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 12 Documents
 1   2 
Search results for , issue "Vol 2, No 2 (2024): June 2024" : 12 Documents clear
Position of Eigendom Verponding after the Birth of the Basic Agrarian Law (Case Study of Dago Elos Supreme Court Decision Number 109PK/PDT/2022) Gandawati, Dyah Ayu
TABELLIUS: Journal of Law Vol 2, No 2 (2024): June 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

Eigendom verponding is a product of land law from the Dutch East Indies era which is no longer valid after the birth of the national land law in 1960. Eigendom owners are required to carry out the conversion no later than September 24, 1980. However, the Supreme Court created its own law which is contrary to the spirit of agrarian reform. This type of research is a normative research that is prescriptive in nature. The data source in this study is secondary data obtained through literature studies. The results of the study show that the position of eigendom verponding is recognized as one of the land rights born from Dutch East Indies law and must be converted no later than September 24, 1980. Then the Government Regulation of 1997 and amended in 2021, conversion can still be carried out as long as it has been proven that there is physical control over the land by the former holder of the western land rights. The problem of converting eigendom verponding into ownership rights can be seen in the case of Heri Hermawan Muller et al. and PT. Dago Intigraha vs. Didi E. Koswara et al., and the Head of the Bandung City Land Office. The eigendom verponding land was not physically controlled by the former land rights holder, even though houses, post offices, and bus terminals had been built on the land. However, the Supreme Court decided that the land rights were still given to the holder of the western land rights.
Cyber ​​Notary Problems in Legal Reform in Indonesia Sujiati, Ani Eva
TABELLIUS: Journal of Law Vol 2, No 2 (2024): June 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

Cyber Notary is a concept of using digital technology that is expected to bring great benefits to the legal system and society in Indonesia. Along with the development of digital technology, this concept is proposed as a solution to improve efficiency and security in notary services. Cyber notary allows the process of document validation and electronic signing to be carried out online, utilizing technologies such as blockchain and digital signatures. However, its implementation still faces various challenges. One of the main problems is the lack of comprehensive and specific regulations governing the use of digital technology in notary practice. In addition, concerns about the security and privacy of electronic data are serious obstacles. Cyber attacks and the risk of electronic document forgery require a stronger and more sophisticated security mechanism. In addition, in remote areas that still experience limited internet access. The lack of understanding and technical expertise among notaries who are technologically literate also hinders the adoption of cyber notary. These factors emphasize the need for capacity building and training for notaries to adapt digital technology in cyber notary practices. This study uses normative legal research with a statute approach that examines regulations and laws relating to legal issues regarding cyber notary. This study examines the implementation and challenges faced in implementing the concept of "cyber notary" in Indonesia, noting the need for revision and development of more specific regulations and collaborative efforts between the government, technology providers, and notary associations to overcome these challenges. With the right steps, the implementation of cyber notary in Indonesia can increase efficiency and trust in notary services in the digital era.
Problems with Determining the Location of Land Objects Which Result in Differences in the Coordinate Points of Land Objects Listed on Land Certificates in Kendal Regency Wahaningrum, Inti Rizki
TABELLIUS: Journal of Law Vol 2, No 2 (2024): June 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

Land ownership should be registered in order to obtain a certificate of proof of rights which can provide certainty and legal protection for the owner. Problems with the location of land objects being different from the coordinates stated on the certificate are caused by procedural errors in data collection, natural events and limitations in the level of accuracy of tools for taking coordinates. The solution to the problem of discrepancies in the location of land objects with the coordinates stated on the Certificate is through an objection mechanism by interested parties, which will then be re-examined on the land object and clarification will then be made to make a report on the correction. When the Certificate has been issued, the old certificate will be withdrawn and canceled and a new certificate issued.
Implementation of Notary Code of Ethics in an Effort to Uphold the Position of Notary in Grobogan Regency Dyantama, Giovanni Resha
TABELLIUS: Journal of Law Vol 2, No 2 (2024): June 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

A Notary is not free from sanctions if they violate the applicable laws and regulations. When a Notary in carrying out his duties and positions is proven to have committed a violation, the Notary can be subject to or sentenced to sanctions in the form of civil, administrative, and Notary code of ethics and even criminal sanctions. The purpose of this study is to determine and analyze the role of the notary code of ethics in an effort to uphold the position of notary in Grobogan Regency and to determine and analyze what obstacles and solutions are faced by notaries in implementing the notary code of ethics in Grobogan Regency. The type of research used is empirical law. The approach method used in this legal research is the Statute Approach. The type of data uses primary data obtained from literature studies. The data analysis method used in this study is descriptive analytical. The problems of this study were studied using Role Theory, Legal Certainty Theory, and Legal Effectiveness Theory. Based on the conclusion of the research results, the role of the notary code of ethics in an effort to uphold the position of notary in Grobogan Regency is that the role of the notary profession is very important in legal traffic, especially in the field of civil law, along with the development of the era that requires anyone including notaries to develop themselves by being creative and innovative by using existing technology. Government policy in terms of integrated service processes is something that needs to be fully supported by the notary profession, in order to create a simple, fast, easy and cheap business process. The obstacles and solutions faced by notaries in implementing the notary code of ethics in Grobogan Regency are in the process of resolving violations of the notary code of ethics in Grobogan Regency, namely the very large number of notaries, with a wide working area, lack of awareness of notaries to comply with the code of ethics, and the provisions obtained by notaries are not sufficient during education, and there is still overlapping of the provisions for supervising the code of ethics between the Honorary Council and the Notary Supervisory Board. Meanwhile, for the Supervisory Board, namely the unavailability of a representative secretariat, lack of budget funds to carry out optimal supervision and coaching, lack of government attention/concern, and weak morals/behavior of Notaries in implementing the UUJN and the Notary Code of Ethics.
Legal Protection for Buyers in Land Sale and Purchase Agreements Underhand Where the Seller Commits Default During the Certificate Transfer Process Abdulah, Taufik
TABELLIUS: Journal of Law Vol 2, No 2 (2024): June 2024
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 this study is to determine and analyze legal protection for buyers in land sale and purchase agreements underhand where the seller commits default during the certificate transfer process. To determine and analyze the obstacles for buyers in land sale and purchase agreements underhand where the seller commits default during the certificate transfer process and their solutions. The approach method used by the researcher is the case approach and the statutory regulatory approach. The type of research used is normative law. The data sources in this study are secondary data obtained from literature studies. Based on the results of the study, Legal Protection for Buyers in Land Sale and Purchase Agreements Underhand Where the Seller Commits Default During the Certificate Transfer Process. Repressively, namely with evidence of the agreement. This is regulated in Article 1866 of the Civil Code, and is emphasized in Article 1874 of the Civil Code which states that evidence can be a writing made underhand. Regarding the problem of buying and selling land underhand, a settlement can be made through litigation or non-litigation. Preventively, protection for buyers in implementing a land sale and purchase agreement is carried out with requirements and requests for irrevocable power of attorney. The obstacle is because when the buyer wants to carry out the name change process and look for the seller, it turns out that he is not found at his residence. The solution is, because the seller's whereabouts are not found, the buyer decides to file a lawsuit in the District Court.
Comparison of Laws on Inheritance Rights of Children Born Outside of Marriage According to the Compilation of Islamic Law and the Civil Code Samudra, Fatkhurrahman Surya
TABELLIUS: Journal of Law Vol 2, No 2 (2024): June 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

Pembagian hak waris di Indonesia khususnya untuk anak yang dilahirkan diluar nikah, menjadi suatu persoalan yang harus diselesaikan sesuai dengan aturan hukum waris Indonesia. Anak luar nikah sering kali menjadi subjek yang disalahkan dan tidak diakui oleh keluarga dari ayahnya maupun ayahnya itu sendiri. Anak luar nikah juga memiliki hak untuk mendapatkan bagian waris dari ayah kandungnya. Tujuan dalam penelitian ini adalah untuk menganalisis: 1) Untuk mengetahui dan menganalisis ketentuan hukum tentang hak waris anak luar nikah menurut Kompilasi Hukum Islam dengan Kitab Undang-undang  Hukum Perdata. 2) Untuk mengetahui dan menganalisis persamaan dan perbedaan ketentuan hukum tentang hak waris anak luar nikah menurut Kompilasi Hukum Islam dengan Kitab Undang-undang  Hukum Perdata. Jenis penelitian yang digunakan yaitu menggunakan metode penelitian yuridis normatif. Metode pendekatan yang dipergunakan dalam penelitian ini adalah metode pendekatan perundang-undangan. Jenis data menggunakan data sekunder yang diperoleh dari bahan hukum primer dan bahan hukum sekunder. Teknik pengumpulan data dalam penelitian ini adalah studi kepustakaan. Teknik analisis data dalam penelitian ini adalah deskriptif analitis. Hasil penelitian disimpulkan : 1) anak luar nikah adalah anak yang lahir diluar pernikahan yang hanya memiliki hubungan perdata dengan ibu dan keluarga ibunya saja. Dijelaskan dalam KHI bahwa anak yang lahir di luar perkawinan hanya mempunyai huhungan sating mewaris dengan ibunya dan keluarga dari pihak ibunya. Namun di dalam Kitab Undang-undang Hukum Perdata terdapat pengakuan anak, anak yang diakui dapat memiliki hubungan perdata dengan ayah biologisnya dan berhak untuk mewarisi harta peninggalannya. 2) Persamaan dan perbedaan bahwa anak luar nikah menurut Kompilasi Hukum Islam maupun Kitab Undang-undang Hukum Perdata memiliki pengertian dan hak yang sama yaitu anak luar nikah adalah anak yang lahir diluar pernikahan yang hanya memiliki hubungan perdata dengan ibu dan keluarga ibunya saja. Namun di dalam Kitab Undang-undang Hukum Perdata terdapat pengakuan anak, dimana anak yang diakui dapat memiliki hubungan perdata dengan ayah biologisnya dan berhak untuk mewarisi harta peninggalannya.
Legal Protection for Communities with Rights to Customary Land (Case Study of Decision Number 2087 K/Pdt/2012) Al Kholis, Fikri
TABELLIUS: Journal of Law Vol 2, No 2 (2024): June 2024
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 examines legal protection for communities with rights to customary land through a case study of Decision Number 2087 K/Pdt/2012. Customary land disputes are complex issues and often cause prolonged conflict in Indonesia. This study aims to evaluate the extent to which court decisions in the case reflect fair legal protection for indigenous communities and their implications for the recognition of customary land rights in Indonesia. This type of research is normative legal research using a normative juridical approach method. The data collection method for this research is a literature study that will be analyzed qualitatively by examining court decision documents, relevant laws and regulations, and related literature. The results of this study examine how Indonesian legal perspectives view the legal protection of customary land rights communities and reveal how the results of the settlement of customary land disputes in Decision Number 2087 K/Pdt/2012 are fair in accordance with applicable regulations, the legal system to ensure that the rights of indigenous peoples are recognized and protected fairly. In addition, this study uses the theory of legal protection and the theory of legal justice as analytical tools in rejecting data that aims to continue to contribute to efforts to improve legal protection for indigenous peoples and ensure the application of the principle of justice in the national legal system.
Legal Position of Eigendom Verponding Land Rights in the Indonesian Land System Edwiarka, Salvataro Djibran
TABELLIUS: Journal of Law Vol 2, No 2 (2024): June 2024
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 legal position of eigendom verponding land rights in the land system in Indonesia and to determine the mechanism for the transfer of eigendom verponding land rights to land ownership rights in the land system in Indonesia. The approach method used in this qualitative legal research is the sociological juridical approach method, which is an approach by seeking information through direct interviews with informants empirically first and then continued by conducting secondary data research found in literature studies through theoretical steps. Based on the results of the research conducted, it was found that the ownership of former eigendom verponding land in Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) and its implementing regulations, as well as Government Regulation Number 24 of 1997 concerning land registration states that the land is land controlled by the state with the legal status of state land, where former eigendom verponding is included in state land that is not free or cannot be owned by individuals and the eigendom verponding certificate is not valid proof of ownership. Then, as a result of the law on former eigendom verponding land that has not been converted, for the rights holder, the proof of ownership of the former eigendom verponding is considered invalid. Rights holders can still register land through applications and granting of land rights with the obligation of physical control. Applications submitted for land with state land status are no longer eigendom verponding. Physical control of land as a real relationship between the rights holder as the subject of land rights with his land in order to be able to register his land. Holders of former eigendom verponding rights who still fulfill the requirements as subjects of land rights can actively utilize their land.
Analysis of Notary's Responsibility as Land Deed Official for Collateral That Cannot Be Bound by Mortgage Rights (Study of Credit Agreement Number Xx Dated March 27, 2020 Between Mr. M and PT. BANK N Bawan Branch Office, Agam Regency Fiqri, Rizalul
TABELLIUS: Journal of Law Vol 2, No 2 (2024): June 2024
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 discusses the analysis of the responsibility of Notaries/PPAT SH for collateral that cannot be bound by mortgage rights, because the object of the mortgage right after the certificate is issued is designated as a protected forest area. Notaries/PPAT SH have issued a cover note for the collateral and have signed a deed of power of attorney to encumber the mortgage right. The research method used in this thesis is the normative juridical legal research method. This research approach uses a case approach. The types of data used in this study are primary data which include; Civil Code; Banking Law, Notary Law, Mortgage Law and secondary data containing books and other supporting documents. Data collection using interview techniques and document studies or library materials. Qualitative data analysis regarding the responsibility and legal consequences of the Notary's responsibility as PPAT for collateral that cannot be bound by mortgage rights. The results of the study include the cover note issued by the Notary/PPAT SH is not an authentic deed, but only a statement letter. Therefore, the form of responsibility in the form of moral sanctions in the form of the bank's distrust of the notary because the notary cannot complete what is contained in the cover note as expected. If the credit agreement is not fulfilled by Mr. M, then the results of the takeover of collateral or assets owned by Mr. M cannot be auctioned to pay off the debt because the position of PT. Bank N Branch Office of Bawan, Agam Regency is only as a concurrent creditor.
Implementation of the Principle of Freedom of Contract in Making Musyarakah and Ijarah Deeds Made by Notaries at Bank Muamalat Kendari Branch Saharia, Siti
TABELLIUS: Journal of Law Vol 2, No 2 (2024): June 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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

Abstract

The profit sharing portion is still regulated by Bank Muamalat Kendari Branch, even though in the provisions there are profit and loss sharing or revenue sharing methods are by mutual agreement. This is certainly contrary to the sharia principle, namely gharar which is uncertainty or not in accordance with the initial agreement. This results in carrying out business activities that are contrary to sharia principles being an act that is prohibited for Islamic Commercial Banks and Islamic Financing Banks. The formulation of the problem in this study is how is the application of the principle of freedom of contract in making musyarakah and ijarah at Bank Muamalat Kendari Branch? and how is the strength of the evidence of musyarakah and ijarah deeds made before a Notary? The aim of this research is to determine the application of the principle of freedom of contract in the profit sharing system in musyarakah and ijarah financing contracts at Bank Muamalat Kendari Branch and to find out and analyze the strength of proof of musyarakah and ijarah deeds made before a Notary Public.

Page 1 of 2 | Total Record : 12

 1   2 

Filter by Year

2024 2024


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