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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
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Search results for , issue "Vol 2, No 3 (2024): September 2024" : 9 Documents clear
Validity of Letter D in the Certificate Registration Processsystematic Land Ownership Rights in Kudus Regency Yustinov, Raras Laila
TABELLIUS: Journal of Law Vol 2, No 3 (2024): September 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The implementation of the Complete Systematic Land Registration Program encourages the role of the Regency / City Land Office not only as an institution that produces land title certificates, but also helps land owners to obtain proof of rights and empower land to improve welfare. Various problems also occur in land registration such as incorrect information provided by the applicant, incorrect information provided by the applicant due to the lack of proactivity of the community as applicants to come directly to the land office, asking what are the administrative requirements that must be prepared in the initial process of land registration.
Legal Analysis of The Cancellation of The Recording of Transfer of Ownership Rights to Land Based on The Deed of Grant in Central Java Santi, Santi
TABELLIUS: Journal of Law Vol 2, No 3 (2024): September 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study analyzes the cancellation of the recording of the transfer of land ownership rights based on the deed of gift with a focus on the Decree of the Head of the Regional Office of the National Land Agency of Central Java Province Number 02/Pbt/BPN-33/I/2024. The legal procedures followed and their legal impact on the related parties, both from a civil and agrarian law perspective, are the main focus. This study uses a normative legal approach with a case study method. The results of the study indicate that although the procedures are in accordance with applicable regulations, there are obstacles in their implementation, mainly due to the lack of public understanding of proper legal procedures and conflicts of interest between the parties involved. This study makes an important contribution to the development of agrarian law in Indonesia. The results of the study indicate that the procedures followed in the cancellation of the transfer of rights have been in accordance with applicable provisions, but there are several obstacles in its implementation. These obstacles include the lack of public understanding of the correct legal procedures and the existence of conflicts of interest between the parties involved.
Legal Certainty in the Implementation of Grant Land Deed to Grandchildren (Study of Decision Number: 357/PDT/2023/PT BDG.) Budiarto, Rio
TABELLIUS: Journal of Law Vol 2, No 3 (2024): September 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land is a natural resource that is important for human life, both as a place to live and as a source of economic welfare. In Indonesia, the strategic role of land is regulated in Article 33 paragraph (3) of the 1945 Constitution which emphasizes that natural resources are controlled by the state for the prosperity of the people. However, not all individuals, such as minors, are considered capable of carrying out legal acts related to land ownership. Grants, as one way of transferring land ownership, are regulated in Article 1666 of the Civil Code, which states that grants are free gifts made while the grantor is still alive and must go through a notarial deed. This study examines a land grant dispute case in Cirebon Regency, where land was granted to a minor but was later sued by his grandmother who claimed ownership of the land with evidence of a receipt. This study raises two problem formulations: (1) the considerations of the Panel of Judges in deciding on the grant of a land deed to a grandchild, and (2) legal provisions related to the status of minors as recipients of grants. The research method uses a normative legal approach with secondary data analysis involving primary, secondary, and tertiary legal materials. The results of the study indicate that the decision of the Bandung High Court to annul the decision of the Sumber District Court was correct, upholding legal certainty and justice. In addition, minors do not have full legal capacity to receive land grants directly, so they require the consent of a legal guardian or parent. This regulation aims to protect children's rights and ensure that land management is carried out properly in accordance with applicable legal principles.
Legal Protection for Buyers Who Have Good Faith in Full Payment of Land Rights Without Power of Attorney to Sell from the Perspective of Justice Siswanto, Moch. Agus
TABELLIUS: Journal of Law Vol 2, No 3 (2024): September 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Research by discussing the problem of how buyers with PPJB made underhand with full payment not followed by a power of attorney to sell get legal protection against the seller's refusal to appear before the PPAT and what legal steps can be taken by buyers in good faith PPJB made underhand with full payment without a power of attorney to sell for the seller's refusal to appear before the PPAT, with the method of statutory regulatory approach and conceptual approach, a conclusion was obtained: Buyers in good faith with PPJB made underhand with full payment without a power of attorney to sell get legal protection against the seller's refusal to appear before the PPAT, but the legal protection is not intended to appear before the PPAT to make a deed of transfer of rights, because in making a deed of transfer, the PPAT is obliged to request the presence of the parties in this case the seller and the buyer or their attorneys. Legal protection for the occurrence of a sale and purchase agreement as referred to in Article 1457 of the Civil Code, each party has reciprocal obligations or achievements, namely the seller promises to hand over the object agreed upon and the buyer has an obligation to pay the price of the goods. Legal efforts that can be taken by a buyer who has good intentions, the PPJB is made underhand with full payment not followed by a deed of power of attorney to sell due to the seller's refusal to appear before the PPAT, that the buyer in fighting for his rights to ownership of the object of sale and purchase, must file a lawsuit with the District Court on the basis of the seller's default and request that the District Court's decision order the PPAT to make a deed of transfer of rights not based on the power of attorney to sell, but based on the court's decision.
Accountability of Land Deed Officials (PPAT) for Making Covernotes in Banking Credit Agreements Purnomo, Sigid
TABELLIUS: Journal of Law Vol 2, No 3 (2024): September 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to examine and analyze the right time for Notaries-PPATs to issue covernotes, as well as the urgency and legal problems with the issuance of covernotes, along with the responsibilities of Notaries-PPATs in issuing covernotes. This study uses a normative juridical method with a literature study data collection or processing technique. The research specification is analytical prescriptive, namely a study aimed at obtaining suggestions on what should be done to overcome certain problems that can produce new arguments, theories or concepts as prescriptions in solving the problems faced. The results of this study indicate that the right time for PPATs to issue covernotes is when PPATs have truly had confidence in everything that is agreed upon in the covernote. The urgency of issuing a covernote for creditors as a temporary legal umbrella before the things agreed in the covernote are fulfilled. Problems that arise from within the PPAT include the lack of caution and indecisiveness of the PPAT in checking the certificate. All legal consequences related to the covernote are the full responsibility of the PPAT concerned. Notaries-PPATs are required to be based on the principle of caution. That before issuing a covernote, they must first check the collateral object, so that it can be ensured that the certificate is clean. Notaries-PPATs are responsible for the promises contained in the covernote. Banks should be selective in choosing debtors and Notaries-PPATs as partners.
Legal Protection Of Communities Who Have Customary Land Rights (Case Study of Decision Number 2087 K/Pdt/2012) Kholis, Fikri Al
TABELLIUS: Journal of Law Vol 2, No 3 (2024): September 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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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 peoples and their implications for the recognition of customary land rights in Indonesia. This type of research is normative legal research using a normative legal approach method. The method of collecting data for this study 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 law views the legal protection of customary land rights communities and reveals 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 Analysis of Cancellation of Deed of Granting Mortgage Rights (APHT) Which Has The Potential to Be Defamatory to Creditors (Study of Semarang District Court Decision Number 11/Pdt.G/2023/PN Smg Jo. 405/PDT/2023/PT SMG ) Pambudi, Laksana Yudha Putra
TABELLIUS: Journal of Law Vol 2, No 3 (2024): September 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The bank as a creditor and holder of the mortgage rights is still under threat when there is a judge's decision that cancels the mortgage rights. The objectives of the study are 1) To analyze the judge's decision in case number 11/Pdt.G/2023/PN SMG Jo. 405/PDT/2023/PT SMG; 2) To analyze the legal consequences that occur in the event of cancellation of APHT; 3) To analyze the legal protection for the banking party as a creditor for the cancellation of APHT. This research method is normative legal research with a legislative approach and a case approach. The data used is secondary data. Data collection uses literature studies and data analysis uses qualitative analysis methods. The results of the study are 1) the decision of the panel of judges in case 11/Pdt.G/2023/PN SMG if based on laws and regulations is appropriate and this is reinforced by decision number 405/PDT/2023/PT SMG but if associated with field facts and the principle of legal certainty, the decision to cancel and delete APHT-SHT is not in accordance with the principle of legal certainty. 2) The legal consequences of the cancellation of APHT are the loss of guarantees of debt receivables for creditors along with the privileges attached because the creditor's position is a concurrent creditor. 3) legal protection that can be received by creditors is in the form of the formation of laws and regulations that protect creditors' rights in the event of cancellation of APHT as preventive legal protection while repressive legal protection is litigation and non-litigation legal efforts that can be carried out by creditors.
Responsibility Of Land Deed Officials (PPAT) Towards Disputes Between The Parties In Court Relating To Deeds They Have Made (Decision Study Number: 32/Pdt.G/2022/PN Pdg) Aldila, Ridho
TABELLIUS: Journal of Law Vol 2, No 3 (2024): September 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine and analyze the position of PPAT regarding the deeds he made for the parties bound by the deed and the responsibility of PPAT towards disputes between the parties in court regarding the deeds he made (Decision Study Number: 32/Pdt.G/2022/Pn Pdg). The research approach method used in this thesis is the normative legal research method. The specification of this study is descriptive analysis. The type of data used in this study is primary data including 1)1945 Constitution; Civil Code;PP No. 37 of 1998 concerning the Regulation of the Position of Land Deed Making Officials; PP No. 24 of 2016 concerning Amendments to PP No. 37 of 1998 concerning the Regulation of the Position of Land Deed Making Officials and secondary and tertiary legal materials containing books and other supporting documents. Data collection for research with literature study The data analysis method used in analyzing the data is qualitative analysis. The results of the study show that the Position of PPAT regarding the deeds he made for the parties bound by the deed is that PPAT in carrying out his duties must be guided by a normative framework related to all actions to be taken to then be stated in the deed. The responsibility of PPAT for disputes between parties in court related to the deeds he made is divided into 3 (three) forms, namely:PPAT's civil, criminal and administrative responsibilities.
Legal Force of Peace Deed What Notaries Do in Resolution of Land Disputes in NTB Province Sutrisno, Lalu Budi
TABELLIUS: Journal of Law Vol 2, No 3 (2024): September 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The term written peace is regulated in Article 1851 of the Civil Code. In practice, peace agreements in the settlement of land disputes are usually caused by unlawful acts of one party that can harm a person's civil rights. This dispute can be resolved through litigation or non-litigation. In reality, non-litigation settlements before a notary are made after a court decision, so that the legal certainty of the deed becomes multi-interpretable for most people. The purpose of this writing is to analyze a peace deed that is made authentically as evidence of peace in court and to analyze the legal force of a notarial peace deed in an effort to resolve land disputes. This research is based on normative juridical legal research.Normative legal research is research that is conducted by examining theoretical approaches, concepts, and reviewing laws and regulations related to the research..Data analysis methodsdescriptive-qualitative by examining the regulations governing the power of notarial peace deeds. Data collection methods include interviews, document studies or library materials. The data analysis method used is the qualitative analysis of the Miles and Huberman model. The author's findings are that non-litigation peace can be made authentically before a notary so that it has perfect evidentiary power or its truth cannot be denied when proven in court. However, peace based on a notarial deed only has binding power and evidentiary power. Non-litigation dispute resolution can be done through negotiation, mediation, conciliation and arbitration. Meanwhile, a peace deed based on a court decision has binding legal force (permanent legal force), evidentiary power and executorial power.

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