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Contact Name
Ong Argo Victoria
Contact Email
tabelius@unissula.ac.id
Phone
+6281325424803
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Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia
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Kota semarang,
Jawa tengah
INDONESIA
TABELLIUS
ISSN : 29886201     EISSN : 29886201     DOI : -
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 28 Documents
Search results for , issue "Vol 3, No 1 (2025): March 2025" : 28 Documents clear
Legal Implications of Peace Agreement Deeds Made Before a Notary in Resolving Overlapping Land Disputes in The Indonesian Legal System Lestari, Sri; Suwondo, Denny
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to determine and analyze the function of a notary based on his position in making a peace agreement deed, to determine and analyze the legal implications of a peace agreement deed made before a notary in resolving overlapping land disputes in the legal system in Indonesia. The research approach method used in this thesis is empirical legal research with a sociological legal approach method. The specifications of this study use qualitative descriptive. The types of data used in this study are primary data including the 1945 Constitution of the Republic of Indonesia, the Civil Code, Law Number 5 of 1960 concerning Basic Agrarian Provisions, Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, as well as secondary data containing books and other supporting documents. Collection of research data using interview techniques and document studies or library materials. The data analysis method used in analyzing data is qualitative analysis. The results of the study show that a Notary is a public official who has a great responsibility in ensuring the validity and fairness in making authentic deeds, one of the legal products made before a notary is a peace agreement deed. In carrying out his/her duties, a notary must be professional, honest, neutral and not take sides with any party in the legal acts he/she carries out. A peace agreement deed made before a notary in the Indonesian legal system is an authentic deed in the eyes of the law which can be used as evidence without relying on a decision, because the authentic deed has permanent legal force. and violations committed by the parties against the contents of the peace agreement can be directly executed based on the strength of legal standing.Keywords: Authentic Deed; Notary; Peace Agreement Deed.
Legal Analysis of the Legal Consequences of the Cancellation of the Deed of Land Sale and Purchase Agreement (Case Study of Case Number 154/Pdt.G/2022/PN.Smg) Syahputra, Muhammad Rizqi; Suwondo, Denny
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land sale and purchase is a reciprocal agreement involving the seller and the buyer. The content of the promise in question is where one party carries out its obligations, while the other party acknowledges it or promises to provide compensation if there is a violation of the contents of the contract. The agreement is intended as a preliminary agreement of the main intention of the parties to transfer land rights. The research approach method is a normative legal approach. A research method that obtains legal knowledge by emphasizing the provisions of applicable regulatory laws. This type of research is by examining library materials and secondary data including primary legal materials, secondary legal materials and tertiary legal materials, in the form of documents or applicable laws and regulations related to this approach method. Legal protection for the fulfillment of the rights of the parties if one party defaults in the sale and purchase agreement is highly dependent on the strength and binding sale and purchase agreement made. The law on Cancellation of the Sale and Purchase Agreement is that the parties may be subject to a fine of an amount that has been agreed upon from the amount that the buyer must pay to the seller or buyer, for each day of delay. Legal Considerations from the Judge on the Cancellation of the Deed of Sale and Purchase of Land Case Number 154/Pdt.G/2022/PN.Smg, According to the author, it is in accordance with the applicable legal regulations as explained by the author previously, where in this case the Agreement ends and as far as necessary both parties release themselves from what is stipulated in Article 1266 and Article 1267 of the Civil Code, and the Seller is obliged to return the money that has been paid by the Buyer after deducting a few percent from the selling price of the land and building as a replacement for the costs incurred by the Seller plus a fine that must be paid by the Buyer to the Seller.
Notary's Responsibility for the Criminal Act of Forgery of Authentic Deeds (Study of Decision Number 1003 K/Pid/2015) Nuraini, Rubit Wahyu; Arifullah, Achmad
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in Law Number 2 of 2014 concerning the amendment to Law Number 30 of 2004 concerning the Position of Notary. This study aims to analyze the responsibility of notaries for the criminal act of forgery of authentic deeds with a case study in Decision Number 1003 K/Pid/2015. The main focus of this study is to understand the legal position of notaries in the context of making authentic deeds and the legal implications that arise if forgery occurs. In addition, this study also explores aspects of criminal and civil law related to the responsibility of notaries in carrying out their duties, in order to provide recommendations for legal protection for the injured parties. The research method used is a normative legal approach by examining laws and regulations and case approaches, legal doctrines, and case studies of court decisions. Data were collected through literature studies and analysis of related legal documents. The analysis was carried out descriptively qualitatively to obtain a comprehensive picture of the notary's responsibility in cases of forgery of authentic deeds. The results of the study indicate that notaries have legal responsibilities both civilly, criminally, and administratively in making authentic deeds. Decision Number 1003 K/Pid/2015 reveals that forgery of authentic deeds can result in criminal sanctions for notaries who are proven to be negligent or intentionally violating the law. From this study, it is recommended that there be strengthening of regulations and supervision of the notary profession in order to prevent abuse of authority in making authentic deeds.
Use of Fingerprints as Authentication of the Applicant's Identity in Notarial Deed Minutes Based on Electronic Systems Sujiyanto, Daniel Adi; Darmadi, Nanang Sri
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This study aims to determine the practice of notaries in Indonesia, namely the placement of the facer's fingerprints as authentic and vital evidence in various transactions, requiring adaptation to face the challenges of forgery and maintain validity. The placement of the facer's fingerprints emerged as a solution to improve security and legal certainty, using a normative legal approach with a statutory approach method. Then the data was collected from primary legal materials (Notary Law and related regulations), secondary (legal literature and journals), and tertiary (dictionary and legal encyclopedia). Data collection methods include literature studies, field observations, and interviews with competent sources. Data analysis used a qualitative descriptive-analytical method with a deductive-inductive thinking framework. The results of the study show that the Notary Law requires the placement of fingerprints to increase the validity of the deed. Fingerprints, as unique biometrics, provide stronger legal certainty. However, its implementation faces technical challenges (system accuracy, infrastructure), legal (uncomprehensive regulations, personal data protection), and social (public trust, digital literacy). Comprehensive and integrated regulations, which take into account technical, legal and social aspects, are crucial to ensure the effectiveness, security and fairness in the implementation of fingerprinting in the making of notarial deeds.Keywords: Digitalization; Fingerprints; Notary.
Responsibility of Land Deed Officials (Ppat) in Providing Unfinished Name Transfer Services Parhan, Parhan; Fajar Riyanto, Taufan
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study aims to determine the responsibility of the Land Deed Official (PPAT) for unfinished name change services and to determine the legal consequences of unfinished name change services. This study uses 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. Based on the research conducted, it can be seen that the responsibility of the PPAT includes Civil, Criminal, Administrative, and PPAT Code of Ethics obligations. If the Deed has been carried out in accordance with the procedure and there is a delay caused by the negligence of the PPAT, then in practice the PPAT can be sued for compensation for the delay if the delay causes losses to the parties. The legal consequences of the transfer of Land Rights that are registered late are that the Deed cannot be registered for the Transfer of Rights at the National Land Agency Office and this is the personal responsibility of the PPAT because the PPAT is obliged to comply with the registration period for the transfer of Rights, which is a maximum of seven working days from the signing of the Deed. PPAT itself can be subject to administrative sanctions in the form of a written warning and in serious cases PPAT can be dismissed from his position. And if force majeure occurs, PPAT cannot be sued because it is beyond the fault of PPAT as long as all procedures required by the National Land Agency have been fulfilled.Keywords: Effectiveness; Empirical; Legal; Responsibility.
The Role of the Regional Supervisory Board in Enforcing the Notary Code of Ethics in Sragen Regency Suyatmi, Suyatmi; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
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 the Regional Supervisory Council in the implementation of the enforcement of the notary code of ethics in Sragen Regency. 2) Challenges of the Regional Supervisory Council (MPD) of Notaries in the framework of enforcing the code of ethics for notaries in Sragen Regency. This type of research is included in the scope of empirical 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 the Regional Supervisory Council in the implementation of the enforcement of the notary code of ethics in Sragen Regency is to ensure that notaries carry out their duties in accordance with the code of ethics and applicable laws and regulations. MPD functions as a supervisor and mentor, with the main task of providing guidance through socialization, training, and evaluation of notary performance in order to prevent violations. In addition, MPD also periodically supervises notary protocols and follows up on public complaints regarding alleged violations of the code of ethics or notary positions. As a supervisory institution, the MPD has the authority to hold hearings on alleged violations, grant leave permits, appoint replacement notaries, and determine the storage location for protocols that are 25 years oldormore. 2) Challenges of the Regional Supervisory Council (MPD) of Notaries in enforcing the code of ethics for notaries in Sragen Regency, namely the Regional Supervisory Council (MPD) of Notaries in Sragen Regency faces various challenges in enforcing the code of ethics, including limited authority, lack of resources, minimal supporting facilities, and low legal awareness among the community and notaries themselves. In addition, complex bureaucracy and a legal culture that is still developing also hamper the effectiveness of supervision. Therefore, it is necessary to strengthen regulations, increase the capacity of the MPD, optimize facilities, and provide legal education for the community and notaries in order to create more effective and professional supervision.Keywords: Code of Ethics Enforcement; MPD; Notary
The Role of The Police in Investigations of Corruption Criminal Acts Involving Notaries Kurniawati, Umi Hani
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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 Abstract. The research entitled "The Role of the Police in Investigating Corruption Crimes Involving Notaries" examines the Authority and Role of the Police in Conducting Investigations of Corruption Crimes Involving Notaries, as well as to explore the extent of the Police's efforts in Balancing the Interests of Law Enforcement and Protection of the Notary Profession in Investigations of Corruption Crimes, which is expected to provide deeper insight into the dynamics of investigations and the need for effective law enforcement. This research method uses a normative legal approach, meaning that the research is conducted using a literature study approach and a statute approach. Data type The type of data uses secondary data obtained from a literature study. The analysis in this study is prescriptive. The results of the study show that although the police have an important role in investigating corruption crimes involving notaries, they face various challenges, such as the confidentiality of the notary profession and the complexity of the case. This study recommends improving training for investigators, strengthening inter-agency cooperation, and changing policies that support law enforcement. With these steps, it is hoped that the police can be more effective in eradicating corruption and maintaining the integrity of the notary profession.Keywords: Corruption Crime; Investigation; Notary; Police.
Legal Force of Electronic Signatures as a Valid Evidence in Authentic Deeds Sterisa, Raden Roro Nadia; Arifulloh, Achmad
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. The Legal Power of Electronic Signatures as Valid Proof of Authentic Deeds, becomes a problem because the Notary Law has not explicitly regulated the authority of notaries in using electronic signatures for authentic deeds, although the Electronic Transactions and Information Law has recognized the validity of electronic signatures. This study aims to analyze: 1) the legal power of electronic signatures as valid proof of authentic deeds according to the Notary Law and the Electronic Transactions and Information Law 2) the resolution of normative conflicts regarding the legal power of electronic signatures as valid proof of authentic deeds between the provisions of the Notary Law and the Electronic Transactions and Information Law. The approach method in this study is the statute approach. This type of research is normative research. 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 show that the Legal Power of Electronic Signatures as Valid Proof of Authentic Deeds According to the Notary Law and the Electronic Transactions and Information Law, in making authentic deeds still requires wet signatures and the physical presence of the parties before the notary, based on the explanation of Article 15 paragraph (3) of the Notary Law is not in line with Article 16 paragraph (1) letters m and c of the Notary Law. Article 16 paragraph (1) letters m and c concerning the authority of the notary in paragraph (1) can cause problems regarding the authenticity of the deed in the application of electronic signatures. Therefore, the use of electronic signatures on partij and relaas deeds still does not have its validity. The resolution of the conflict of norms regarding the legal force of electronic signatures as a valid evidentiary force in authentic deeds between the provisions of the Notary Law and the Electronic Transactions and Information Law requires a comprehensive approach so that the use of electronic signatures in making authentic deeds can be widely accepted and provide legal certainty for all parties involved by prioritizing the principle of lex specialis, and carrying out conformity between the Notary Law and the Electronic Transactions and Information Law.Keywords: Legal Power, Signature, Authentic Deed.
Role and Responsibility of Notaries in Making Wills That Have the Potential to Violate Heirs' Rights Based on Islamic Inheritance Law in Jepara District Purwanto, Purwanto
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to determine and analyze the role and responsibility of Notaries in making wills that have the potential to violate heirs' rights based on Islamic inheritance law in Jepara District. This study uses an empirical juridical approach, the research specifications are descriptive qualitative, the data collection method for primary data is by interview and secondary data is by literature study, the data analysis method is descriptive analysis. Based on the results of the data analysis, it can be concluded that Jepara Notaries have a very large role and responsibility in preventing inheritance disputes in the Jepara area, namely that notaries must always educate heirs who wish to make a will so that in making the will they do not violate the maximum limit that may be bequeathed.
The Role of Notaries in the Implementation of Credit Agreements with Guarantee of Mortgage Rights Susanto, Mellany Ayu; Adillah, Siti Ummu
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The role of a Notary is needed to ensure that the implementation of the credit agreement runs smoothly. This study aims to analyze the role of a Notary in the implementation of a credit agreement with collateral rights at Bank BRI Unit Sendangmulyo and to identify the obstacles faced in the process. This study also seeks to find solutions to various obstacles that arise. The research approach method is sociological juridical. The research specification is descriptive analytical. The type of data uses primary and secondary data, the primary data collection method uses observation and interviews, and secondary data uses literature studies. The analysis method is qualitative descriptive analysis. The results of the study indicate that in running its business, Bank BRI Unit Sendangmulyo involves a Notary as a working partner. The Notary acts as a public official who is authorized to make authentic deeds for credit agreements, including deeds related to collateral rights. Meanwhile, obstacles from the Notary include obstacles from the Customer, obstacles from the Bank, and obstacles from the Notary. Obstacles originating from the Customer are the use of credit deviating from its original purpose. Efforts made in the form of policies in saving bad credit through rescheduling, reconditioning, restructuring. Obstacles from the Bank are negligence of bank officers, the Head of the credit section concerned is absent, and the distance between the Notary's office and the BRI Unit Sendangmulyo office is far. The effort is to urge Bank officers to be more focused. Obstacles from the Notary are the Notary's carelessness and the failure to change the name on the certificate used as the Mortgage Right and the accuracy of the promise by the debtor customer. The effort is to increase the Notary's caution and to check the documents before the credit agreement is signed to obtain certainty on behalf of the certificate and all parties must reach an agreement.

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