cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ong Argo Victoria
Contact Email
tabelius@unissula.ac.id
Phone
+6281325424803
Journal Mail Official
tabelius@unissula.ac.id
Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia
Location
Kota semarang,
Jawa tengah
INDONESIA
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 15 Documents
 1   2 
Search results for , issue "Vol 3, No 2 (2025): June 2025" : 15 Documents clear
Legal Protection for Religious Foundations Over Land Ownership Certificates Granted Iqbal, Muhammad
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to determine and analyze the legal protection of religious foundations for land grant certificates and to determine and analyze the legal procedures for religious foundations to obtain land grant certificate status. The research approach method used in this thesis is the normative legal research method. The specifications of this study use normative legal research. The types of data used in this study are primary data including the 1945 Constitution;civil law book, compilation of Islamic law, basic law on agrarian principles, PP no. 38 of 1963, and ATR/BPN head regulation no. 2 in 2013, as well as secondary data containing books and other supporting documents. Data collection research with document study research techniques or library materials. The data analysis method used in analyzing the data is qualitative analysis, namely the inventory of primary and secondary legal materials in a structured manner. The results of the study will describe the results of the Research and discussion consisting of; Regulation of legal protection for religious foundations for land grant certificates, and Legal procedures for religious foundations to obtain land grant certificate status.
The Role of Notaries in Supporting the Implementation of Online Single Submission (OSS) in Establishing Business Licensing Najmuddin, Muhammad; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract. This study aims to analyze: 1) The role of notaries in supporting the implementation of Online Single Submission (OSS) in the licensing process for establishing a business entity in Batam. 2) Obstacles and solutions in the implementation of Online Single Submission (OSS) related to licensing for establishing a business entity in Batam. This type of research is empirical legal research. The approach method in this study is a sociological legal approach. The types of data in this study are primary and secondary data. The data collection method uses interview and literature (study document) techniques. The analysis in this study is prescriptive. The results of the study concluded: 1) The role of notaries in supporting the implementation of Online Single Submission (OSS) in the licensing process for establishing a business entity in Batam, namely as a compiler of authentic deeds of establishment of a business entity, as a legal facilitator, administrative assistant, and a communication bridge between business actors and the OSS system and government agencies. This role includes ensuring formal legality through deeds and ratification from the Ministry of Law and Human Rights, verification of legal data such as KBLI and company structure, and special assistance for MSMEs and foreign investors who often experience obstacles in navigating the OSS and IBOSS systems. In areas with complexity such as Batam, the active and adaptive role of notaries is the key to the success of the digital business licensing process. 2) Obstacles in the implementation of Online Single Submission (OSS) related to business establishment licensing in Batam still face a number of challenges, including the less than optimal integration between the national OSS and local IBOSS, limited human resources and information technology infrastructure, low understanding of business actors regarding digital systems, overlapping authority between BP Batam and the City Government, and minimal socialization and technical training. Solutions to overcome these obstacles include comprehensive system harmonization, increasing institutional and technological capacity, strengthening the role of notaries as official partners for OSS assistance, establishing clear technical regulations related to institutional authority, and massive education programs for business actors. If implemented consistently, OSS in Batam can become a digital licensing model that is efficient and responsive to the needs of areas with special status.Keywords: Business Entity; OSS; Licensing.
Problems Regarding the Impact of Residential Land Acquisition on Land and Building Compensation Does Not Cover Community Business Activities Mansyah, Angra; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract. This study aims to determine how the problems, laws, and obstacles of the impact of land acquisition for settlements on land and building compensation do not cover community business activities, a case study of the Kendari-Toronipa road, the author uses the method of legal research is empirical legal research (sociological). Namely research that uses empirical facts taken from human behavior, both verbal behavior obtained through interviews and real behavior carried out through direct observation with normative juridical as a writing approach, The results of the study show that the construction of the Kendari-Toronipa main road has reaped many problems including compensation that is not in accordance with the initial agreement or changes from the relevant government to the affected community, then there is no compensation for community business activities, this shows the community's ignorance and the absence of socialization regarding compensation for land does not cover business activities. The draft planning and legal certainty applicable in terms of land acquisition and compensation in Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest and its update to the Government Regulation in Lieu of Law Number 39 of 2023. The Southeast Sulawesi Provincial Government in the construction of the Kendari-Toronipa road which is based on Land Acquisition for Development in the Public Interest, however, in its implementation not all are applied from the informants interviewed by the researcher, many of them still receive compensation that is not in accordance with the agreement or deliberation that has been carried out, and the application of compensation does not cover community business activities that are not applied at all by the government, in this case in the case of compensation for Kasilampe Beach, Mata Village, and businesses that do not receive compensation for the business losses they experience.Keywords: compensation; land acquisition; Problems.
Legal Settlement of Fiduciary Guarantee Objects Transferred by Debtors to Third Parties Setiyo Nugroho, Latif; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze: 1) The application of criminal sanctions against acts of transfer of fiduciary collateral. 2) Alternative non-litigation efforts in law enforcement against acts of transfer of fiduciary collateral. This type of research is normative legal research. The approach method in this study is the statute approach. The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study document). The analysis in this study is prescriptive. The results of the study concluded: 1) The application of criminal sanctions against the act of transferring fiduciary collateral without written consent from the creditor is a form of legal protection for creditor rights and an effort to uphold the principle of legal certainty in financing agreements. Based on Article 23 paragraph (2) and Article 36 of Law Number 42 of 1999 concerning Fiduciary Collateral, the act of transferring, pawning, or renting fiduciary collateral without written consent from the fiduciary recipient is categorized as a criminal act, with a maximum prison sentence of two years and a maximum fine of fifty million rupiah. The criminal elements in these provisions are alternative, so that the fulfillment of one form of action (transferring, pawning, or renting) without the creditor's consent is sufficient to ensnare the perpetrator criminally. The application of this provision can be seen in the Decision of the Jepara District Court No. 320/Pid.Sus/2011/PN Jpr, where the defendant was sentenced to prison and a fine for the act of re-pledged fiduciary objects without permission. 2) Alternative non-litigation efforts in law enforcement against acts of transfer of fiduciary collateral are effective and efficient means of law enforcement against acts of transfer of fiduciary collateral without the consent of the creditor. Settlement through non-litigation channels such as consultation, negotiation, mediation, conciliation, or expert assessment can be a solution that prioritizes the principles of justice, benefit, and efficiency of time and cost compared to a long criminal justice process.
Legal Implications of Notarial Deed Signing Reading Not Carried Out Simultaneously by the Parties Before a Notary Public PPAT Kusuma Putra, Erico Setyawan; Shallman, Shallman
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract. The form and procedures stipulated by Law No. 2 of 2014 concerning the Position of Notary and Regulation Order 24 of 2016 concerning the Land Deed Making Official are clear, however, there is a Reading and Signing of Notarial Deeds that are not carried out simultaneously by the Parties in the presence of the Notary and the Land Deed Making Official, so the author would like to describe the Legal Implications in the Reading and Signing of Notarial Deeds that are not carried out simultaneously by the Parties in the presence of the Notary and the Land Deed Making Official and their Responsibilities. The writing method uses a normative legal approach in order to obtain the conclusion that the Notary Position Law, Government Regulation concerning the Land Deed Making Official and other regulations have regulated it well, both implicitly and explicitly. Thus, the results of the discussion obtained are as follows: (1) Authentic Deeds are closely related to the obligations and sanctions given to Notaries. Notaries are authorized to make authentic deeds as regulated in Article 15 of Law No. 2 of 2014 concerning the Position of Notaries. Notaries in carrying out their authority have obligations that must be carried out as regulated in Article 16 paragraph (1) letter I and paragraph (8). Where if it is not fulfilled, its authenticity will be lost unless there is an obstacle in accordance with Article 44 paragraph (1) while in the Regulation of Order 24 of 2016 concerning Land Deed Making Officials, the authority is contained in Article 2 which has obligations that must be carried out in accordance with Article 22. The legal implication is that it can be canceled or null and void by law because it does not meet the subjective requirements in the form of an agreement between the parties and the objective requirements in the form of a lawful cause. In addition, the making of a deed which contains a procedure that is not in accordance with the making of the deed results in the deed being formally defective (2)if provencan be dismissed dishonorably for not carrying out his duties and position properly.and civil and criminal sanctions may be imposed depending on how much the negligence causes losses to the parties.Keywords: Land Titles Registrar; Notary Public; Reading and Signing.
The Validity of Land Ownership Granted by Fellow Indonesian Citizens Based on a Name-Loan Agreement (Case Study at the Sharia Savings and Loans Cooperative and Financing Baitul Maal Wat Tamwil Dinar Rahmat Insani Muamalat, Tegal Regency) Ani, Nafa; Witasari, Aryani
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research aims to analyze the legal validity of land ownership based on nominee agreements between Indonesian citizens, with a case study at KSPS BMT DRI Muamalat in Tegal Regency. Nominee agreements, although not explicitly regulated in the Indonesian Civil Code (KUHPerdata), are commonly practiced to circumvent legal restrictions on land ownership. This study uses a normative juridical approach with descriptive-analytical specifications. Data were collected through literature studies and interviews, then analyzed qualitatively. The findings show that nominee agreements may lead to legal uncertainty and violate the principle of good faith, especially when used to conceal actual ownership. Notaries involved in such agreements remain responsible for ensuring that the legal documents they prepare comply with prevailing laws and do not facilitate unlawful arrangements. 
Implementation of The Precautionary Principle In The Making of Land Deeds To Avoid This Occurrence Land Certificate Duplication In Ambon City Syafi'I, Muhammad Yusuf; Hasana, Dahniarti
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract. This study examines the application of the precautionary principle by Land Deed Officials (PPAT) in making land deeds to prevent duplication of land certificates in Ambon City. Duplication of land certificates is a serious problem in Ambon City with 8 cases recorded in the last 14 years (2010-2023), although the number is smaller compared to big cities in Indonesia. This situation is exacerbated by several factors unique to Ambon City, namely the customary land ownership system (petuanan land/state land), the impact of the 1999 social conflict which caused many land documents to be damaged or lost, and weaknesses in land administration. The study used an empirical legal method with a statutory and conceptual approach. Data were obtained through interviews with PPAT and officials of the Ambon City Land Office, as well as documentation studies. The results of the study indicate that PPAT in Ambon City has implemented the principle of prudence through several steps: checking the identity and authority of the parties, checking the validity of land certificates, verifying supporting documents, coordinating with the Land Office and related agencies, providing legal counseling to the parties, and refusing to make a deed if there is an indication of incorrect data. Efforts to improve the effectiveness of the implementation of the precautionary principle include: increasing science and knowledge, modernizing the land service system, standardizing services and procedures, empowering professional organizations, strengthening law enforcement, and strengthening supervision and coaching mechanisms. Based on the SWOT analysis, increasing the effectiveness of the implementation of the precautionary principle of PPAT in Ambon City requires a comprehensive approach by utilizing existing strengths and opportunities, as well as overcoming weaknesses and anticipating threats.Keywords: Duplication of Certificates; Land Deed; Principle of Prudence; PPAT.
Legal Review of the Implementation of the Self-Protection Clause in Notarial Deeds If There is a Person Who Denies Pratiwi, Carika Dian; Shallman, Shallman
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract. This study aims to analyze: 1) The legal force of the notary's self-protection clause in the deed if there is a party who denies it. 2) The legal consequences for a notary who does not include a self-protection clause in the notarial deed. This type of research is normative legal research. The approach method in this study is the statute approach. The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study documents). The analysis in this study is prescriptive. The results of the study concluded: 1) The legal force of the notary's self-protection clause in the deed is legally limited because it is not explicitly regulated in the Notary Law. However, the inclusion of this clause is still permitted as long as it does not conflict with the law, morality, and public order. This clause functions as additional evidence that the notary has carried out his duties carefully and professionally. Although it does not exempt the notary from legal responsibility in the event of a dispute, the existence of this clause can strengthen the notary's position in the process of proving that he is not responsible for the material truth of the contents of the deed. This is important in dealing with the potential criminalization of the notary profession which often occurs due to denials from the parties. 2) The legal consequences for a notary who does not include a self-protection clause in a notarial deed are that it is not a violation of positive law, but has the potential to cause adverse legal impacts for the notary. Without this clause, the notary's position becomes weaker when facing lawsuits or accusations, especially regarding false information in the deed. This makes it difficult for the notary to show that he only recorded the wishes of the parties, not guaranteeing the truth of the material. From the perspective of Philipus M. Hadjon's legal protection theory, the absence of this clause means weakening preventive and repressive legal protection for notaries. Therefore, the inclusion of a self-protection clause should be standard practice in the making of notarial deeds as a form of legal protection and an effort to maintain professionalism in carrying out duties.Keywords: Applicant; Notarial Deed; Self-Protection Clause.
Responsibilities and Legal Protection of Notaries as Public Officials in Issuing Covernotes Reviewed from the Perspective of Guarantee Law Maulida Hanum, Nindy; Witasari, Aryani
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Covernote is a unilateral statement from a Notary that has no binding force, as an ordinary statement, a covernote is not classified as a notarial deed. Covernotes made by Notaries in practice give rise to several legal issues. In connection with this,The author conducted the research with the aim of finding out and analyzing it legally. conducting legal research regarding the responsibilities and protection of Notaries as public officials in issuing covernotes. To find out the above objectives, the method used is a juridical-empirical method that combines legal analysis and field data. A sociological juridical approach is applied to understand the relationship between law and social conditions, as well as the challenges faced by Notaries. Primary data is obtained from interviews with Notaries, while secondary data is taken from legal sources and related literature. Qualitative analysis is used to describe the phenomenon and understand the responsibilities of Notariesand protection of Notaries as public officials in issuing covernotes. Covernotes are not classified as authentic deeds and if the issuance of a covernote causes a loss, the Notary can be held legally responsible, both criminally and civilly. Legal protection for Notaries includes preventive aspects, such as the obligations regulated in Article 16 paragraph (1) of the Notary Law, as well as repressive aspects in the form of sanctions if a violation occurs. To clarify the Notary's responsibility in issuing a covernote, special regulations are needed in the Notary Law. In addition, Notaries are advised to be careful in issuing a covernote by ensuring that the information is in accordance with the facts.
Land Status of The Community of Kampung Tua In Batam City After The Birth of Agrarian Law Aurelia, Gina; Darmadi, Nanang Sri
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract. Land registration in Batam only started in the 1990s. Land certification in the authority area began with the birth of the Management Rights (HPL) held by BP Batam.The exclusion of the existence of old villages in the formation of the Batam Authority, is evident in the granting of HPL to the Batam Authority by the Government as stated in the Decree of the Minister of Home Affairs No. 43 of 1977. The granting of HPL to the Batam Authority in this Decree is possible on locations that are not yet clear and clean, if there is community land that is still controlled/cultivated or owned with certain rights on the land area that has been issued with an HPL Decree, only given the option to receive compensation. The purpose of this study is to analyze: 1) a legal review of the status of land ownership of old villages in Batam City according to Agrarian Law. 2)Legal protection of land ownership rights in the Old Village community of Batam City after the Agrarian Law.This type of research is normative legal research. The approach method in this research iscase study approach and legislation approach. The type and source of data in this study are secondary data. Data analysis is an activity in research in the form of conducting a study of the results of data processing. The results of this study are According to Article 3 of the UUPA, there is a statement of recognition regarding the existence of customary rights of customary law communities as long as they still exist in reality, meaning that if in reality they do not exist, then the customary rights will not be revived, and no new customary rights will be created. Customary rights are allowed to continue to be regulated by each customary law community. Old villages, or customary law communities, have a special place in the UUPA (Basic Agrarian Law). The UUPA recognizes the existence of customary law communities and their customary rights, as long as they still exist and do not conflict with national interests.Keywords: Agrarian Law; Batam City; Land; Old Village.

Page 1 of 2 | Total Record : 15

 1   2 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol 3, No 3 (2025): September 2025 Vol 3, No 2 (2025): June 2025 Vol 3, No 1 (2025): March 2025 Vol 2, No 4 (2024): December 2024 Vol 2, No 3 (2024): September 2024 Vol 2, No 2 (2024): June 2024 Vol 2, No 1 (2024): March 2024 Vol 1, No 4 (2023): December 2023 Vol 1, No 3 (2023): September 2023 Vol 1, No 2 (2023): June 2023 Vol 1, No 1 (2023): March 2023 More Issue