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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 12 Documents
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Search results for , issue "Vol 2, No 4 (2024): December 2024" : 12 Documents clear
Legal Protection for Auction Winners Against Objection Lawsuits Regarding Mortgage Rights Objects for which Execution Has Been Requested (Study of Decision Number 72/Pdt.Bth/2019/PN.Kdl) Ariyani, Sahida; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 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 implementation of auctions and the protection of auction winners against objections related to mortgage objects that have been requested for execution (study of decision Number 72/Pdt.Bth/2019/PN.Kdl). The research method used is normative juridical. Data was obtained through documentation techniques, namely researchers collecting relevant laws and court decisions. Data analysis was carried out by data reduction, data display, and decision making. The purpose of this study was to examine the auction implementation process against objections related to mortgage objects that have been requested for execution. The results of this study are that the auction implementation has been in accordance with the Regulation of the Minister of Finance (PMK) Number 122 of 2023. The auction object that has been sold is the right of the auction winner. If the debtor still controls the auction object, the auction winner can ask the KPKNL to issue a gross minutes to vacate the auction object and ask the District Court for assistance to send a bailiff. In addition, the objections filed by the opponents to the auction winner are repressive legal protection. In decision No. 72/Pdt.Bth/2019/PN.Kdl, the panel of judges rejected the objections from Pelawan I and Pelawan II. Thus, the vacating of the auction object will continue and provide legal protection for the auction winner for the auction object that has been purchased. Thus, in this study legal protection is present to fulfill the interests of the auction winner.
Position and Responsibilities of a Substitute Notary for a Notary Who Has Died Pratidina, Merry Fitri; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to understand and analyze the position and responsibility of a Substitute Notary towards a Notary who has died and its legal consequences. This type of research uses normative juridical and the analytical tools in this study are the theory of legal objectives and the theory of legal responsibility. The results of the research and discussion show that a substitute Notary is tasked with replacing or taking over all obligations of a notary who is taking leave within a specified period of time. A Substitute Notary has the same obligations and authorities as a regular Notary. This is in accordance with the provisions in Article 33 paragraph (2) of the Notary Law which stipulates that the provisions in Article 4, Article 15, Article 16 and Article 17 of the Notary Law apply and are also binding on Substitute Notaries, as long as it is not specified otherwise. Substitute Notaries have the same responsibility in carrying out their duties, in accordance with the provisions of Article 65 of the UUJN. As a result of the legal position and responsibility of the Substitute Notary towards the Notary who is replaced who dies, the heirs can propose that the Notary Holding the Protocol and the MPD appoint a Notary as the recipient of the protocol or the MPD appoints a Notary who receives the protocol for a period of 14 (fourteen) days from the end of the term of office of the Temporary Notary.
Obligations and Responsibilities of Notaries in Providing Social Services to The Community as Public Officials Atmoko, Dwi; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

At present, where economic development is increasingly rapid and supported by increasingly developing technology and the increasingly dense population in Indonesia, this country has various and varied problems. Likewise with its diverse society where in reality the economic gap between the able and the unable has its own burden for the person concerned and also the state. In its journey, especially for those who are unable, of course, they also need a notary in achieving their desires, especially regarding the certainty and validity of a letter regarding their assets or related to certain agreements. The role of a notary is needed in society, especially for those who are unable to get their desires for free as mandated in the Notary Law (UUJN) Article 37 paragraph (1) which states that "requires a notary to provide legal services in the notary field free of charge for those who are unable". However, in reality, many notaries do not implement or obey and are trustworthy of the law, which of course is not a good thing. In writing this scientific paper, the author uses a normative legal research method supported by a legislative and historical approach to the formation of notaries and the regulatory norms that surround them. This is done to analyze and see how effective the regulations are for notaries in implementing their functions and performance in providing services to the general public, especially the less fortunate. Notaries in their rights and obligations tend to help people who are able due to economic needs. The honesty and integrity of a notary are questioned in helping people who are unable, where this of course makes it seem as if the notary profession is a profession that is intended for certain people only in this case for people who are able and seem exclusive.
The Role of Notaries in Public Company Share Transactions In the Capital Market of the Indonesia Stock Exchange Prasetyo, Seno; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) The role of notaries in stock transactions of public companies in the Capital Market of the Indonesia Stock Exchange. 2) Obstacles faced by notaries in ensuring the validity and legal certainty of stock transactions in the capital market. This type of research is included in the scope of empirical legal research. The approach method in this study is a sociological legal approach. The types and sources of data in this study are primary and secondary data obtained through interviews and literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The role of notaries in stock transactions of public companies in the Capital Market of the Indonesia Stock Exchange based on Article 15 paragraph (1) of Law Number 2 of 2014 concerning the Position of Notaries (UUJN), notaries are tasked with making authentic deeds required by laws and regulations, including in the Initial Public Offering (IPO) process and stock transactions. In addition, in accordance with Article 64 paragraph (1) of Law Number 8 of 1995 concerning Capital Markets, as amended by Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (PPSK Law), notaries are recognized as a supporting profession for the capital market. In this capacity, notaries play a role in helping to prepare and ratify important legal documents, such as changes to the company's articles of association, minutes of the General Meeting of Shareholders (GMS), and share sale and purchase agreements, which are the legal basis for transactions on the IDX. 2) Obstacles faced by notaries in ensuring the validity and legal certainty of stock transactions in the capital market, such as inaccurate or incomplete data and documents, issuers' ignorance of regulations, rapid regulatory changes, the complexity of capital market transactions, limited access to digital information, and potential inconsistencies between national law and international practices. To overcome these challenges, solutions are needed such as better data validation, education for issuers, improving notary competency, collaboration with related parties, development of an integrated digital system, and alignment of national regulations with international standards. Thus, notaries can carry out their role optimally to create legality and legal certainty in capital market transactions.
Legal Protection for Creditors Against Guarantees Fiducia In The People's Business Credit Agreement (KUR) That Have Not Been Registered At The AHU KEMENKUMHAM (Case Study at PT. Bank Mandiri (Persero) Tbk Bombana Branch, Southeast Sulawesi) Sam, Muhammad Iqbal; Ummu Adillah, Siti
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Currently, many debtors are in default in taking credit with fiduciary collateral so that many assets are sold underhand and there are also debtors who are not responsible for the collateral, thus harming the creditor. The purpose of this study is to determine, review and analyze legal protection for creditors against fiduciary collateral in people's business credit agreements (KUR) that have not been registered with the AHU Kemekumham by PT. Bank Mandiri (Persero) Tbk Bombana Branch, Southeast Sulawesi and to determine, review and analyze the legal remedies owned by creditors if the debtor is in default. This study uses analytical descriptive specifications, the approach method used is a sociological legal approach, the types and sources of data in this study use primary data and secondary data. Secondary data includes primary legal materials, secondary legal materials and tertiary legal materials. The primary data collection method uses observation and interviews, the secondary data collection method uses document studies and literature studies. The data analysis method uses qualitative analysis methods. The results of the research and discussion show that legal protection for creditors against fiduciary guarantees in people's business credit agreements (KUR) that have not been registered with the AHU Kemenkumham if the debtor defaults, with the fiduciary guarantee law is the granting of preferential rights over his receivables and then according to the provisions of Article 21 paragraph (4) of the Fiduciary Law, the results of the transfer and/or bills that arise, by law become the object of a substitute fiduciary guarantee for the object of the transferred fiduciary guarantee. With the inclusion of the value of goods or objects that are used as objects of fiduciary guarantees, if the objects used as objects of fiduciary guarantees do not exist or are not available according to what is stated in the attachment, then the recipient of the fiduciary in this case the creditor can sue the party providing the fiduciary to fulfill his obligations, namely the amount of the guaranteed value as regulated in Article 6 of the Fiduciary Guarantee Law and the legal remedies owned by the creditor after the debtor defaults, which are carried out at PT. Bank Mandiri (Persero) Tbk Bombana Branch is the settlement of its dispute. First of all, this is done by giving a warning in the form of a reprimand, then continuing by giving a warning letter to the debtor, but if the debtor still does not comply, the creditor can take further action, namely through non-litigation and litigation methods.
Legal Protection for Auction Winners Executing Mortgage Rights Who Cannot Control The Auction Object Rahmadina, Farah Dania; Shallman, Shallman
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims toto know and analyze legal protection for auction winners of mortgage execution who cannot control the auction object and to know and analyze the obstacles to auction winners of mortgage execution who cannot control the auction object. This study uses a statutory approach (Statuta Approach), the type of research used in this study is normative legal research, the type of data in this study is secondary data, the data collection method in this study is library research, and the data analysis used is prescriptive analysis. The results of the study indicate that legal protection for buyers or auction winners has not been able to provide legal certainty for buyers or auction winners. Both the seller and the State Asset and Auction Service Office (KPKNL) do not have responsibility and liability for control of the auction object. Repressive legal protection provided by the government to auction winners who cannot control the auction object is to request assistance for vacating directly to the Head of the District Court. As is known, the process from the application for vacating to the execution of vacating does not have a certain time and often takes a long time so that the buyer does not obtain legal certainty to obtain his rights, there are also various obstacles in the process of implementing the mortgage execution auction. These obstacles consist of legal obstacles and non-legal obstacles. Legal obstacles include the existence of unclear or conflicting laws and regulations, while non-legal obstacles relate to technicalities and the execution process in court. The existence of these obstacles causes the lack of legal certainty for the auction winner to enjoy the object of his property rights.
Analysis of Legal Protection for Debtors Regarding The Position of Using Standard Contracts in Relation To The Principle of Freedom of Contract on Bank Credit Agreement Miswanto, Sidik; Ummu Adillah, Siti
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research is about "Analysis of Legal Protection for Debtors Regarding the Position of Using Standard Contracts in Relation to the Principle of Freedom of Contract" aimsto know and analyze legal protection for debtors against the position of using standard contracts in relation to the principle of freedom of contract in bank credit agreements, obstacles and how to overcome them. This study uses a sociological legal approach. Data collection is carried out through observation, interviews, literature studies and documentation. Data analysis is carried out descriptively qualitatively. The results of the study indicate that legal protection for debtors against the use of standard contracts in relation to the principle of freedom of contract in bank credit agreements includes preventive protection in the form of legal protection from the legal aspects of the agreement as stipulated in Article 1338 paragraph (1) of the Civil Code and Article 1320 of the Civil Code, aspects of consumer protection in Article 18 Paragraph (1) Letter g and letter h of the UUPK, which regulates restrictions on the use of standard clauses in credit agreements, as well as repressive protection in the form of dispute resolution options. Standard agreements have violated the principle of freedom of contract because when there is an imbalance regarding the burden imposed on the parties in the form of transferring obligations to the weaker party, the weaker party no longer has freedom, even though the principle of freedom of contract provides a guarantee of freedom to a person in matters relating to the agreement. However, in fact, if a standard agreement or contract does not violate the principles contained in an agreement or contract, then it is not a problem because in essence a standard agreement or contract is also a normal agreement or contract, the only difference is that a standard agreement or contract is provided by a party in a stronger position and cannot be changed even if the other party in the agreement wants a change or feels disadvantaged. The obstacles faced in the use of standard contracts in bank credit agreements are the prohibition on the use of standard clauses that have the potential to harm debtors or customers and the problems in the implementation of the credit agreement, namely problematic credit to bad credit. The way to overcome this is that the creation of a bank credit agreement that uses a standard contract must be carried out in accordance with the provisions of laws and regulations and strict credit analysis.
Legal Protection for Notaries in Semarang City Area Luthfi Sidiq, Muhammad; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Paragraph IV of the Preamble to the 1945 Constitution, among others, states that the Government of the Republic of Indonesia protects all Indonesian people, advances public welfare, and educates the nation's life. The need for the community in the Semarang city area for legal certainty is a very important thing in life so that every element in society that is directly or indirectly related to implementing and enforcing the law must have the same parameters, namely achieving legal certainty. The Notary Law has regulated the form of legal protection that can be given to those who carry out their duties as public officials, this is reflected or stated in Article 66 paragraph (1), (2) of the UUJN and maintaining the right to refuse and the obligation to refuse the right must also be respected. Only the Courts and the Police have the right to summon the Notary concerned. This type of research uses empirical laws.This research approach uses a qualitative approach. The source of the type of data used in this study is primary data obtained through observation and interviews. The analysis in this study is descriptive analysis. The results of this study conclude that: 1).Legal protection for notaries in carrying out their duties as public officials based on the Notary Law in the Semarang City area in making authentic deeds must pay attention to the principles of caution, accuracy, and uphold honesty, morality and not forget professionalism. 2). The form of legal protection for Notaries who carry out their duties as legal officials in the City of Semarang must go through the Regional Supervisory Council because the Regional Supervisory Council (MPD) has a very important role in providing legal protection to notaries at the regional level, as well as ensuring that the procedure for taking minutes of deeds and other documents is carried out legally and in accordance with applicable legal provisions.
Implications of The SKMHT Validity Period According to The Term of Subsidized Home Finance in Connection With The Principle of Lex Superior Derogat Legi Inferiori Mardiana, Fitri; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Regulation of the Minister of Agrarian Affairs of the Head of BPN No. 22/2017 Concerning the Determination of the Time Limit for the Use of a Power of Attorney to Encumber Mortgage Rights to Guarantee the Settlement of Certain Credits, if the regulation of the ATR/BPN ministry is enforced, there will be a conflict of norms between Law Number 4 of 1996 concerning Mortgage Rights and the regulation of the ATR/BPN ministry. Regulation of the ATR/BPN ministry number 22 of 2017 overrides the Mortgage Rights Law in terms of the limitation of the SKMHT period. The principle of Lex Superior Derogat Legi Inferiori states that lower regulations must not conflict with higher regulations. Regulations with lower authority should not exceed higher regulations. The purpose of this study is to analyze the effect of changes in SKMHT regulations in subsidized housing financing based on the principle of lex superior derogate legi inferiori. This research method is a normative legal research method. The approach in this study uses a case approach and a legislative approach. The data required includes secondary data consisting of the 1945 Constitution; Law Number 10 of 1998; Law Number 21 of 2008;Law Number 12 of 2011,  Law Number 4 of 1996; Regulation of the Minister of Agrarian Affairs of the Head of BPN No.22/2017; Regulation of the Minister of Public Works and Public Housing of the Republic of Indonesia Number 35 of 2021, as well as books and other supporting documents. Taken with the method of data collection using library techniques. The data analysis method is prescriptive. Based on the research, it was concluded that the conflict of legal norms occurred due to differences in the regulations regarding the period of use of SKMHT between the Mortgage Rights Law and Regulation of the Minister of ATR/BPN No. 22 of 2017. The Mortgage Rights Law regulates the maximum period of SKMHT for 3 months, while Regulation of the Minister of ATR/BPN No. 22 of 2017 regulates that the period of SKMHT can be valid during the credit period or until the end of the principal agreement. The Mortgage Rights Law as a law has a higher degree compared to the Regulation of the Minister of ATR/BPN which is an implementing regulation. Therefore, based on the principle of lex superior derogate legi inferiori, the regulations in the Mortgage Rights Law should apply.
Legal Analysis of Legal Certainty of Land Ownership Rights for Foreign Citizens (WNA) in Indonesia Maemunah, Siti; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) Legal certainty of land ownership rights for foreign nationals (WNA) in Indonesia. 2) Legal consequences of the transfer of land ownership rights covertly by foreign nationals (WNA). This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The types and sources of data in this study are secondary data obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) Legal certainty of land ownership rights for foreign nationals (WNA) in Indonesia is strictly regulated by the Basic Agrarian Law (UUPA) and its implementing regulations. According to Article 42 of the Basic Agrarian Law (UUPA), WNA can only be given use rights and lease rights to land, not ownership rights. In addition, Article 52 paragraph (1) of Law Number 1 of 2011 concerning Housing and Residential Areas (as amended by Law Number 6 of 2023) emphasizes that foreign nationals can occupy houses with rental rights or usage rights. The main criteria for foreign nationals to own a house with rental rights or usage rights is the ownership of valid immigration documents in accordance with the regulations. The usage rights and rental rights system limits foreign nationals from having full control over a house or land, in accordance with Article 21 and Article 26 of the UUPA. 2) The legal consequences of the transfer of land ownership rights in a disguised manner by foreign nationals (WNA) have serious legal implications, considering that this violates the basic principles of the Basic Agrarian Law (UUPA) which limits land ownership rights only to Indonesian Citizens (WNI). Hidden agreements, such as nominee agreements, which aim to circumvent the provisions of agrarian law, are therefore considered null and void according to Article 26 paragraph (2) of the UUPA. As a result, the promised land will fall to the state, and the parties involved cannot demand a refund. This kind of agreement is contrary to the valid conditions of an agreement according to Article 1320 of the Civil Code, especially regarding the object of the agreement and the purpose that does not conflict with the law.

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