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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 7 Documents
 1 
Search results for , issue "Vol 2, No 1 (2024): March 2024" : 7 Documents clear
Analysis of Legal Protection for Electronic-Based Land Certificate (E-Certificate) Holders in Land Law in Indonesia Lius, Muhammad Jeppry
TABELLIUS: Journal of Law Vol 2, No 1 (2024): March 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to identify, study and analyze legal protection for electronic-based land certificate holders in land law in Indonesia. Apart from that, this research also aims to identify, study and analyze the obstacles faced in efforts to protect the law, as well as finding solutions to deal with these obstacles. The method used is normative juridical legal research. The data used consists of primary data such as the 1945 Constitution, Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations, Law Number 11 of 2008 concerning Information and Electronic Transactions, Government Regulation Number 24 of 1997 concerning Land Registration, Regulations Government Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions, as well as secondary data which includes books and other supporting documents. Data collection was carried out through Document Study and Literature Study. Data analysis was carried out using qualitative descriptive methods. The research results show that legal protection for electronic-based land certificate holders does not cause problems, because the certificate is recognized as valid proof of ownership based on the Electronic Information and Transactions Law (UU ITE), especially regulated in Article 6. Its validity is also strengthened in Article 5 Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) Number 1 of 2021.
The Legal Protection for Buyers of Plots of Land with the Power to Sell in Demak Regency Dyawati, Elisya Triwi
TABELLIUS: Journal of Law Vol 2, No 1 (2024): March 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The public's interest in buying and selling land continues to grow because land is an economic factor that plays an important role and has strategic value. The basis of buying and selling land is that there is an agreement between the seller and the buyer, because the limited land population is not commensurate with the increasing population, business people find a new way of doing business by breaking up a plot of land called a plot of land and buying and selling it with a letter. power of attorney granted by the power of attorney as the owner of a plot of land. The aim of this research is to find out how the process of buying and selling plots of land using a power of attorney in Demak is and to find out the weaknesses of buying and selling plots of land using a power of attorney in Demak. This research method cannot be separated from the aim of directing problem solving using an empirical juridical approach method. The research approach is used to look at events or happenings in a society using descriptive research specifications so that in this research it describes, describes or describes an incident of buyer protection through a power of attorney to sell in land buying and selling of plots of land, using data in the form of interview results. along with the application of legal provisions relating to buying and selling using a power of attorney to sell, namely in the Civil Code and Government Regulation Number 24 of 1997 concerning Land Registration. The results of the research obtained are how the buyer's protection through a power of attorney to sell in land sale and purchase transactions always includes the PPAT in accordance with Article 1 point 24 of PP No. 24 of 1997, apart from making deeds related to land, then it can be used as a consultation with the buyer regarding the validity of the status. land along with a power of attorney to sell. The power of attorney to sell can then be examined first regarding the substance in the form of clauses stipulated by the power of attorney and then in a notarial deed at the notary, because the weakness of the power of attorney is seen in the substance of the power of attorney itself so that it can give rise to a dispute over land.
The Juridical Implications for the Implementation of Therapeutic Agreements Between Hospitals and Patients in the Concept of Legal Certainty Ginsyah, Ginsyah
TABELLIUS: Journal of Law Vol 2, No 1 (2024): March 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A doctor is someone who is an expert in disease and treatment and can provide health services to patients. For this reason, patients can contact doctors through medical centers, hospitals and independent practice doctors. In health services between doctors and patients, there is an oral agreement called a therapeutic agreement as a source of legal relations and in writing it regulates in detail and systematically the legal relationship that arises between doctors and patients in therapeutic agreements, the implementation of therapeutic agreements between independent practicing doctors and patients, and responsibilities. the doctor's law against the patient in the implementation of the therapeutic agreement. This research is sociological juridical legal research which is supported by empirical research with descriptive research type. The problem approach used is a qualitative approach. The results of the research and discussion show that the legal relationship between independent practicing doctors and patients is a contractual relationship which in the field of health services is known as a therapeutic agreement between the patient and the hospital. A therapeutic agreement is an agreement to perform certain services (Article 1601 of the Civil Code) and is a type of inspanningverbintenis agreement. namely an agreement based on the doctor's maximum efforts to cure the patient's illness. This relationship is binding because there are rights and obligations of the doctor and patient which are realized in the implementation of the therapeutic agreement. The therapeutic agreement begins when the patient comes to the doctor's office. The patient can be held responsible for the doctor's actions that cause harm to the patient. This liability can be in the form of responsibility due to breach of contract or responsibility due to unlawful acts.
Problems with the Implementation of Cyber Notary in Carrying Out the Duties of Notary Positions in Indonesia Sujanoko, Guntur
TABELLIUS: Journal of Law Vol 2, No 1 (2024): March 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims to analyze: 1) The effectiveness of the application of cyber notary in carrying out the duties of a notary position, namely that the application of notary authority can be completed quite quickly and saves time, the application of transactions, namely the preparation of deeds or agreements is limited to electronic documents but all parties can carry out business transactions, avoiding their issuance. costs because there are no transportation obstacles and costs can be calculated, or something crucial related to public services can be provided more effectively and efficiently than through traditional services. When you prepare the deed electronically, you can avoid incurring costs. The notary and presenter meet via electronic video conference, the notary and presenter are limited to seeing a computer at their place without having to pay any expenses to travel. This usually has an impact on the efficiency of the time required, through digitalization changes, everything can be maximized and save time. 2) Legal certainty of notarial deeds based on cyber notary, namely legal certainty can be achieved if there are no conflicting provisions between one law and another.  Providing Notary services that utilize technological advances in making authentic Deeds in cyberspace (Cyber notary) is possible for Notaries in Indonesia based on the Elucidation of Article 15 Paragraph (3) of the new UUJN, however the implementation of Cyber notary is still in conflict with the existing Law. one with another so that it does not provide a guarantee of legal certainty. Notarial Deeds made electronically (Cyber notary) do not yet have legal certainty because there is no harmonization of regulations related to the authority of Notaries in making Deeds electronically as stated in the UUJN in conjunction with the new UUJN and the ITE Law. This is what makes Notaries afraid to provide services that utilize technological advances in making authentic Deeds in cyberspace (Cyber notary).
The Sanctions for Cancellation of Land Sale and Purchase Deeds Made in the Presence of Land Deed Making Officials in West Manggarai Regency Fathullah, Rafli Ilham
TABELLIUS: Journal of Law Vol 2, No 1 (2024): March 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The Deed of Sale and Purchase is an authentic Deed as the strongest evidence which has an important role in every legal relationship in people's lives which can clearly determine rights and obligations so as to guarantee legal certainty and at the same time avoid disputes. If a dispute occurs such as cancellation of an authentic deed. Authentic deed is the strongest piece of evidence and has perfect evidentiary power in court. This research aims to find out and analyze: 1) To find out and analyze what is the basis for Cancellation of a Land Sale and Purchase Deed made before a Land Deed Official in West Manggarai Regency Based on Supreme Court Decision No.9/Pdt.G/2018/PN Lbj; 2) To find out and analyze the position and legal consequences of canceling a land sale and purchase deed made before a land deed official in West Manggarai Regency based on Supreme Court Decision No.9/Pdt.G/2018/PN Lbj. The conclusions of the research results are: 1) The basis for the cancellation of the Land Sale and Purchase Deed made in the presence of the Land Deed Making Official in West Manggarai Regency stated that Defendant I had committed an act of fraud/deceit in making the Sale and Purchase Deed 39/2015, stated that the Sale and Purchase Deed Number: 39/2015, is invalid and has no legal force; 2) Position and Legal Consequences of Cancellation of the Land Sale and Purchase Deed made before the Land Deed Official in West Manggarai Regency declares that the land sale and purchase is void and the land is immediately transferred to the PLAINTIFF's name.
The Role of Notaries in Implementing the Principle of Beneficial Ownership of Corporations in Order to Prevent Crimes of Money Laundering and Terrorism Financing Wijayanti, Nurlita
TABELLIUS: Journal of Law Vol 2, No 1 (2024): March 2024
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 in depth the implementation of the principle of beneficial ownership by corporations to prevent criminal acts of money laundering and terrorism financing as well as the effects on Notaries and the role of Notaries in Implementing the Principle of Recognizing Beneficial Owners and the role of Notaries in preventing criminal acts of money laundering and terrorism financing. The approach method used by researchers in this thesis is a qualitative approach method. The type of research used by the author in his thesis is empirical legal research. Types and Sources of Data used are primary data sources and secondary data sources. Data collection methods are descriptive, namely interviews and observations. Data Analysis Method The research conducted by the author is descriptive. The results of the research and discussion show that: First, the government's implementation of corporate transparency is by uncovering the principle of beneficial ownership by blocking corporate access to OSS and SABH so that corporations will have difficulty in running their business so that the Notary is the party who has the authority to unblock the block.  Second, the role played by a Notary means something that is carried out related to the Notary's duties or obligations in carrying out his work. The role of the Notary in preventing TTPU and Terrorist Financing by revealing beneficial owners in order to minimize the establishment of corporations that aim to commit these crimes by obtaining information regarding beneficial owners, Submitting information related to beneficial owners, Arranging documents related to beneficial owners.
The Strength of Notarial Deed Proof as Evidence in the Civil Court Process Demak, Astri Angreani Kiyai
TABELLIUS: Journal of Law Vol 2, No 1 (2024): March 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The judiciary has a very important position and role in accepting, adjudicating and deciding every case submitted to it. When deciding a civil case, the court must pay attention to the evidence presented by the parties. An authentic notary deed is perfect evidence and can be used as evidence in court. The aim of this research is to determine and analyze the evidentiary strength of notarial deeds canceled by the Court in the civil justice process, as well as to determine and analyze the responsibilities of notaries as public officials due to the cancellation of deeds by the Court. The method used by researchers is normative juridical with a statutory approach. The specifications of this research are prescriptive. The type of data used is secondary data sourced from materials obtained from literature studies. Based on the results of the research, 1) a Notarial Deed is an authentic deed, where as written evidence it has a high position in evidence, that is, it has perfect evidentiary power and is binding like a judge's decision. So there is no need to create or supplement other evidence. If a party denies it, that party must prove their statement in accordance with applicable legal regulations. If it can be proven in a court that one or all of the evidence is external, formal or material, the evidentiary strength of the notarial deed is degraded as a private deed. 2) The notary as an official who has the authority to make authentic deeds is fully responsible if the deed he makes is detrimental to clients/people using notary services. In the event that a Notary's deed is annulled by a judge's decision in court, then if it causes losses to interested parties, the Notary can be required to provide compensation, as long as this occurs due to the Notary's fault. The Law on Notary Positions (UUJN) has determined that only notarial deeds that are proven to have degraded in evidentiary value as private deeds can be subject to civil sanctions. For notarial deeds that are cancelled, notarial deeds that can be cancelled, notarial deeds that are null and void by law, notarial deeds that do not have binding legal force and invalid notarial deeds, there are no sanctions whatsoever against the Notary.

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