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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 15 Documents
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Search results for , issue "Vol 3, No 2 (2025): June 2025" : 15 Documents clear
Execution of Debt Guarantee in Subsidized Housing Credit Agreements Not Based on Deed of Grant of Mortgage Rights (APHT) Kostiawan, Shaiful; Arifulloh, Achmad
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 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 legal position of debt collateral in subsidized housing credit agreements that are not based on the Deed of Granting Mortgage Rights (APHT). 2) The procedure for executing debt collateral in subsidized housing credit agreements without APHT according to applicable laws and regulations. This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The type of data in this study is secondary data, consisting of primary, secondary and tertiary legal materials. The data collection method was obtained through literature study. The analysis in this study is prescriptive. The results of the study concluded: 1) The legal position of debt collateral in subsidized Home Ownership Credit (KPR) agreements that are not based on the Deed of Granting Mortgage Rights (APHT) is very weak in terms of juridical. Although the Regulation of the Minister of ATR/BPN Number 22 of 2017 provides leniency by allowing the use of a Power of Attorney to Charge Mortgage Rights (SKMHT) until the end of the credit agreement period, this does not change the fact that mortgage rights can only be legally recognized if they are made through an APHT and registered at the Land Office in accordance with the provisions of Law Number 4 of 1996 concerning Mortgage Rights. Without an APHT, the collateral provided by the debtor does not have legal execution power and does not provide perfect property rights for the creditor. 2) The procedure for executing debt collateral in a subsidized mortgage agreement that is not based on a Deed of Granting Mortgage Rights (APHT) cannot be carried out through a direct parate execution mechanism, as regulated in Law Number 4 of 1996 concerning Mortgage Rights. Without an APHT and registration of mortgage rights, the collateral does not have legal standing, so that the creditor does not have preferential rights or execution power over the collateral object. In this condition, the only legal route available to creditors is to seek settlement through a civil lawsuit on the basis of default, which tends to be longer, more complex and riskier.Keywords: Debt Guarantee Execution; Subsidized Housing Credit; KPR. 
Legal Analysis of Notary's Obligations in Reporting Suspicious Financial Transactions Based on the Principle of Recognizing Service Users in the Establishment of a Limited Liability Company Sasmita Sarip, Cicilia
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Notaries in their profession have obligations that must be obeyed. These notary obligations are stated in Article 16 of the UUJN. One of the notary's obligations is to keep confidential everything regarding the Deed they have made and all information obtained for the purpose of making the Deed. Based on PP No. 43 of 2015 concerning the Reporting Party in the Prevention and Eradication of Money Laundering Crimes, it adds to the obligations of Notaries as reporting parties. This Government Regulation requires notaries to report to the PPATK (Financial Transaction Reports and Analysis Center), regarding suspected money laundering crimes on deeds made by or before a notary as a public official. Notaries as reporting parties are required to implement the Principle of Recognizing Service Users (PMPJ). The method used by the researcher is normative juridical with a statutory approach. The specifications of this study are prescriptive. The type of data used is secondary data sourced from materials obtained from literature studies. Based on the results of the study that 1) Legal implications for the Obligations of notaries as reporting parties who report suspicious financial transactions are regulated in PP Number 43 of 2015, which is a derivative regulation of Law Number 8 of 2010 concerning the Eradication and Prevention of Money Laundering Crimes, adding notary obligations outside the obligations that have been regulated in the Notary Law. This is contrary to the law and triggers a dilemma in terms of its implementation and does not provide legal certainty. 2) Legal protection for notaries as reporting parties who report suspicious financial transactions based on the principle of recognizing service users for the establishment of a limited liability company aims to protect notaries as well as prevent the problem of money laundering crimes, especially those related to the preparation of the deed of establishment of a Limited Liability Company. Violation of these obligations can result in administrative sanctions based on the provisions of the Notary Law and the Eradication and Prevention of Money Laundering Law and its derivative regulations.
Legal Consequences of Sale and Purchase Using Guardianship Declaration Made by Not an Authorized Official Firdaus, Mohamad Bayu; Riyanto, Taufan Fajar
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. Land sale and purchase transactions involving minors must meet certain legal requirements, including the use of a valid guardianship letter. However, in practice, it is still found that the use of a Guardianship Certificate made by someone other than an authorized official does not meet the provisions of the law, thus causing legal consequences for the validity of the deed of sale and purchase. The purpose of this study is to analyze the considerations of the panel of judges in Decision Number 100/Pdt.G/2021/PN.Skt which cancels the sale and purchase of land rights using a guardianship certificate made not by an authorized official, and to analyze the legal consequences of the sale and purchase deed using a guardianship certificate made not by an authorized official. This study uses a normative legal research type which is carried out by examining library materials or secondary data. The data analysis method used in this study is qualitative with the Statute Approach method and the Case Approach. The results of this study are that the Sale and Purchase Deed Number is considered legally invalid because at that time one of the selling parties had not reached the age recognized by law to enter into an agreement. The Panel of Judges canceled the sale and purchase transaction using a guardianship certificate made not by an authorized official which was considered legally invalid because it did not fulfill the correct legal procedures related to the guardianship of minors, resulting in the sale and purchase deed and land ownership certificate products being legally invalid.Keywords: Certificate of guardianship; Deed of sale and purchase; Legal consequences.
The Role of Notaries in Commodity Futures Trading from the Perspective of Islamic Economic Law at Pt Equityworld Futures Semarang Zunitasari, Zunitasari
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Background: Commodity futures trading is one of the important instruments in the financial market that provides hedging opportunities and speculation on future commodity prices. In Indonesia, this activity is regulated and supervised by the Commodity Futures Trading Supervisory Agency (BAPPEBTI) and is carried out through futures exchanges such as the Jakarta Futures Exchange (JFX) or the Indonesia Commodity and Derivative Exchange (ICDX). In this transaction, the validity and legal force of the contract are very important to avoid disputes and ensure legal certainty for the parties. This is where the role of a notary becomes significant as a public official who validates the deeds of agreement and guarantees their formal validity. However, in the legal context, futures trading activities are often questioned as halal because they are feared to contain elements of gharar (uncertainty), masyir (gambling), and excessive speculation. Therefore, it is important to examine how the role of notaries in this futures trading can be aligned with the principles of Islamic economic law. Research Objectives: - to analyze the role of notaries in the creation and legalization of commodity futures trading contracts on futures exchanges. -assess the conformity of commodity futures trading practices with the principles of Islamic economic law. -explains how notaries can help maintain the validity of contracts so that they do not conflict with sharia principles, and become part of a legal system that guarantees justice and transparency in economic activities. The research method uses a normative legal research method, namely research that focuses on the analysis of legal norms.
Effectiveness of Regional Supervisory Boards In Supervision and Guidance of The Code of Ethics For Notaries In Pekanbaru City Heldawati, Eka Putri; 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

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Abstract. Article 70 and 71 of the Notary Law (UUJN) authorizes the Regional Supervisory Council (MPD) to supervise the implementation of the duties and authorities of Notaries, including holding hearings for violations of the code of ethics, examining protocols, granting leave permits, appointing substitute Notaries, and receiving reports of violations. This study aims to analyze: 1) The effectiveness of the Regional Supervisory Council (MPD) of Pekanbaru City in carrying out its supervisory and development functions for Notaries has not been effective. 2) What obstacles are faced by the Regional Supervisory Council (MPD) in carrying out its duties and authorities in Pekanbaru City. The approach method in this study is the Structural approach and economic analysis of law. This type of research uses empirical law. The types and sources of data in this study are primary data obtained through interviews and observations. The analysis in this study is descriptive qualitative. The results of the study indicate that the Regional Supervisory Council (MPD) has played an active role in following up on public complaints and carrying out its functions in accordance with legal provisions, but the effectiveness of the implementation of MPD supervision has not been optimal because it faces several obstacles such as reporting mechanisms, limited human resources, inconsistent sanctions and social barriers between Notaries, to increase the effectiveness of MPD supervision it is recommended to develop a more transparent and easily accessible reporting system, and strengthen direct supervision through routine inspections. In addition, the application of stricter and more consistent sanctions against violations committed by Notaries must be enforced fairly and effectively.Keywords: Effectiveness; Code of Ethics; Guidance; Notary; Regional Supervisory Board; Supervision.

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