) can be canceled if it does not fulfill the subjective element or is null and void if it does not fulfill the objective element as it turns out in Article 1320 of the Civil Code.Keywords: Agreement; Buy; Sell.]]>
<![CDATA[The Juridical Study of the Role of BPN in Eradicating the Land Mafia ]]>
<![CDATA[Simamora, Rahmat Hidayat]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The land mafia is a serious problem that can harm society and the country. As a serious problem, law which is a state instrument in managing national land affairs mandated to be able to eradicate the land mafia, has not been optimally implemented. This is proven by the increasing number of land mafia cases, including in the Medan City area. This writing uses sociological or empirical legal research. Based on the studies conducted, it is known that the implementation of the BPN's role in efforts to eradicate the land mafia in Medan City is currently not optimal, this is because the BPN acted after there were public complaints regarding land mafia cases in the community. The juridical obstacle is the absence of regulation regarding criminal law enforcement processes in the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning Prevention and Eradication of Land Mafia. The next obstacle is the obstacle in the aspect of law enforcement which consists of internal and external obstacles. Internal constraints are constraints from the BPN institution. External constraints are obstacles related to the legal culture in society related to eradicating the land mafia.Keywords: Agrarian; Land; Mafia.]]>
<![CDATA[The Formulation of PPAT Legal Accountability in Issuance of Purchase Deeds ]]>
<![CDATA[Robiatun Nasekah, Dwi]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The purpose of this study is to find out what factors cause the sale and purchase deed to be null and void and how the PPAT's responsibility for the sale and purchase deed is null and void. This study uses a normative juridical approach. Primary and secondary data collection was obtained by interview and literature study, then analyzed using qualitative analysis methods. Analysis on the study of decision No.32/Pdt-G/2011/PN-BNA, the sale and purchase agreement was canceled because the plaintiff's deceased wife sold the land object without the consent of the plaintiff as her husband. Referring to the sound of Article 1320 of the Civil Code regarding the legal requirements of an agreement. Where in this case there is no agreement between the land owner, namely the husband and wife as the holders of legal land rights to the buyer. Regarding the cancellation of the Sale and Purchase Deed in the said decision, the PPAT is subject to administrative responsibility as explained in Article 62 PP Number 24 of 1997, without reducing the possibility of being sued for compensation by parties who suffer losses resulting from neglect of these provisions. The future PPAT accountability formulation refers to Wet Van 25 Ventose Jaar Xi Op Het Notarisambt above. As reads in Art 96 and 97 Wet Van 25 Ventose Jaar Xi Op Het Notarisambt explains that the responsibility of a notary/PPAT can be held criminally and administratively accountable together. For PPATs, PPATs should be even more active in studying the notarial law and all related regulations, because regulatory laws are always changing and may increase. In addition, it is hoped that people who will carry out a land sale and purchase transaction can comply with the principle of truth and cash in executing the deed of sale and purchase. If the land to be purchased is joint property, then the husband and wife must agree, not just one.Keyword: Dispute; Land; Transfer.]]>
<![CDATA[The Implementation of Individual Waqf to Foundations for Land Management Rights (HPL) ]]>
<![CDATA[Astuti, Sera]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research aims to know and analyze the implementation of Waqf from private individuals to Educational Foundations on Land Management Rights (HPL). The method used in this research is Sociological juridical, namely a research approach that studies the influence of society on, the extent to which the symptoms that exist in society can influence and vice versa. Sociological juridical research uses secondary data as initial data, which is then followed by primary data or field data, meaning besides seeing Act No. 41 of 2004 concerning Waqf, researchers also saw directly what happened in the field or field research. The types and sources of data that the authors used in this study used primary data that the authors collected directly through interviews as primary data and supported by secondary data. includes laws and regulations books, articles, journals, from the results of the author's research it is possible to carry out personal Waqf to educational foundations on land with management of Land Management Rights (HPL) managed by the Batam Concession Agency (BP) Waqf Land Objects on Land with Management Rights with the type of Building Use Rights (HGB), as well as Usage Rights (HP) can be given a Waqf Rights Period within a certain period of time until the HGB or Rights Use ends or forever with the condition of obtaining written permission / release from the HPL holderKeywords: Implementation; Land; Management; Waqf.]]>
<![CDATA[The Strength of Proof of Notary Deeds Made Electronically in E-Commerce Transactions in the Indonesian Legal System ]]>
<![CDATA[Rohmaniah, Sanivatun]]>;
<![CDATA[Adillah, Siti Ummu]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The development of Information and Communication Technology has brought significant positive impacts in various fields of human life today. The various conveniences offered by the development of telecommunications have made it possible for human relations to take place quickly and easily without taking into account the aspects of space and time. Legal certainty can be achieved if there are no conflicting provisions between one law and another. Obstacles experienced in making Electronic Notary Deeds in e-commerce transactions, among others, in terms of legal substance, namely the absence of specific legal certainty that further regulates the application of information and communication technology in making Notary Deeds, in terms of legal structure, namely there is no structure good law, it will be an obstacle for a Notary to carry out his authority in making deeds electronically and in terms of legal culture, namely the development of existing technology, until now it has not been adapted to the legal culture of Indonesian society. The solution in proving the Notary Deed Electronically in E-Commerce Transactions is that when viewed from a juridical perspective, the actions that can be taken are to revise UUJN and ITE.Keywords: Commercial; Electronic; Verification.]]>
<![CDATA[The Implementation of Complete Systematic Land Registration Program ]]>
<![CDATA[Winanda, Winanda]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Proof of Ownership Land rights are important in the midst of the increasing need for land, registering land parcels so that there is legal certainty in the land parcels of the people who own them in order to avoid disputes and legal issues related to the legal status of the land parcels under their control. For the State, the Complete Systematic Land Registration Program makes it easier for the government to organize cities. This study aims to find out how the implementation of the Complete Systematic Land Registration Program in the City of Cirebon and to determine the role of the Village/Village in Supporting the Implementation of the Land Registration Program in the City of Cirebon. The approach used in this study uses a sociological juridical approach, with a research specification that is analytical descriptive. The data used are primary and secondary data, where primary data is obtained by means of interviews and secondary data by way of literature study. The data analyzed was carried out qualitatively. Based on the research, it was concluded that the Implementation of the Complete Systematic Land Registration Program in the City of Cirebon went according to the stages in its implementation, starting from the planning and preparation, counseling and outreach stages starting from the Village/Village level as the smallest government that directly deals with the community and the factors that impede the Village/Village Government to support the smooth running of government programs. Conclusions and suggestions as a solution to the problem are sanctions imposed on each related agency that does not support programs that aim to prosper the community.Keywords: Implementation; Land; Ownership.]]>
<![CDATA[The Effectiveness of Implementation of Electronic Integrated Mortgage Transparency through Digital Archive Management ]]>
<![CDATA[Murdiningrum, Nurmawati]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The aims of this study were: (1) to find out and analyze the effectiveness of implementing electronically integrated mortgage transparency through digital archive management at the National Land Agency of Salatiga City; (2) to find out the obstacles faced by the Salatiga City National Land Agency in implementing transparency of electronic integrated mortgage rights through digital archive management and solutions. The approach used is sociological juridical. The results of the study conclude that: (1) HT-el services are more effective than conventional HT services, because they can be carried out online, so that users, namely creditors (Banks) or Notaries (PPAT) do not have to come to the local BPN Office to take care of Mortgage Rights, and HT-el application data is stored in a database to facilitate the document search process, and electronic documents (HK-el) have the same legal force as printed documents; (2) Obstacles encountered in HT-el services can be caused by internal factors (reliability of the BPN computer network system to serve HT-el) and external factors (user capacity in operating HT-el computer networks). Keywords: Digital; Electronic; Integrated; Mortgage; Transparency.]]>
<![CDATA[The Juridical Analysis of Inheritance Distribution for Non-Muslim Heirs Muslim Heirs Conception of Legal Certainty ]]>
<![CDATA[Annisa, Fitriana Nur]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Indonesian society is a plural society in which two or more elements coexist and mingle with one another. In any society, every marriage cannot be separated from the possibility of producing offspring or children who are considered to be the bringers of happiness. With these facts, of course it will affect several sectors in Indonesia. In the legal field for example. The law most affected by diversity is the Law of Inheritance. That is, if the heirs are subject to Islamic inheritance law while there are Islamic heirs of different religions (non-Islam). In this study, researchers used a sociological juridical approach. Because the research that is sought is legal aspects in the implementation of the law with the implementation of science and applicable legal rules as well as from a social and community point of view in everyday life. The research specifications shown are descriptive analysis in nature. Researchers in their efforts to collect data are carried out in several ways, namely: field studies and studies of documents/library materials. According to western inheritance law, heirs of different religions are not a barrier to becoming heirs while Islamic inheritance law, heirs of different religions is a barrier to becoming heirs. However, heirs of different religions can still receive inheritance through a mandatory will as stipulated in the MA Jurisprudence No. 51/K/AG/1999 with the condition that it does not exceed 1/3 of the total inheritance.Keywords: Different; Inheritance; Religions.]]>
<![CDATA[The Legal Consequences of Applying the Principle of Balance to Grant Agreements Waarmarked by Notaries ]]>
<![CDATA[Soedijono, Agam]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The development of contract law gave birth to a new principle, namely the principle of balance which states that an agreement is binding as long as it is based on a balance of interests between the parties. Agreement law in Indonesia recognizes grant agreements, namely unilateral agreements that only show the achievements of one party. The emergence of the principle of balance then raises issues which are the main focus of writing this law, related to the application and legal consequences in the grant agreement Number: 536/Waarmer/IV/201, April 6, 202 Notary PPAT Arif Indra Setyadi SH. MKn. Although there are no provisions governing the application of the principle of balance in Indonesian contract law, the application of the principle of balance is indirectly contained in Article 1320 of the Civil Code. The emphasis is on "agreement", "execution in good faith" and the binding agreement with "decency, custom and law" shows that in an agreement there should be a balance between the parties so as to create a sense of justice. An unbalanced agreement does not have binding power because it is contrary to good faith, a sense of justice and propriety. As a result, an unbalanced agreement can be requested for cancellation of the agreement.Keywords: Agreement; Balance; Grant; Waarmerking.]]>
