cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ong Argo Victoria
Contact Email
tabelius@unissula.ac.id
Phone
+6281325424803
Journal Mail Official
tabelius@unissula.ac.id
Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia
Location
Kota semarang,
Jawa tengah
INDONESIA
TABELLIUS
Published by Universitas Islam Sultan Agung
ISSN : 29886201     EISSN : 29886201     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 25 Documents
 1   2   3 
Search results for , issue "Vol 1, No 1 (2023): March 2023" : 25 Documents clear
Responsibilities of Notaries in Making Deeds Affecting Bad Credit at Bank Rakyat Indonesia Ady, Sigit Priambodo; Bawono, Bambang Tri
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze: 1) Implementation of the making of the credit agreement deed at Bank Rakyat Indonesia. 2) The responsibility of a notary in making a deed that has an impact on bad credit at Bank Rakyat Indonesia. The approach method in this research is a sociological juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary and secondary data. Data collection by interview method and literature study. The data analysis method used is qualitative analysis. The results of the study concluded: 1) The implementation of making a credit agreement deed at Bank Rakyat Indonesia is carried out based on an agreement between the debtor and the creditor. After the credit agreement is signed by the debtor and the party representing BRI, then waarmerking will be carried out by a Notary appointed by PT. Bank Rakyat Indonesia (Persero) Tbk. The credit agreement deed is notarized, the binding is carried out simultaneously with the binding of collateral / Mortgage. In granting the Mortgage before the PPAT, it must be attended by the Mortgage Giver and the Mortgage recipient and witnessed by 2 (two) witnesses. 2) The responsibility of a notary in making a deed that has an impact on bad credit at Bank Rakyat Indonesia Decision Number 52/Pdt.G/2020/PN Cjr Notary cannot be directly held accountable individually, collectively, based on errors or absolute liability. This is because the notary only mewaarmeking credit agreement deed that has been agreed upon by the debtor and the party representing BRI, namely the head of the PT branch. Bank Rakyat Indonesia (Persero). Regarding collateral/guarantee, before the binding of the notary has also checked in advance regarding the correctness, so that if bad credit occurs until the auction of collateral/guarantee, it is absolutely the responsibility of the parties themselves.Keywords: Bank; Credit; Responsibility.
The Legal Protection for Land Deed Officials Regarding the Making of Deeds Based on Incorrect Information by the Parties Siswanti, Siswanti
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research has the following objectives, namely first, to guarantee legal certainty over authentic deeds made by the Land Deed Deed Official (PPA)T against incorrect information on the parties; secondly, to provide legal protection for the Land Deed Making Officer (PPAT) who draws up an authentic deed in the form of a sale and purchase deed based on incorrect information from the parties; third, an example of waiver of rights if it turns out that there is incorrect information from the parties in accordance with Article 51 paragraph 2 of the Criminal Code. This study uses a normative juridical research approach, and the theory used in this paper is Gustav Radbruch's Legal Certainty Theory and Philip M. Hadjon's Legal Protection. The research results conclude. 1) The deed of the official making the land deed (PPAT) will not have legal certainty if the authentic deed is not in accordance with the applicable provisions or is carried out against the law. 2) Legal protection for the Land Deed Making Officer (PPAT) who draws up a deed on the basis of incorrect information from the parties is only based on the right of refusal, if he does not have bad rights then the right of refusal does not apply. A notarial deed made based on a letter or document from the parties which is known to be fake after the deed is made remains an authentic deed as long as the notary in making the deed meets the formal requirements of a deed is said to be an authentic deed. If the notary commits negligence so that he does not meet the formal requirements of an authentic deed, then the deed made by a degraded notary only has the power of proof as an underhand deed. Notarial deeds that are degraded into private deeds are regulated in Article 41, Article 44 paragraph (5), Article 48 paragraph (3), Article 49 paragraph (4), Article 50 paragraph (5), Article 51 paragraph (4). If the negligence committed by a notary results in losses for the parties, the parties can claim fees, compensation and interest from the notaryKeywords: Certainty; Deed; Protection.
The Urgency of the Role of Officials Making Land Deeds in the Protection of Disputed Land Buyers Dirgantari, Yuni
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Indonesian state is basically a constitutional state, guaranteeing the recognition, respect and protection of land ownership rights. However, this is not going well in reality, this is due to the legal culture of the people who often do not heed existing laws. This situation can be seen in various kinds of land disputes between buyers and sellers or buyers with third parties related to the land seller. The role of the Notary/PPAT required has not been able to be realized optimally. This article uses the empiric method. Based on the studies conducted, it can be seen that the role of the Notary/PPAT in protecting disputed land buyers in Kendari City is currently not optimal.Keywords: Buyer; Disputed; Protection.
The Legal Protection of Auction Winners Execution of Mortgage Guarantee Auction Agustina, Erika Putri
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Legal Protection for the winner of the Mortgage Execution Auction means that there is a legal certainty regarding an object for the winner of the Mortgage Auction Execution.In the auction process that has been carried out, there will be legal consequences, namely the transfer of the rights of the auction object from the seller to the auction winner. In practice, the transfer of rights to the auction object raises a problem, such as the auction winner being unable to control the object because it is controlled by a third party. The empirical juridical approach is that this research means that in analyzing the problem it is carried out by combining legal materials (which are secondary data) with primary data obtained in the field, namely regarding "Legal Protection of the Rights of the Winner of the Mortgage Execution Auction.This study draws a conclusion that the provisions for purchasing land and buildings through auctions in Indonesia can be interpreted from the provisions of Article 1313 of the Civil Code and Article 1320 of the Civil Code regarding the terms of the validity of the agreement, then referring to Article 1 point 11 of Act No. 10 of 1998 concerning Amendments to Act No. 7 of 1992 concerning Banking, credit agreements do not always go well there are problems that arise, namely bad credit, to resolve the problem of bad credit then refer to Article 6 of Act No. 4 of 1996 concerning Mortgage Rights. Then it also refers to Article 1457 of the Civil Code regarding buying and selling.Keywords : Execution; Mortgage; Protection.
The Legal Certainty of Hotel Condominium Agreements Between PT. Banua Anugerah Sejahtera with The Owner of The Grand Banua Condotel Susanto, Himawan
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Hotel condominiums are accommodations that can be used as an alternative to support the high mobility of today's society. This has made Condotel grow rapidly in Indonesia, however, this development is not in line with the existence of clear legal regulations. The approach used in this paper is a sociological juridical approach, which is an approach by seeking information through direct interviews with informants empirically first and then proceeding with conducting research on secondary data contained in literature studies through theoretical steps. Based on the study in this paper it is known. The implementation of hotel condo agreements so far has not had a legal footing in Indonesia, this has resulted in many developers and builders often seeking large profits without heeding the principles of good ethics in buying and selling agreements and managing hotel condos. The weakness that makes the condo hotel agreement policy in Indonesia not fair is the weakness of laws and regulations in the form of non-regulation of the contents of the condo hotel agreement and the position of the condo hotel in Act No. 20 of 2011, this results in no oversight regarding the sale and purchase agreement. and management of hotel condominiums, so that many actors in the development and construction of hotel condominiums seek profit through sale and purchase agreements and management of hotel condominiums by excluding consumers or hotel condotel owners (condotel).Keywords: Assurance; Condominium; Hotel.
The Juridical Implications of Buying and Selling Land That Is Not In Accordance with the Procedure for Making Deeds by PPAT Baskoro, Fendy Widyo
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to find out about the procedure for making a land sale and purchase deed by PPAT, to find out what are the forms of making a land sale and purchase deed that are not in accordance with the procedure for making a deed by PPAT, to find out what factors cause the making of a deed Buying and selling land that is not in accordance with the procedure for making a deed by PPAT, to find out the legal consequences of buying and selling land that is not in accordance with the procedure for making a deed by PPAT. The normative juridical approach method is used and the data sources used are primary data and secondary data. The data collection was carried out by conducting library research and field research, then after the data was analyzed, conclusions were drawn using inductive thinking methods.Keywords: Consequences; Procedures; Selling.
Juridical Implications of Land Ownership Status of Foreign Citizens Through a Nominee Agreement Based on the Concept of Legal Certainty Ferniawan, Andi Erza
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to determine the juridical implications of the land ownership status of foreign citizens through nominee agreements based on the concept of legal certainty, to find out the legal consequences for perpetrators of nominee agreements for buying and selling land rights for foreign citizens. The approach method used in this study is research with sociological juridical methods, namely analyzing and providing answers about legal issues according to the intended target. Based on the research results, the authors draw the conclusion that 1). Whereas the name loan agreement in practice of land ownership by foreigners is juridically contrary to national land law, namely Article 9, Article 21 paragraph (1), and confirmed by Article 26 paragraph (1) of the UUPA. In addition, this practice is also contrary to the good faith principle of freedom of contract in contract law. In international civil law this practice constitutes legal smuggling of statutory regulations in land law, so that any legal smuggling including this name-borrowing agreement results in the cancellation of the relevant action, in international private law it is called fraus omnia corrumpt, meaning that legal smuggling results in the legal action in its entirety does not apply. 2). The legal consequence for the perpetrator of the nominee agreement on the sale and purchase of land rights for foreign nationals is that the mastery of land ownership rights by foreigners based on a name loan agreement (nominee) cannot be carried out because the agreement is considered invalid and does not meet the legal requirements of the agreement as stipulated in the provisions 1320 Civil Code. The legal consequences of the possession of land rights by foreigners based on a name loan agreement (Nominee) are null and void because the objective conditions are not fulfilled as determined by Article 1320 of the Civil Code.Keywords: Agreement; Land; Nominee.
The Effectiveness of Implementing a Complete Systematic Land Registration (PTSL) Policy in Realizing Legal Certainty for Rightsholders Rahmanto, Endy Satya; Mashdurohatun, Anis
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of the implementation of registration and issuance of land certificates as stated inGovernment Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration.is a manifestation of the purpose of land registration itself and one of the products is a certificate of land rights.The PTSL program is a land registration activity that is carried out simultaneously which covers all land registration objects that have not been registered in one village area or other names.The existence of the PTSL program indirectly provides legal protection to the community in owning land rights because mprotect the actual holder or owner of land rights and there is no guarantee from the government regarding the correctness of juridical data and physical data listed in the land book register or land certificate. Research objectives namely to find out and analyze the implementation of PTSL policies and the effectiveness of the PTSL program in realizing legal certainty for rights holders in the Lamongan Regency area. From the research carried out, it can be concluded that the PTSL of the District Land Office was carried out in several stages, namely: preparation, counseling, data collection and processing of juridical data processing, land inspection, announcement of physical data, validation of physical data, issuance of decisions on granting land rights, bookkeeping of rights over land, issuance and submission of certificates, document management, and reporting.Effectivenessthe implementation of the PTSL policy and its solutions are explained at several points, namely: 1)That the PTSL program has been effective can be seen from the objectives to be achieved through the PTSL program. This is also supported by the important role of several related parties such as the National Land Agency, the subdistrict, the village head and the head of the environment; 2) The PTSL program has been successfully implemented in Bluluk and Kedungpring Districts. The PTSL activity was successful because of the community's enthusiasm for the free land registration program and the 100% completion, namely 2,500 certificates; 3) The PTSL program already has simple facilities and infrastructure that support the success of this program such as a hall as a temporary post for the BPN and tables and chairs; 4) The program has been implemented in accordance with the plan, namely with evidence that the program has been implemented according to plan, namely the presence of BPN officers who are at the command post,Keywords: Certainty; Rights; Holders.
The Reflecting Back on the Role of the National Land Agency in Eradicating the Land Mafia Herlan, Herlan
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The land mafia is a serious problem that can harm society and the country. As a serious problem, BPN, which is a state instrument in structuring national land law, is mandated to be able to play an active role in eradicating the land mafia. This is yet to be seen, because land mafia cases continue to increase, including in the Kendari City area. The approach method used in this writing is a qualitative method. Based on the studies conducted, it can be understood that the implementation of the BPN's role in efforts to eradicate the land mafia in Kendari City is currently not optimal, this is because the BPN acted after a public complaint regarding a land mafia case 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: Agency; Eradication; Land; Mafia.
The Position of Grant Deed for Adopted Children as Juridical Strength of Granting Adoptive Parents' Assets to Adopted Children Karseno, Imam
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Adoption of children according to the Compilation of Islamic Law is a manifestation of faith that carries a humanitarian mission which is realized in the form of caring for other people as children and is caring for children by nurturing their growth and development by fulfilling all their needs; Grant is one of the ways that adoptive parents can do to adopted children as a form of affection that has been established between the two of them. Because Islam clearly emphasizes that the relationship between adoptive parents and their adopted children does not cause the two of them to have an inheritance relationship, thus an adopted child does not inherit the assets of his adoptive parents; The purpose of this research is to find out the position of the deed of grant made by a Notary which contains grants of the assets of adoptive parents to their adopted children in the conception of legal certainty, and to find out the legal consequences for the deed of grants in the ownership of assets donated by adoptive parents to their adopted children if in the future there will be legal disputes with other heirs; The approach method used is sociological juridical. The data needed in this study includes primary data and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data obtained was then analyzed qualitatively; The results of this study state that the position of the grant deed made by a Notary for adopted children is normatively that the Grant Deed Number 19/2008 dated 28 April 2008 made before Notary Jhonni M Sianturi, SH is valid and has legal force, because it has fulfilled the requirements in the grant agreement both formally and materially. The legal consequences for the deed of grants granted from adoptive parents to their adopted children, that the perfect proof of an authentic deed (grant) for both parties is intended if a dispute arises before a judge regarding a matter and one of the parties submits an authentic deed, then what stated in the deed has been deemed perfectly proven. If the opposing party denies the truth of the contents of the authentic deed, then he is obliged to prove that the contents of the deed are untrue.Keywords: Adoption; Child; Grant; Notary.

Page 2 of 3 | Total Record : 25

 1   2   3 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol 3, No 3 (2025): September 2025 Vol 3, No 2 (2025): June 2025 Vol 3, No 1 (2025): March 2025 Vol 2, No 4 (2024): December 2024 Vol 2, No 3 (2024): September 2024 Vol 2, No 2 (2024): June 2024 Vol 2, No 1 (2024): March 2024 Vol 1, No 4 (2023): December 2023 Vol 1, No 3 (2023): September 2023 Vol 1, No 2 (2023): June 2023 Vol 1, No 1 (2023): March 2023 More Issue