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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 30 Documents
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Search results for , issue "Vol 1, No 3 (2023): September 2023" : 30 Documents clear
Juridical Review of Absentee Ownership of Agricultural Land Rights through Inheritance Based on Basic Agrarian Law Taufiq, Luthfi Nurahmad; Sri Darmadi, Nanang
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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Abstract

Absentee land ownership can create legal uncertainty and risks for parties involved in using the land, such as tenants, cultivators, or parties who have other interests in the land. Thus, this research aims to determine and analyze the legal status of heritage objects in the form of absentee land, and legal protection for heirs who receive rights to absentee land. The research method used is normative juridical with a statutory approach and a conceptual approach. The type of data used is secondary data sourced from primary and secondary legal materials. Data collection method using literature study. The data analysis method uses perspective analysis. The results of the research conclude that the legal status of the inheritance object in the form of absentee land, if a legal event occurs which causes the transfer of ownership rights to the land is an inheritance process. This inheritance event causes absentee ownership of land. According to the law, absentee land ownership is clearly prohibited, but what is prohibited is absentee land ownership, isn't it? Therefore, when the heir is truly a legal heir according to law, the heir can receive the rights to the inheritance given by the heir, thus the heir can still receive the inheritance in the form of agricultural land even though the heir lives in outside the sub-district that borders the location of the land. Legal protection for heirs who have rights to absentee land according to the law is that when the heirs can cultivate and work on the agricultural land efficiently without using extortion methods, then the heirs can still have rights to the land by moving to the location of the agricultural land that the heir owns. Keywords: Absentee; Heirs; Inheritance; Land; Protection.
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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Abstract

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.
The Notary's Responsibility for Legalization of Letters Underhand Based on Basic Legal Values Octaviani, Sri Ayuning Triana Rizqi; Hafidz, Jawade
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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Abstract

This research aims to determine and analyze the responsibility of Notaries for the legalization of private documents based on basic legal values and the legal consequences of private letters that have received Notarial legalization. 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 the community, examining the effectiveness of a Ministerial Regulation and research that seeks to find relationships (correlations) between various symptoms or variables. Based on research, it can be concluded that the Notary's responsibility for the veracity of the legalized private letter is the certainty of the signature, meaning that it is certain that the person signing the signature is indeed the party in the private letter, not someone else. The legal consequences of a private letter that has received legalization from a Notary can be more helpful for the judge in terms of proof because by acknowledging the signature, the contents of the letter are considered to be an agreement between the parties because the truth of a private letter lies in the signatures of the parties, so the signature of the letter is acknowledged. This is perfect proof. Keywords: Accountability; Legalization; Notary Public; Underhand.
The Role of the Land Office in Efforts to Increase Public Awareness Regarding Complete Systematic Land Registration Agustin, Vany; Hadi Prayitno, Ahmad
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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Abstract

This research aims to find out and analyze the implementation of complete systematic land registration in Cirebon Regency, to find out and analyze the role of the land office in efforts to increase public awareness regarding complete systematic land registration in Cirebon Regency, and to find out and analyze obstacles and solutions in efforts to increase public awareness regarding complete systematic land registration. The research approach used in this thesis is an empirical juridical legal research method. This research specification uses descriptive analysis. The type of data used in this research is primary data through field studies in the form of practical experience and opinions of research subjects about everything related to this research. 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 there is still a high number of people who have not registered their land. Efforts that ATR/BPN can make at the Cirebon Regency Land Office in implementing the Complete Systematic Land Registration Program are to collaborate with the community in speeding up the Complete Systematic Land Registration program. It is hoped that for future PTSL activities, they will carry out comprehensive outreach activities and explain them in detail and clearly so that public awareness can be created to register their land through PTSL activities. Keywords: Certificate; Community; Land.
The Role and Legal Position of a Notary in the Process of Making a Deed of Change in Management of a Limited Liability Company (CV) Due to Death Maulidya, Ainun
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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Abstract

A Limited Liability Company can remain in existence, either with the participation of the heirs of the deceased members, or only between the remaining members as long as these conditions have been agreed upon in advance by including them in the articles of association of the CV. This writing aims to determine and analyze the role and legal position of the Notary in making a deed of change in management of a limited partnership company (CV) due to death, the legal position of the deed clauses made by a Notary in making a deed of change in management of a limited partnership company (CV) because of death. The approach method used in this research is a sociological juridical approach, meaning research carried out on the real conditions of society or the community environment with the aim and purpose of finding facts which then lead to identification and ultimately lead to problem solving. The analytical knife in this writing uses the theory of authority and the theory of legal certainty. The results of this research show that the procedure for changing the CV management company by a successor is that there must be provisions confirming the ability to continue the CV must be clearly stated in the CV's articles of association agreement, after which all deeds are registered and announced in the Supplement to the State Gazette. The position of the clause on changing the managing partner from the notary to the heirs is to explain and strengthen the position of the heirs as managing partners. Even though the deed of establishment of CV does not contain a clause on changing the heirs of the management company, the process of changing heirs is still ongoing. Keywords: Company; Dies; Liability; Notary.
The Role of the Notary in Making the Deed of Establishment of Savings and Loans Cooperative Dimas, M.
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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Abstract

Cooperative legal entities in practice cannot be denied that these legal entities have cases that can harm the Cooperative in question, where the problem lies in the result of committing a form of negligence and even intentional perpetration by the founders of the Cooperative. On a scientific basis, writing is motivated to carry out a scientific study in the form of systematic and fundamental research with the title "The Role of Notaries in Making Deeds of Establishment of Savings and Loans Cooperatives (Case Study in Pekalongan Regency)". The research method that used in this study is the empirical juridical approach, which is a study that besides looking at the positive legal aspects also looks at its application or practice in the field in the form of interviews or photographs, interest and costs as a result of mistakes or negligence in making cooperative decisions. Keywords: Cooperative; Deed; Loans; Savings.
Legal Position of Foreign Citizens Regarding Ownership of Land Ownership Rights by Inheritance Based on Notarial Deeds Kasih, Chintya Cinta; Suwondo, Denny; Hafidz, Jawade
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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Abstract

This research aims tounderstand and analyze the legal position of foreign citizens regarding the ownership of land ownership rights by inheritance based on a notarial deed, as well as analyze the form of notary responsibility for the transfer of ownership rights to land by inheritance to foreign citizens based on the deed he madeThe research method used is ynormative uridis with analytical descriptive research specifications. DThe data required includes primary data and secondary data using data collection techniquesdocumentation or literature study is then analyzed using qualitative approach.Based on the research results, it shows that kThe legal position of foreign citizens regarding indirect ownership of land with a notarial deed is that a person's civil rights to inheritance cannot be lost except due to actions that are detrimental to the inheritance of the heir (the person who died) as regulated in Article 838, Article 839, 832 and 852 of the Civil Code. The form of notary responsibility for the indirect transfer of land ownership rights to foreign citizens is that the notary, in carrying out his profession in providing services to the public, must act in accordance with applicable laws and regulations and the notary's code of ethics to guarantee the truth of his actions. Keywords: Citizens; Foreign; Heirs; Land; Property; Rights.
Policy for Setting Maximum Limits for Individual Ownership of Non-Agricultural Property Rights Based on Justice Values Rachmandhani, Afrizal Yannuar
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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Abstract

This research aims to determine and analyze the application of the maximum limit of individual ownership of non-agricultural land ownership rights in Subang Regency, based on the value of justice, and to find out and analyze the monitoring efforts carried out by the National Land Agency regarding the maximum limit of non-agricultural land ownership rights in Subang Regency National Land Agency Office. The research approach method used in the thesis is a sociological juridical approach. Specifications This research uses analytical descriptive research. The type and data used in this research are primary data which includes the 1945 Constitution; Act No. 5 of 1960 concerning Basic Regulations on Agrarian Principles; Civil Code Law. As well as secondary data containing books and other supporting documents. Data collection using interview techniques and study of documents or library materials. The data analysis method used in analyzing data is data triangulation. Sugiyono stated that data triangulation is defined as a data collection technique and existing data sources. Keywords: Justice; Limits; Maximum; Policies; Values.
Notary's Responsibility for Falsifying the Identity of the Parties in Making the Deed of Foundation Establishment Anjarsari, Ajeng
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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Abstract

An authentic deed essentially contains formal truth in accordance with what the parties told the Notary. However, the notary has the obligation to ensure that what is contained in the notarial deed is truly understood and in accordance with the wishes of the parties, namely by reading it so that the contents of the notarial deed become clear. Notaries as public officials are required to be responsible for the authentic deed that they have made. If the authentic deed that they have made occurs after a legal dispute occurs, then this can be questioned, whether the authentic deed was the Notary's mistake, or whether there was an agreement that was made between the Notary and one of them. Formulation of the problem What is the Notary's responsibility in making a deed that contains elements of falsifying the identities of the parties? The research method used is a legislative approach, namely legal research carried out by prioritizing research on library materials or also called secondary materials, in the form of normative law and how to implement it in practice by supported by data, a-data, used in order to obtain materials for analysis related toNotary's responsibility in making foundation deeds for falsifying the identities of the parties. The theories used are the theory of responsibility and the theory of legal certainty. From the results of this research, the responsibility of a Notary in making a deed that contains elements of falsifying the identities of the parties, is that a Notary is responsible for the material truth of the authentic deed he or she makes, if the Notary concerned is involved in a criminal act of falsifying an authentic deed. Information submitted by a party whose material truth is highly doubtful. Notary's testimony regarding the substance of the deed, legal certainty regarding the foundation deed made by the Notary, there is falsification of the identities of the parties, so that the legal certainty of the parties is made by the Notary, there is falsification of the identities of the parties, so this legal certainty also has implications for the position of the deed in the future. Keywords: Documents; Fake; Notary; Protection.
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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Abstract

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.

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