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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 9 Documents
 1 
Search results for , issue "Vol 1, No 2 (2023): June 2023" : 9 Documents clear
The Responsibilities of Notaries Who Participated in the Crime of Certificate Embezzlement Budi, Anita Widyaningrum; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) The responsibility of a notary who participates in the crime of certificate embezzlement. 2) Juridical implications for deeds issued by notaries participating in the crime of certificate embezzlement The approach used in this study is a sociological-juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary data and secondary data obtained through interviews and literature. The data analysis method used in this research is descriptive analysis. The results of the study concluded: 1). Responsibilities of Notaries who participated in committing the crime of certificate embezzlement in Samarinda City were sentenced to 3 months in prison. Notary MS was legally and convincingly proven guilty of committing the crime of participating in embezzlement and fulfilling the elements in Article 372 of the Criminal Code juncto article 55 paragraph 1 of the Criminal Code. This proves that notaries are not above the law, notaries are the same as ordinary people who must comply with laws and regulations. 2) The juridical implication of the deed issued by a notary who participated in the crime of embezzlement of certificates in Samarinda City, namely that the DA as the legal owner can apply for the cancellation of the deed of sale and purchase and certificates to the Court. The filing for annulment aims to maintain legal certainty and certainty of the rights to his land. The imposition of a criminal sentence against Notary MS does not necessarily mean that the deed in question becomes null and void by law. Keywords: Criminal; Embezzlement; Liability.
The Position of the Deed of Sale and Purchase Made by the Land Deed Official for Children Under the Guardianship Based on Court Determination Ridwan, Muhammad Hidayat; Bawono, Bambang Tri
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The aim of this research is to find out and analyze the position of the PPAT deed for children who are not yet legally competent, who are authorized to the guardian based on a court decision and the legal consequences of the position of the PPAT deed for children who are not yet legally competent, who are authorized to the guardian based on a court decision. The research method used is normative juridical, namely an approach that uses a positivist legislative concept which states that law is identical to written norms, so this research is closely related to libraries because it will require secondary data in libraries. Based on the results of the research and discussion, it was concluded that. The Position of the Sale and Purchase Deed Made by the Land Deed Official (PPAT) for Children Under the Guardian's Care Based on Court Determination. The PPAT Deed serves as a means of proof in the form of an authentic deed, in order to provide guarantees, protection and fair legal certainty as well as equal treatment before the law, regarding certain circumstances, events or legal acts. This is in line with the progressive legal theory put forward by Sajipto Raharjo. Legal consequences of a Sale and Purchase Deed made by a Land Deed Official (PPAT) on children under the guardianship of a guardian based on a court decision. By making an authentic deed as evidence in the legal action, then the parties can be more aware of the consequences of their actions so that the interests concerned receive reasonable legal protection. Legal actions that result in the transfer of rights from one legal subject to another legal subject, thereby causing the loss of authority over the land. In this way, PPAT is in line with the theory of the workings of law put forward by William Chamblliss and Robert B Saidman. Keywords: Competent; Court; Land.
The Notary Legal Protection in Criminal Cases Related to Authentic Fiduciary Deeds Adillah, Mokhamad Hussain
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Criminal cases related to authentic fiduciary deed can position the notary as a witness, suspect and even the accused which shows that the notary has no legal immunity. This research is about Legal Protection of Notaries in Criminal Cases Related to Authentic Fiduciary Deeds, which aims to find out and analyze the position of notaries in criminal cases related to the fiduciary deed they made and their legal protection. This study uses a sociological juridical approach. Data collection was carried out through interviews and literature study. Data analysis was carried out in a qualitative descriptive manner. This research shows that a notary in a criminal case related to a fiduciary deed he made can serve as a witness or perpetrator of a crime as stipulated in Article 35 of Act No. 42/1999 concerning Fiduciary Guarantees.participating in criminal acts (Article 55 of the Criminal Code), assisting perpetrators in committing crimes (Article 231 of the Criminal Code), making fake letters (Article 263 of the Criminal Code), providing false statements in authentic deeds (Article 266 of the Criminal Code), embezzlement (Article 372 of the Criminal Code), and fraud (Article 378 of the Criminal Code) which causes harm to other parties, the notary can be held criminally responsible.Legal protection for notaries in criminal cases related to the fiduciary deed he made namelyafter the issuance of the Constitutional Court decision No. 49/PUU-X/2012 namely the summons of a notary through the Notary Honorary Council according to Article 66 UUJN. In addition, notaries still receive protection from the rights and obligations of notary disobeying as referred to in Article 1909 paragraph (3) of the Civil Code and Article 322 of the Criminal Code. Keywords: Criminal; Fiduciary; Protection.
The Obligations of Notaries in Providing Free Legal Services to Indigent People Based on Law No. 2 of 2014 Mukti, Sukma Raka Pratama Karyana
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to determine and analyze legal regulations regarding the Notary's obligation to providefree legal services to people who cannot afford it, and uto find out and analyze the legal consequences for Notaries who do not provide free legal services to people who cannot afford it. To achieve the above objectives, the author uses a type of Normative Juridical legal research. The approach method in this legal research uses a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). The type of data used in this research is secondary data including words and actions, as well as written data sources. Research data sources consist of primary legal materials, secondary legal materials and tertiary legal materials.The data collection method is used to collect data by means of literature study. The data analysis method uses Descriptive Research. Based on the research results, conclusions were obtained, firstly that Legal regulations regarding the obligation of Notaries to provide free legal services to people who cannot afford them are contained in Article 37 paragraph (1) UUJN and Article 3 paragraph (7) Notary Code of Ethics. Article 37 UUJN and Art3 paragraph (7) Notary Code of Ethics is something that must be implemented, however, because there are no standard rules from INI as the organization that oversees Notaries throughout Indonesia regarding procedures and who can be said to receive legal assistance to determine whether someone is eligible or can be exempt from fees. Second conclusion, the legal consequences for Notaries who do not provide free legal services to people who cannot afford them are sanctions. In terms of administrative sanctions, Notaries can be subject to sanctions in the form of: Government coercion (besturssdwang), Withdrawal of decisions, Imposition of administrative fines, Imposition of forced money by the government (dwangsom). Meanwhile, the sanctions contained in Article 37 paragraph (2) UUJN are in the form of: verbal warning, written warning, temporary dismissal, honorable dismissal and/or dishonorable dismissal. Sanctions contained in Article 6 paragraph (1) of the Notary Code of Ethics include: reprimand, warning, temporary dismissal from Association membership, honorable dismissal from Association membership, and/or dishonorable dismissal from Association membership. Keywords: Incapacitated; Obligations; Services.
The Legal Protection for Notaries against Civil Efforts on Authentic Deeds That Have Been Published Saputra, Rizal Alamsyah Hadi; Bawono, Bambang Tri
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notaries have carried out their responsibilities in accordance with applicable regulations by using the principles of vigilance and prudence, but still have to deal with legal issues because provisions are also permissible, and it is feared that distrust will arise in the authentic deed made before a notary and the credibility of a notary in the jurisdiction Merauke Regency is also in doubt. This study aims to find out and analyze the legal standing of deeds that have been issued by a Notary when a lawsuit is filed by the parties and to find out and analyze the legal protection for a notary against civil proceedings for authentic deeds that have been issued in Merauke Regency (case study no. 80/ pdt. bth/2021/pn/mrk). The approach method in this research is a sociological juridical approach. Based on the research, it was concluded that legal protection for Notaries in case decisions Number 80/PDT.Bth/2021/PN/MRK The Panel of Judges is of the opinion that a credit agreement is an agreement between the debtor and the creditor to bind himself in the provision of debts and receivables which can be done by the debtor providing guarantees or without guarantees for repayment of debts to creditors. If there is collateral in the credit agreement, it is an additional agreement with the credit agreement as the main agreement, with these agreements applying as a law for the makers according to the provisions of Article 1338 of the Civil Code if it has been legally made by fulfilling the legal requirements of the agreement as stipulated in Article 1320 Civil Code. Keywords: Civil; Efforts; Notary; Protection.
The Legal Settlement Aspects of Land Grant Disputes Where Buildings Have Been Erected Due to Weak Evidence Satyo, Bagus Khusfi; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

An agreement can be made if there is a skill, a halal cause, a thing and an agreement between the two parties. This research is descriptive analytical research which attempts to describe systematically and carefully the facts about the characteristics of a certain population. The approach that this author will take is the Sociological Juridical approach. The Sociological Juridical Approach emphasizes research that aims to obtain legal knowledge empirically by going directly into the object. Sociological Juridical Research is legal research using secondary data as initial data, which is then continued with primary data in the field. or towards society, researching the effectiveness of a Ministerial Regulation and research that wants to find relationships (correlations) between various symptoms or variables, as data collection tools consisting of document or library material studies and interviews (questionnaires). The Sociological Juridical Approach is aimed at reality by looking at the application of law (Das Sein). The researcher chose this type of legal research because the researcher saw a gap between the desired legal rules (Das Sollen) and the reality that occurred (Das Sein). A grant is giving something to a desired person voluntarily. In general, the definition of a gift is giving something to a desired person while they are still alive, which is different from the concept of inheritance. Grants themselves are quite often found at social events, such as giving land to social institutions or religious buildings. Not infrequently, grants are also given in the form of assets or property. Keywords: Authority; Dispute; Grant; Mediation.
The Legal Certainty of Notary Deeds in Indonesia Used in Countries Not Joining the Apostille Convention Rizkawati, Ninda; Arpangi, Arpangi
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to find out and analyze legal certainty over the legal status of authentic deeds of Indonesian notaries that are used outside the territory of Indonesia and to find out and analyze the steps that must be taken by notaries so that authentic deeds of notaries in Indonesia can be used outside the territory of Indonesia which not yet a member of the Apostille convention. This research uses Normative Research Methods, with a Conceptual approach and Legislation. The data source used is secondary data in the form of primary, secondary and tertiary legal materials. Data collection techniques using the Library Studies method. With the method of data analysis using Perspective analysis. The results of the study show that: First, the legal status of the Authentic Deeds of Notaries in Indonesia that are applied for through the Legalization process through Diplomatic or Consular channels and the Legalization of Apostille are equally valid. outside the territory of Indonesia that have not joined the Apostille Convention by fulfilling the elements of the validity of an Authentic Deed based on statutory regulations, taking into account the general principles and principles of National Civil Law, National Civil Law of Destination Countries, and International Law. The register Notary specimens at the Directorate General of General Legal Administration, as well as carry out the document legalization process.
The Role of Land Deed Officials (PPAT) in Certifying Customary Land Wijaya, Dwi Julianto; Bawono, Bambang Tri; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to: (1) To determine and analyze the implementation of registration/certification of customary land in Cirebon Regency. (2) To determine and analyze the role of PPAT in the implementation of registration/certification of customary land. The approach method in this research is sociological juridical. The research specification is analytical descriptive. Data collection tools consist of document or library material studies and interviews. Required data Primary Data and Secondary Data. Primary data was collected through interviews, and (2) secondary data was collected through literature study. Data analysis in this research was carried out qualitatively, that is, the data obtained was compiled systematically and then analyzed qualitatively to explain the problem being studied.1998, as well as Head of BPN Regulation Number 1 of 2006. Keywords: Land; PPAT; Registration.
Legal Certainty against Electronic-Based Land Certificates as Proof of Ownership of Land Rights in Indonesia Wanapertiwi, Ajeng Putri; Djunaedi, Djunaedi
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Previously, land certificates owned by the Indonesian people were in the form of physical documents such as books or magazines. Unfortunately, these physical documents are more easily damaged by floods, fires and loss. In fact, often these physical land certificates are easily duplicated. This of course makes the owner of the land certificate suffer losses. To overcome this, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) will enforce the use of electronic land certificates starting in 2021. The objective of this research is to examine and analyze legal certainty for electronic land certificates as proof of ownership of land rights in Indonesia; and to review and analyze the legal protection of data on electronic land certificate ownership rights. The approach method used in this study is a normative legal approach. The results of the study show that: (1) Legal certainty of land certificates in the form of electronic documents can be categorized as electronic evidence which has the same evidentiary power as written/written evidence made on paper and the printout as a form of valid proof. (2) Legal protection that can be given to electronic land certificate ownership data consists of: a) Preventive legal protection in the form of guaranteed fulfillment of personal data protection by requiring Electronic System Operators in this case the National Land Agency (BPN) to maintain the confidentiality of public personal data and safeguard it so that there is no leakage. Keywords: Certainty; Certificates; Electronic; Land.

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