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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 28 Documents
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Search results for , issue "Vol 3, No 1 (2025): March 2025" : 28 Documents clear
Misuse of The Notary's Right to Reject in Investigation of Criminal Cases Regarding Deeds He Made Iswahyudi, Iswahyudi; 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. Notaries have an important role in ensuring legal certainty through the creation of authentic deeds. However, in practice, the right of denial held by notaries often becomes an obstacle in the investigation of criminal cases involving deeds they have made. This right aims to protect the confidentiality of the position and the interests of the client, but on the other hand, it can hinder the law enforcement process when the notary refuses to comply with the investigator's summons. This study uses a normative legal approach, meaning that the study was 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 this study indicate that although notaries are given legal protection to maintain their professional independence, there is tension between the notary's legal obligation to comply with investigators' summons and the right to maintain the confidentiality of documents created. Failure to comply with investigators' summons can result in administrative or criminal sanctions, as well as hinder investigations and law enforcement. To maintain a balance between the protection of the notary profession and law enforcement, there needs to be strengthening of professional supervision and revision of regulations related to investigation procedures for notary documents. This study also highlights the importance of ongoing education for notaries regarding their rights and obligations, as well as training for investigators to understand the limitations of their authority in handling notary documents, in order to avoid abuse of authority and maintain the principle of due process of law.Keywords: Authentic Deed; Criminal Investigation; Notary; Right of Refusal
Legal Implications in The Execution of a Will Without Making a Will Authentic Deed in the Conception of Legal Certainty Nuha, Revana Mahran; 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. The legal system in Indonesia is pluralistic in nature, in which it applies as a legal system that has its own characteristics and structure, namely the customary legal system, the Islamic legal system, the western legal system (civil). In this case, inheritance law is also regulated in it. Where in Islam, a "will" is an act of someone giving an object or benefit to another person or institution/legal entity, which is valid after the giver dies, the research method uses a normative legal approach. The specification of legal research that will be used in this writing is descriptive research, the method of data collection in this study through literature studies and documentation studies. Data analysis in a systematic way includes data reduction, data presentation and drawing conclusions. Based on the research results, it can be concluded that the Legal Implications for the Implementation of a Will Without Making an Authentic Deed in the Concept of Legal Certainty, namely the legal certainty of a will without a Notary deed in the KHI with the Civil Code is that it has a written legal basis, is the last statement of the testator after before he died and its implementation after the testator dies, can be revoked and can be cancelled or canceled, has the aim of human welfare so that there is no dispute between the heirs. The difference between a will without a Notary deed in the KHI is a minimum age of 21 years while the Civil Code is a minimum age of 18 years, seen from the recipient of the will in the KHI, namely another person or institution while the Civil Code is an outsider and the heir, seen from its form in the KHI, namely oral or written or before a Notary while the Civil Code is written before a Notary or deposited/stored by a Notary. Legal Protection for Will Recipients Who Make Wills Without Making an Authentic Deed If There is a Dispute Between the Parties, namely the legal consequences of wills without a Notarial deed, making the will vulnerable to lawsuits from interested parties because the evidence is not strong enough and there is no legal certainty. According to the KHI and the Civil Code, wills need to be proven authentically, this is intended so that negative things that are not desired by the testator or the will recipient do not occur.Keywords: Certainty; customary; Legal; Notarial.
Responsibility of Land Deed Officials (PPAT) as Participants in The Issue of Sale and Purchase Deeds Cancelled By The Court in West Jakarta Akmal, Yurizal; Sugiharto, Sugiharto
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 and analyze the form of implementation of accountability. the answer from the land deed making official (PPAT) as a participating party legal actions regarding the deed of sale and purchase made in West Jakarta and knowing and analyzing the legal consequences of the cancellation of the deed of sale and purchase of land made before the land deed making official (PPAT) by the West Jakarta Court. The results of the research and discussion in this study are: The form of implementation of the responsibility of the land deed making official (PPAT) as a party involved in the legal act on the deed of sale and purchase made in West Jakarta can be seen from the PPAT who carried out the transfer of land rights by making a Deed of Sale and Purchase which was based on a legally flawed due to the deviation of the principle of carelessness of the PPAT in carrying out his position. So that in this study it can be seen that F., SH, M.Kn. and IR, SH, M.Kn. are categorized as parties involved in the legal act on the deed of sale and purchase where it is categorized as joint participation in falsifying authentic documents and money laundering on the deed which is a legal product made so that the defendants are burdened with principal and additional criminal penalties which result in the deed being declared null and void by law and the legal consequences of the cancellation of the deed of sale and purchase of land made before the land deed making official (PPAT) by the West Jakarta court are that it is declared null and void (niegtigheid van rechtswege) and all are returned to their original state to the late. CIM, which in this case is the heir of the deceased, is back to NZ Zubir, where due to the carelessness of the PPAT in making its legal product based on the decision Number: 248 / P \ Pid.B / 2022 / PN Jkt.Brt and is burdened with imprisonment for 2 years and 8 months each, a fine of Rp. 1,000,000,000, - (one billion rupiah) but if the fine is not paid then it is replaced with imprisonment for 1 month each.Keywords: Accountability, PPAT, Participation, Making AJB
Legal Power of Deeds of Officers Making Legal Defective Land Deeds Rodli, Achmad; Shallman, Shallman
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. Legal actions stated by the parties in the deed made by the PPAT have evidentiary power but do not guarantee freedom from disputes between other interested parties, as is often seen in buying/selling transactions. This study aims to analyze the role of the Land Deed Making Officer (PPAT) in providing legal certainty through the making of valid deeds in accordance with applicable legal provisions. The research methods used are normative, legal, and conceptual. The results of the study indicate that deeds made by PPAT have an important role in ensuring legal certainty for land rights holders. However, there is a risk of legal defects that may arise due to non-compliance with applicable provisions. In addition, court decisions that confirm violations of the law by PPAT indicate the need for increased supervision and law enforcement of PPAT practices. This study recommends the need for ongoing PPAT training and strengthening regulations to prevent violations and increase public trust in the land registration system.Keywords: Making Official Land Deeds, Legal Certainty, Authentic Deeds, Land and Building Tax, Legal Violations.
Notary's Responsibility for The Occurrence of Identity Forgery in The Making of Authentic Deeds (Demak District Court Decision Study No.143/Pid.B/2023/PN Dmk) Shaifuddin, Muhammad; Taufiq, Muhammad
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. Currently the number of Notaries in Indonesia is increasing and making Notaries only focus on the large number of deeds made every day, so this creates a legal loophole, namely that the parties can use fake identities. This study aims to determine the responsibility of Notaries in the event of and legal protection for Notaries if there is falsification of identity carried out by the party in making authentic deeds with a case study on the Decision of the Demak District Court Number Decision 143 / Pid.B / 2023 / PN Dmk. This research method uses a normative legal approach, meaning that the research is conducted using a literature study approach and a statute approach. 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 a Notary's deed whose face is using a false identity cannot be treated as an authentic deed. Regarding legal protection for Notaries, this can be done by adding a clause at the end of the deed stating that the Notary is not responsible for the false data of the face.Keywords: Authentic Deed; Criminal Investigation; Right of Refusal; Notary.
Notary's Responsibility for Violation of Code of Ethics in Signing Authentic Deeds by Sending Minutes of Deeds Fitrianingtyas, Asma' Fajar; Ma'ruf, Umar
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 actions of Notaries when signing authentic deeds by sending minutes of authentic deeds and to determine and analyze the form of Notary's responsibility for violation of code of ethics in signing authentic deeds by sending minutes of authentic deeds. The results of the research and discussion in this study are: Notaries can sign authentic deeds by sending minutes of authentic deeds because they deviate from the principle of obedience and the Notary's Principle of Prudence towards the code of ethics of 2005 and 2015 Article 4 paragraph (6) of the notary's code of ethics, namely as a strict prohibition on Notaries in sending minutes to clients to be signed. This has an impact on the validity of the deed and the integrity of the notary profession. So that violations of the code of ethics, the Honorary Council will impose sanctions in the form of Reprimands, Warnings, Schorzing (temporary dismissal) from membership of the association, Onzetting (dismissal) from membership of the association, Dishonorable Dismissal from membership of the association and the responsibility of the Notary in sending authentic minutes of deeds has the potential to cause legal uncertainty, where as a form of responsibility the Notary can be subject to administrative, disciplinary, or even criminal sanctions in accordance with the provisions of Law Number 2 of 2014 concerning the Position of Notary. Legal responsibility for the Deed of Sale and Purchase Agreement made by a notary for sending the minutes of the deed to the client even though with the consent of the parties, the Notary can still be burdened with Administrative Sanctions by the Notary Honorary Council in the form of a written warning, so that the notary is responsible for maintaining the credibility of his profession and public trust in him.
Implementation of Land Registration Transformation Electronic Land Services at the Land Office of Tegal Regency Ulfah, Ulu Maeni; 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. The implementation of the transformation of land certificates from analog certificates to electronic certificates is carried out in stages through a media transfer process. The consideration for issuing the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning Electronic Certificates is to realize improved land services in order to improve public services to the community and indicators of ease of doing business, which are supported by information and communication technology by implementing electronic-based land services. The digitization of land certificates in Indonesia occurs when there is a new registration application and then the electronic land certificate process or media transfer from analog certificates to electronic land certificates is carried out, or due to something such as the practice of land buying and selling processes, changes in ownership status and others. Although there are no sanctions in the Regulation of the Minister of ATR/BPN Number 1 of 2021 concerning Electronic Certificates, for parties who are reluctant to digitize land certificates, it is undeniable that the digitization of land certificates in Indonesia will continue. Therefore, the ATR/BPN Office of Tegal Regency as the agency that technically oversees the land sector can prepare in terms of human resources (HR) and quality by prioritizing the principles of caution and accuracy.Keywords: Certificate; Digitalization; Electronic; Media.
Notary Protection of Authentic Deeds as Evidence in Criminal Cases Santoso, Irwan; Prayitno, Ahmad Hadi
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 purpose of this study is to determine and analyze the implementation of notarial protection for authentic deeds as evidence in criminal cases, to determine and analyze the obstacles and solutions to the implementation of notarial protection for authentic deeds as evidence in criminal cases. The research method used in this thesis is the sociological legal method. The results of the study indicate that: Obstacles to legal protection for notaries as public officials if indicated in a criminal case, which is regulated in this Law. Authentic deeds that must still be made and stored conventionally. Currently there are no regulations regarding the clarity of notarial actions that can be categorized as unlawful acts when carrying out their duties and responsibilities. The legal protection for notaries when carrying out their duties and responsibilities is not yet clear. There is no legal certainty that there are limitations in filing lawsuits by the parties when a violation of the law occurs by a notary, which of course must first be based on the results of the examination and determination of the Regional Supervisor/Regional Supervisor regarding the truth of the violation of the Notary Code of Ethics when carrying out their duties and responsibilities. Thus, a solution was drawn to overcome this, namely creating a mechanism regarding the obligation to provide evidence by the Notary Supervisor at the regional level so that the determination of the MPN becomes the basis for the parties to be able to file civil or criminal lawsuits.Keywords: Authentic Deed; Criminal Case; Legal Protection; Notary.

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