TABELLIUS
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.
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<![CDATA[Legal Review of Default in Housing Ownership Credit (Kpr) Agreement ]]>
<![CDATA[Kresna, Bala]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Abstract. The purpose of this study is to determine and analyze the causes of default in the Home Ownership Credit (KPR) agreement, as well as how to determine the occurrence of default in the implementation of the Home Ownership Credit (KPR) agreement. This type of research is normative legal research with a statute approach. In this study, data collection was carried out by means of document study, namely by studying, reviewing and examining legal materials related to this research. The data that has been collected both from library research and from field research are then analyzed qualitatively with descriptive methods. The results of the study indicate that the implementation of the Home Ownership Credit (KPR) agreement implemented by several banks, both government banks and private banks, is based on agreements between the bank as the creditor and the customer as the debtor which are stated in the Home Ownership Credit (KPR) agreement that has been mutually agreed upon. The factors that cause default in a Home Ownership Credit (KPR) agreement can be grouped into two groups, namely default that occurs due to the debtor's negligence in carrying out his obligations and default that occurs due to weak credit supervision by the bank which causes the debtor to deliberately default. The method of determining whether a debtor has defaulted on a Home Ownership Credit (KPR) agreement is based on an agreement between the bank and the debtor which is stated in the Home Ownership Credit (KPR) agreement. Based on the agreement, a clause is determined regarding the debtor's actions that can result in the debtor being declared in default. These actions include the debtor not paying installments according to the agreement, the debtor being in arrears on installment obligations by two installments, the debtor violating the provisions in the agreement and not carrying out his obligations as agreed in the agreement.Keywords: Agreement; Default; Mortgage.]]>
<![CDATA[Legal Analysis of Unfair Competition Between Notaries in The Perspective of The Code of Ethics of The Indonesian Notaries Association ]]>
<![CDATA[Malidu, Risma Safitri]]>;
<![CDATA[Suwondo, Denny]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Abstract. This study aims to determine and analyze the regulation of the notary's code of ethics, to determine and analyze the legal analysis of unfair competition of notaries in the perspective of the Indonesian Notary Association's code of ethics. The approach method in this study is the statute approach. This type of research is normative research. The type and source of data in this study are secondary data obtained through literature studies. The analysis in this study is perspective. The results of the study indicate that the regulation of the notary's code of ethics in Indonesia has a crucial role in maintaining the integrity and credibility of the notary profession as a public official who prepares authentic deeds. This code of ethics aims to ensure that every notary's action is based on the principles of professionalism, objectivity, and the interests of society and the state. Although there are regulations governing the code of ethics in the Notary Law and Government Regulations, its implementation still faces challenges, especially related to ethical violations in the field. Therefore, supervision and enforcement of the code of ethics require an active role from external institutions such as the Notary Supervisory Board, in addition to the internal mechanisms of the notary professional organization. The importance of an effective code of ethics also contributes to the creation of more transparent, accountable, and trustworthy public services. This will strengthen the legal position of notarial deeds in the Indonesian legal system. Referring to existing provisions, especially regarding the minimum honorarium for notaries set by the Indonesian Notary Association (INI) for the Southeast Sulawesi Region, regional administrators have the authority to file a lawsuit for breach of contract against notaries who charge an honorarium below the agreed standard. Based on Article 1655 of the Civil Code, administrators can act in court as either plaintiffs or defendants.Keywords: Code of Ethics; Unfair Competition; Notary]]>
<![CDATA[Legal Review of Breach of Performance Law on Binding Agreement Deeds sale and Purchase of Land and Buildings Made By a Notary ]]>
<![CDATA[Pambudi, Hayuningtyas]]>;
<![CDATA[Witasari, Aryani]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Abstract. This study aims to determine and analyze the default on the deed of sale and purchase agreement and to determine and analyze the settlement of default on the deed of sale and purchase agreement. The approach method used in this study is normative legal, the type of research used in this study is normative legal research, the type and source of data used is normative legal research, using the method of collecting primary legal materials, and the legal materials obtained will be analyzed qualitatively. The results of this study indicate that the sale and purchase agreement cannot always run according to the agreement desired by the parties. Sometimes in practice one of the parties in a sale and purchase agreement does not fulfill the promised performance so that according to the law it is considered to have deviated from the agreement which results in a loss for the other party called default. And legal settlement in the case of default on the Sale and Purchase Agreement can be done in 2 (two) ways, namely non-litigation dispute resolution or outside the court by means of arbitration, negotiation, mediation, and conciliation. As well as litigation settlement through the general court process.Keywords: Notary, Sale and Purchase Agreement, Default]]>
<![CDATA[Implementation of the Principle of Legal Certainty in the Making of Marriage Agreement Deeds by Notaries ]]>
<![CDATA[Nugroho, Raditya Rizki]]>;
<![CDATA[Wahyudi, Trubus]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[ Abstract. This study aims to analyze: 1) The implementation of the principle of legal certainty in the making of a marriage agreement deed by a Notary aims to provide legal guarantees for the husband and wife and third parties. This agreement must be made in the form of a notarial deed before the marriage takes place in order to have binding legal force. The Notary's role is to ensure that the agreement is in accordance with the provisions of the law, does not cause ambiguity, and is registered at the Civil Registry Office in order to strengthen legal protection. In addition to guaranteeing the rights and obligations of the couple, the application of the principle of legal certainty also prevents potential disputes and ensures transparency in the management of marital assets. Thus, the existence of a marriage agreement deed contributes to justice, legal security, and order in the marriage legal system in Indonesia. marriage in Indonesia. 2) The legal consequences of the application of the principle of legal certainty in the making of a marriage agreement deed by a Notary are that with the existence of a marriage agreement made in the form of an authentic deed and officially registered, legal certainty regarding ownership and management of assets in the marriage can be guaranteed. The Notary plays an important role in ensuring that the agreement is made in accordance with applicable legal provisions, so that it has binding legal force and can be used as valid evidence in the judicial process. In addition, the application of the principle of legal certainty in a marriage agreement also functions as preventive and repressive legal protection. Preventively, this agreement helps prevent potential disputes regarding property in marriage, while repressively, this agreement provides a strong legal basis for resolving conflicts in court if violations or disputes occur.Keywords: Marriage Agreement Deed; Notary; Principle of Legal Certainty.]]>
<![CDATA[Legal Force of Electronic Certificates (E-Certificates) Issued by The National Land Agency (BPN) as A Form Oo Land Rights Ownership ]]>
<![CDATA[Rihesta, Dwi Adi Pangestika Putra]]>;
<![CDATA[Fajar Riyanto, Taufan]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Land certificates issued based on the Basic Agrarian Law (UUPA) have significant evidentiary power (as regulated in Article 19 paragraph (2) letter c). This means that the evidentiary power of the certificate is not absolute, but strong enough. On a scientific basis, the author is motivated to conduct a scientific study containing the Legal Power of Electronic Certificates (E-Certificates) Issued by the National Land Agency (BPN) as a Form of Land Ownership Rights. The research method that will be used in this research is a qualitative approach, namely a way or research method that emphasizes analysis or descriptive. Based on the research results, there are research results on the Legal Power of Electronic Certificates (E-Certificates) Issued by the National Land Agency (BPN) as a Form of Land Rights Ownership, namely the Legal Power of Electronic Certificates (E-Certificates) Issued by the National Land Agency (BPN), namely Electronic certificates with analog certificates have the same position as valid evidence and provide legal certainty for land rights holders in land registration in Indonesia. The implementation of this electronic certificate has not been implemented in the meeting of Commission II of the Indonesian House of Representatives and the Minister of ATR/BPN on the grounds of delaying the security of data listed on the electronic certificate and the regulations of the Minister of ATR/BPN have not regulated data security on digital land certificates as a form of weakness in the regulation, and the Security Guarantee of E-Certificates Issued by the National Land Agency (BPN) as a Form of Land Rights Ownership, namely the Issuance of e-Certificates by BPN brings many advantages in terms of security, efficiency, and transparency in the management of land rights in Indonesia. This secure and technology-based system provides assurance to the community that their land ownership rights are protected and clearly recorded in a legitimate system, reducing the potential for conflict and increasing ease in managing land rights.]]>
<![CDATA[Efforts to Resolve Rental Disputes Renting Market Land Rent Back (Supreme Court Cassavior Decision) ]]>
<![CDATA[Manullang, Zulkifli]]>;
<![CDATA[Tri Bawono, Bambang]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Abstract. The purpose of this study is to determine and analyze the form of the lease agreement for the Gladak Market land that is being re-leased which can protect the interests of the parties and to determine and analyze the settlement of the lease dispute for the Gladak Market land including the yard and yard that are re-leased by the tenant. This type of research is normative legal research. The approach method in this study is the case approach (case approach). The type and source of data in this study are secondary data. Secondary data is data obtained by researchers from the literature which is the result of research. The data analysis method used is qualitative data analysis, meaning that in writing the thesis it only contains descriptions and does not use statistical data and mathematical figures. As a way to draw conclusions from the results of the research that have been collected, the normative-qualitative normative analysis method will be used, because this study is based on existing regulations as positive legal norms. The results of the study indicate that legally the form of a written lease agreement has a stronger legal basis, especially if a dispute occurs, because the parties can use the written agreement as a basis for resolving disputes that have a strong legal basis. And for the purposes of evidence in court, the ideal form is an agreement made before an authorized official or notary, so that it can be an authentic deed. Keywords: Dispute; Existing; Regulations; Resolution.]]>
<![CDATA[Legal Protection of Consortium Agreement Deeds by Notaries in Infrastructure Projects in Indonesia ]]>
<![CDATA[Kurnianto, Baputera]]>;
<![CDATA[Shallman, Shallman]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Abstract. Indonesia, as a developing country with increasing economic growth, requires adequate infrastructure development to support progress in various sectors, such as transportation, energy, telecommunications, and others. Various infrastructure development efforts are funded and implemented by various projects involving consortia. However, in practice, the implementation of infrastructure projects involving consortia often encounters obstacles in the matter of legal protection of the consortium agreement itself. Therefore, this study aims to identify the form of legal protection of the consortium agreement deed by a notary in infrastructure projects in Indonesia. The research method used is a qualitative approach with a descriptive analytical research type, which aims to obtain data in depth and analyze it comprehensively. Data were obtained through literature studies and interviews with related parties, including notaries, business actors, and legal experts. The results of the study indicate that the deed of consortium agreement prepared by a notary has binding legal force, but there are several challenges related to the lack of supervision of notary practices and the ambiguity in several clauses of the agreement that can cause disputes.Keywords: Agreement; Consortium; Legal; Protection.]]>
<![CDATA[The Role of Notaries in Realizing Effective Implementation Electronic Deed Registration in Tegal Regency ]]>
<![CDATA[Rahmawati, Desy Tri]]>;
<![CDATA[Darmadi, Nanang Sri]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Abstract. This study aims to analyze and understand the implementation of the role of Notaries to find out and analyze the problems in the implementation of electronic deed registration in Tegal Regency and to find out and analyze the role of Notaries in realizing the effectiveness of the implementation of electronic deed registration in Tegal Regency. The type of research used in this study is a type of sociological or empirical legal research that includes legal identification and legal effectiveness, empirical legal research is legal research where data is obtained through primary legal data or data obtained directly in the community. The approach method used is a qualitative method. type of sociological or empirical legal research that includes legal identification and legal effectiveness. This research was conducted with a field study, the author used the interview method (interview). Based on the research conducted, it can be seen that the implementation of electronic HT deed registration in Tegal Regency has not been running effectively, this is indicated by the small number of HT Deeds registered electronically in Tegal Regency. The weaknesses that resulted in the creation of electronic HT deeds in Tegal Regency not yet running due to the fact that in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 5 of 2020 concerning Mortgage Rights Services there is an issue of the authority of Notaries/PPAT which is only limited to making APHT, sociologically the weaknesses are in the form of issues of change time related to errors in old electronic HT registration data when making new electronic HT deeds, the existence of Article 22 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning Head of the National Land Agency Number 9 of 2019 concerning Integrated Electronic Mortgage Rights Services regarding the provision of user names and passwords to other parties can potentially commit legal violations that can harm the HT owner, network maintenance that often makes electronic HT registration problematic or in other words the system often errors making it difficult for the party registering the Electronic HT deed, not all parties have internet facilities and computer devices, for example in remote areas in Indonesia.Keywords: Effectiveness; Electronic; Notary.]]>
<![CDATA[Problematics of Legal Kincrease in The Sale Value of Taxable Objects - Land and Building Tax (NJOP-PBB) on The Process of Transfer of Land Rights at The Office of The Land Deed Official in Blora Regency ]]>
<![CDATA[Mar’ah, Nurul]]>;
<![CDATA[Purnawan, Amin]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Abstract. The purpose of this study is to determine and analyze the impact of the increase in the Taxable Object Sales Value - Land and Building Tax (NJOP - PBB) on the process of transferring land rights at the Notary's Office - Land Deed Making Official (PPAT), to determine the obstacles and efforts made related to the increase in the Taxable Object Sales Value - Land and Building Tax (NJOP - PBB) on the process of transferring land rights at the Notary's Office - Land Deed Making Official (PPAT). The approach method in this study is the sociological juridical approach, namely an approach that emphasizes research that aims to obtain legal knowledge empirically by going directly to the object. The data used are primary and secondary data obtained through interviews and literature studies, while the data analysis method is carried out by qualitative analysis. The results of the study concluded that the Increase in the Taxable Object Sales Value - Land and Building Tax (NJOP - PBB) certainly affects the process of transferring land rights, because it is not uncommon for the transaction value submitted by taxpayers to be considered inappropriate by tax officers, so it is not uncommon for tax officers in the verification / validation process, to request that the transaction value be changed and adjusted according to the tax officer's assessment. The tax value that must be paid is very high, the taxable object sales value (NJOP) also always increases every year so that with the increasing taxable object sales value (NJOP), the tax that must be paid is the estimated value determined by the Regional Revenue, Financial Management and Asset Agency (BPPKAD) Office exceeds the original sale and purchase value so that the applicants feel very reluctant, so the local government must take concrete steps and appropriate solutions related to future policies.Keywords: Problems; Njop-PBB; PPAT.]]>
<![CDATA[Notary's Responsibility for Deeds Made With Fake Documents Provided by The Parties ]]>
<![CDATA[Salis, Lismi]]>;
<![CDATA[Shallman, Shallman]]>
<![CDATA[ TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025 ]]>
Publisher : <![CDATA[Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University ]]>
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<![CDATA[Abstract. In Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary In Article 1 number 1 of the UUJN Notary is a public official who is authorized to make authentic deeds and has other authorities as referred to in this law or based on other laws. A Notary in making a deed sometimes without his knowledge there is false information given by the parties, which then becomes the basis for making an authentic deed. This study aims to analyze and answer the problem regarding the responsibility of a notary for deeds made with false documents provided by the parties in the process of making a notarial deed according to the Notarial Law, and how notarial deeds made based on false documents brought by the person appearing have legal impacts. This study uses the Normative legal research method. Legal materials from primary, secondary, and tertiary legal materials are used as research sources, and the data collected will be analyzed descriptively qualitatively. The results of the study show that notaries are responsible according to the actions they have taken if they are proven to have committed violations in carrying out their duties. They will be responsible in terms of administrative law, civil law or criminal law.Keywords: Notary, Responsibility, Deed]]>
