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[Execution of Fiduciary Guarantees against Defaulting Debtors Who Resist the Execution ]]>
<![CDATA[Taradipa, Tania]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research aims to determine the obstacles in the implementation of the fiduciary guarantee execution process. As well as to find out the efforts made by the bank in carrying out the execution process. Method The approach in this research is the Sociological Juridical research method. This research specification uses descriptive analysis. The type of data used in this research is primary data including Law Number 42 of 1999 concerning Fiduciary Guarantees, the Civil Code, as well as secondary data containing documents and other supports. Collecting research data using interview techniques and studying documents or library materials. The data analysis method used in analyzing the data is qualitative analysis. The results of this research are: (1) The executive power possessed by the Fiduciary Guarantee is the same as a court decision which has permanent legal force, this is because the Object of the Fiduciary Guarantee has included instructions which read "For the sake of Justice Based on Belief in One Almighty God". Obstacles and solutions found in the process of executing fiduciary collateral objects include resistance from the executed party through civil lawsuits, through debt acknowledgment letters, and through selling collateral carried out privately or through an auction. Keywords: Agreement; Credit; Executorial; Fiduciary; Guarantee.]]>
<![CDATA[Repositioning the Value of Pancasila Justice in Debtor Protection in the Execution of Separatist Creditors ]]>
<![CDATA[Raynaldi, Muhammad Ferdyanto]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The implementation of executions by separatist creditors without going through court proceedings as regulated in Article 55 and Article 56 of Law Number 37 of 2004 is contrary to Pancasila justice. The method used is the normative juridical method. Based on the data obtained, it appears that the implementation of bankruptcy execution as regulated in Article 55 and Article 56 of Law Number 37 of 2004 prioritizes the interests of separatist creditors without having to go through aanmaning in court, the meaning of the debtor's insolvency should be an examination in court or through aanmaning regarding the debtor's ability to pay off his debts, not solely based on the analysis and views of separatist creditors. This is clearly implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. Keywords: Creditor; Debtor; Execution; Legal; Protection.]]>
<![CDATA[The Comparison of Inheritance Legal Position of Illegitimate Children Based on Islamic Law & Civil Law ]]>
<![CDATA[Hanggartika, Edo Trisetya]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[The aim of this research is to analyze: 1) To determine the position of inheritance rights of illegitimate children based on the Compilation of Islamic Law and Civil Law. 2) To determine the similarities and differences in the legal position of inheritance of illegitimate children based on the Compilation of Islamic Law and Civil Law. The type of research used is normative legal research. The approach method used in this research is the statutory approach method and the legal comparison method. The research results concluded that the legal position of illegitimate children is based on Article 100 of the Compilation of Islamic Law. Children born out of wedlock only have a family relationship with their mother and her mother's family. In Article 186 of the Compilation of Islamic Law, children born outside of marriage only have an inheritance relationship with their mother and their mother's family. whereas in the Civil Code, a child born outside of a legal marriage has no civil relationship with his parents, unless there is a confession made by his biological parents. Keywords: Children; Compilation; Illegitimate Inheritance; Islamic.]]>
<![CDATA[The Effectiveness of the Implementation of Supervision of the Regional Supervisory Council (MPD) on the Implementation of Notary Positions ]]>
<![CDATA[Habsari, Milenia Ayu]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research aims to determine and analyze the effectiveness of the implementation of supervision by the regional supervisory council (MPD) on the implementation of notary positions in Semarang district. The method used in this research is a qualitative approach, because problems related to humans fundamentally depend on observation. The qualitative approach is an approach where there is an event where the researcher becomes the key instrument in the research which is carried out completely on the research subject, then the results of this approach are described in the form of words written on the empirical data that has been obtained. The type of data used in this research is primary and secondary data. The type of primary data isdata in the form of information in oral form obtained directly by researchers through original sources. The primary data used is:The 1945 Constitution of the Republic of Indonesia, the Civil Code, Law Number 2 of 2004 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries.Meanwhile, secondary data is written dataSome of the secondary data used in writing this thesis include: Results of Scientific Work of Scholars, Legal Journals, Research Results of Tertiary Legal Materials: Legal Dictionaries, Encyclopedias, Print and Electronic Media. The results of the research are that at the level of correct legal rules, the Regional Supervisory Council (MPD) must place the Notary's deed as an object, because the Notary in carrying out his official duties is related to making legal documents, in the form of a deed as written evidence which is within the scope of civil law. so that placing a deed as an object must be assessed based on the legal rules relating to the making of the deed, and if it is proven that there is a violation, sanctions will be imposed as stated in Articles 84 and 85 UUJN. Keywords: Council; Effectiveness; Regional; Supervisory.]]>
<![CDATA[The Legal Protection for Instrumental Witnesses in Notarial Deeds ]]>
<![CDATA[Saputra, Azrul]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Protection of Instrumental Witnesses in Notarial deeds has not been specifically regulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries. If it is related to the investigation process regarding a Notarial deed related to a legal case, the Instrumental Witness or witness in the notarial deed will be involved in the investigation process and will be summoned as a witness for questioning. The aim of this research is to find out and analyze the legal protection of witnesses in notarial deeds and also to find out and analyze the role of witnesses in notarial deeds. The method that will be used in this research is a normative juridical research method, which is a way to obtain data from library materials, especially those related to legal issues. This means that the research will discuss normative provisions relating to the protection of witnesses and the notarial sector using the legal and regulatory approach that applies in Indonesia. Protection of Instrumental Witnesses in Notarial deeds has not been specifically regulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries. However, in general, Law Number 13 of 2006 concerning Protection of Witnesses and Victims provides legal protection for witnesses, including instrumental witnesses. Especially protection in providing testimony at trials related to criminal cases, such as protection for providing information without pressure, the right to receive legal advice, and other general matters. Keywords: Legal; Instrumental; Protection; Witness.]]>
<![CDATA[Legal Aspects of the Notary's Role in Protecting Parties from Substantial Errors in Making Authentic Deeds ]]>
<![CDATA[Fadhliana, Shella]]>;
<![CDATA[Hadi Prayitno, Ahmad]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[A notary is a public official who is appointed by the Government and then given the authority to serve the public in carrying out agreements and making and validating authentic deeds in a professional manner before the parties. However, if a Notary makes a writing error in an authentic deed, there will be a change in the meaning of the substance of the deed so that it becomes a source of lawsuits in the future by the parties who feel aggrieved. The method in this research is normative juridical. Juridical approach to law is seen as a norm called das sollen, because in this study it uses written legal materials in the form of a statute. The normative approach which analyzes the problem using legal materials with data obtained comes from document studies in the form of decisions and several scientific journals to analyze legal aspects and responsibilities of the role of a notary in protecting the parties for substantive errors in making authentic deeds. The research results obtained are: Notary formal aspects regarding criminal cases when making a letter that is not in accordance with legal actions, and using fake or falsified letters a Notary can be entangled in criminal law in Article 263 paragraph (1) and paragraph (2 ) of the Criminal Code . Responsibility is an obligation for public officials for authentic deeds made before the parties as regulated by Law Number 02 of 2014 concerning Notary Officer and using fake or falsified letters a Notary can be entangled in criminal law in Article 263 paragraph (1) and paragraph (2) of the Criminal Code. Responsibility is an obligation for public officials for authentic deeds made before the parties as regulated by Law Number 02 of 2014 concerning Notary Offices and using fake or falsified letters a Notary can be entangled in criminal law in Article 263 paragraph (1) and paragraph (2) of the Criminal Code. Responsibility is an obligation for public officials for authentic deeds made before the parties as regulated by Law Number 02 of 2014 concerning Notary Offices. Keywords: Authentic; Mistakes; Parties; Protection; Substance.]]>
<![CDATA[The Juridical Study of the Position of Joint Property Due to Divorce According to the Law on Marriage ]]>
<![CDATA[Khairi, Musthafa]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research aims to find out and analyze the evidentiary process and the basic legal considerations used by judges for the distribution of mutually exclusive assets and to understand the legal consequences of dividing mutually exclusive assets for husband and wife resulting from a divorce at the Kendal Religious Court. The research approach used in this thesis is a sociological juridical legal research method. This research uses primary data sources and secondary data sources and then the data is analyzed qualitatively. The type of data used in this research is primary data which includes the 1945 Constitution; Law Number 16 of 2019 concerning amendments, as well as secondary data containing books and other supporting documents. Collecting research data using interview techniques and studying documents or library materials. The data analysis method used in analyzing the data is qualitative analysis. The research results show that the evidentiary process and basic considerations in decisions on joint property cases start from the examination stages, the judge's considerations in his decision are based on evidence. The division of joint assets is carried out in accordance with the provisions of the applicable law. The judge's decision regarding the distribution of joint assets as a result of divorce is in accordance with the applicable rules or regulations. Judging from the applicable legislation, Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage and KHI is appropriate, namely that joint assets are divided between the plaintiff and the defendant so that each gets ½ of the joint assets. Keywords: Marriage, Divorce and Gono-Gini's Assets)]]>
<![CDATA[Roles and Responsibilities of Notaries in Making Certificates of Inheritance Rights for the Disbursement of Time Deposit Savings Funds by Heirs ]]>
<![CDATA[Yanita, Novinia]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This writing aims to find out and analyze the role and responsibilities of Notaries in making certificates of inheritance rights for the disbursement of time deposit savings funds by heirs, the obstacles and ways to overcome obstacles faced by Notaries in making certificates of inheritance rights for disbursement of time deposit savings funds by heirs, and a sample deed of certificate of inheritance rights for the disbursement of time deposit savings funds by the heirs. This research uses empirical legal research. In this research, the object of study is sociological juridical legal research. The analytical knife in this writing uses the theory of legal responsibility and the theory of legal certainty. The results of the research show that the role of a notary in making a certificate of inheritance rights for the disbursement of time deposit savings funds by the heirs is to carry out a certificate of inheritance rights according to procedures. Notary responsibilities include the Notary's civil responsibilities regarding the material truth of the Deed he or she makes, in the construction of an unlawful act. The obstacles faced by notaries include legal substance, legal structure and legal culture. The way to overcome the obstacles that occur is that the Notary as the letter maker is more careful, the Notary needs to know and understand all the provisions that apply to certificates of inheritance rights in Indonesia. Keywords: Certificate; Deposit; Inheritance; Time.]]>
<![CDATA[The Legal Protection for Notary Employees as Witnesses in Making and Inaugurating Deeds ]]>
<![CDATA[Nadiyon, Nadiyon]]>;
<![CDATA[Gunarto, Gunarto]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[This research aims to find out and analyze the position of notary witnesses in making deeds and how legal protection is for notary employees as witnesses in making and formalizing deeds. This research uses normative juridical research methods. The results of the research conclude that the position of instrumental witness plays a role in witnessing 2 (two) important stages in making a deed, namely the process of reading and signing (validating or formalizing) the deed and legal protection for notary employees as witnesses in making and formalizing the deed. Legal protection is found in the Law. Law of the Republic of Indonesia Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. Keywords: Employees; Instrumental; Protection; Witnesses.]]>
<![CDATA[Juridical Analysis of the Implementation of Land Mafia Eradication ]]>
<![CDATA[Majid, Abdul]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Land mafia is a serious problem that can harm society and the country. As a serious problem, the law, which is a state instrument in national land planning which is mandated to be able to eradicate the land mafia, has not been implemented optimally. This is proven by the increasing number of land mafia cases, including in the Indramayu Regency area. This paper uses a type of sociological or empirical legal research method which includes legal identification and legal effectiveness. Empirical legal research is legal research in which data is obtained through primary legal data or data obtained directly in society. Keywords: Eradication; Juridical; Land; Mafia.]]>
