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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 32 Documents
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Search results for , issue "Vol 3, No 3 (2025): September 2025" : 32 Documents clear
Protection of The Duties of The Notary's Office Towards Credit Guarantee Deeds of Certificates Which The Parties Refuse to Sign (Case Study Case Number 10/Pdt.G/2023/Pn.Pti) Ariyani, Farida; Handoko, Widhi
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. Notaries are authorized to create authentic deeds under the Notary Law, including credit agreements secured by certificates to provide legal certainty for creditors and debtors. However, in practice, disputes often arise when one party reneges on their signature, as in Pati District Court Decision Number 10/Pdt.G/2023/PN.Pti. This situation emphasizes the need for legal protection for notaries who have carried out their duties in accordance with the provisions, so that they are not burdened with responsibility for the actions of parties who do not act in good faith. This study analyzes the protection of the notary's position and also analyzes the judge's considerations in the decision. This study uses a normative juridical approach, employing a statute approach and a case approach. This type of research is normative. The data sources and types are secondary data obtained through literature review. The analysis is prescriptive. The results show that in the legal protection of professional positions, a notary can undertake two legal protection measures: preventive measures to prevent disputes from arising, and repressive measures through the courts. In the judge's considerations in case number:10/Pdt.G/2023/Pn.Pti, emphasized that legal reasoning must be based on facts, evidence, and applicable legal regulations. This dispute stems from the plaintiff's claim that he never signed a power of attorney or credit guarantee deed. However, it was legally proven that there was a Special Power of Attorney dated February 28, 2013, signed by the plaintiff. Because the plaintiff could not prove any forgery of the signature, the lawsuit was rejected in its entirety by the panel of judges. This decision emphasizes the importance of the principle of legal certainty. As long as there is no criminal decision related to forgery, the deed and power of attorney remain valid. Keywords: Credit; Guarantee; Notary; Notarial Deed; Protection.
The Role of a Notary in a Credit Agreement with Mortgage Guarantee at BPR Sinar Mas Pelita Sindanglaut Cirebon Senusha, Sekar; Adillah, Siti Umi
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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In carrying out micro business activities, banks provide several products to assist business actors in running their businesses by providing working capital loans with land ownership guarantees in the form of ownership certificates. The process in the implementation of financing credit by banks involves the role of Notaries. This study discusses the role of notaries in credit agreements with mortgage guarantees at BPR Sinar Mas Pelita, focusing on the legal consequences that arise if there is a discrepancy between the land certificate and the data recorded at the National Land Agency. These problems have the potential to cause disputes, hinder the mortgage registration process, and reduce legal certainty. The purpose of this study is to determine the role of notaries in ensuring the validity of documents and resolving legal problems that arise due to differences in certificate information with data at the National Land Agency. The research method used is empirical juridical with a statutory approach and through interviews with notaries, banks and customers. The research results indicate that notaries play a crucial role as public officials, ensuring that the formal and material requirements of credit agreements are met, including verifying certificates and land data before the deed is signed.
The Role of Notaries in Supporting Efforts To Settle Problem Credit at People's Credit Banks Partini, Partini; Shallman, Shallman
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. Banks in running their business to provide loan/credit services to the public really need Notaries and PPAT to assist in making notarial deeds of agreements and binding collateral. In making credit agreements, of course, the Bank and the borrowing customer (debtor) must pay attention to the contents of the credit agreement they signed, starting from the definition, obligations arising from the agreement, and the consequences of default that provide certainty to the bank to be able to make settlement efforts and provide legal protection in accordance with the provisions of applicable laws and regulations. This study aims to determine the role of notaries in providing support to banks in efforts to resolve their problem loans and also to determine the obstacles notaries face in providing support to banks for the resolution of problem loans. The problems in this study are analyzed using the theory of legal certainty and the theory of legal protection. The research approach uses a sociological juridical approach, which is qualitative in nature with the research specification being descriptive analysis and data analysis using qualitative descriptive methods. The primary data collection method was obtained through guided interviews with related parties, supported by secondary data obtained from the literature as supplementary reference material. The results of this study The role of Notaries in supporting efforts to resolve problematic loans in banks include ensuring the perfection of the deed made by the notary must be in accordance with the provisions in order to have binding legal force, Conducting ratification of the addendum to the credit agreement on efforts to resolve problematic loans through credit restructuring in accordance with the provisions, Providing clear legal education to debtors in order to better understand their obligations and rights as well as the legal consequences of the impact of default that occurs and can assist the Bank in the AYDA (Collateral Taken Over) process by making a PPJB (Sale and Purchase Binding Agreement) so that sales can be carried out in the future. The obstacles are the busy schedule of the notary himself to carry out the addendum agreement, and the existence of an APHT process that has not been completed but the credit is about to mature and is problematic due to the provisions of the stages at the land office. And the suggestion is that Notaries must be professional in accordance with the Notary Law by upholding the code of ethics. Notaries in carrying out collateral binding must pay attention to the Laws that regulate guarantees in accordance with the Fiduciary Guarantee Law and the Law on Mortgage Rights. Notaries can provide legal education to problem debtors at partner banks when making addendum agreements for credit restructuring or other matters. Keywords: Banks; Credit; Efforts to Resolve Problematic Credit; The Role of Notaries. 
Legal Force of Power of Attorney Agreement to Sell Joint Property after The Existence of a Marriage Agreement Deed made after The Marriage Rianzi, Sarifa Dira
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. A Notary is an official who has the authority to make authentic deeds based on the Law on the Position of Notary, the Notary Code of Ethics and other provisions related to the Notary profession. In his authority to make authentic deeds, an example of a deed that can be made by a Notary is a Deed of Power of Attorney for Sale Agreement. In addition to these deeds, a Notary is also blessed to make a Deed of Separation of Property Marriage Agreement which Based on the Decision of the Constitutional Court dated October 27, 2016 Number 69 / PUU-XIII / 2015, a marriage agreement can be made during the marriage and does not harm the interests of the third party involved. And this provision does not apply retroactively, so that assets obtained after marriage and before the separation of property marriage agreement is made remain joint assets. Based on the above, this study aims to determine and analyze the position of marital assets obtained before the deed of separation of assets is made, and to determine and analyze the legal force of the Deed of Power of Attorney to Sell Joint Assets after the making of the Marriage Agreement Deed. The problem is analyzed using the theory of legal certainty. The research approach method used by the author is normative legal research, using qualitative data types and using secondary data sources, which data the author obtained through the data collection process through library research. The data analysis method uses a qualitative analysis method in which the data obtained is arranged systematically and then analyzed qualitatively in order to obtain clarity on the problems to be discussed.Keywords: Authentic Deed; Notary; Power of Approval; Separation of Property Marriage Agreement.
Implementation of Complete Systematic Land Registration (PTSL) to Obtain Legal Certainty for Owners of Ready-to-Build Plots in Sungai Pelunggut Village, Sagulung District, Batam City Butarbutar, Romasni; Arifulloh, Achmad
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 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 implementation of PTSL to obtain legal certainty for the owners of ready-to-build plots in Sungai Pelunggut Village, Sagulung District, Batam City. 2) The obstacles faced and their solutions in the implementation of PTSL to obtain legal certainty for the owners of ready-to-build plots in Sungai Pelunggut Village, Sagulung District, Batam City. This type of research falls within the scope of sociological or empirical legal research. The approach used is qualitative. The data types and sources used are primary and secondary data, obtained through interviews, observations, and literature review. The analysis is descriptive and analytical. The research results concluded: 1). The implementation of Complete Systematic Land Registration (PTSL) for Ready-to-Build Plots in Sungai Pelunggut Village reflects the state's efforts to guarantee legal certainty of land rights for the community. Normatively, this program is based on Regulation of the Minister of ATR/Head of BPN Number 6 of 2018, which serves as the main legal basis for every stage of implementation, from inventory, collection of legal and physical data, to issuance of certificates. From a legal structure perspective, the implementation of PTSL involves the Ministry of ATR/BPN, the Batam City Land Office, and local governments down to the sub-district level, which together are tasked with the administration and field verification processes. From a legal substance perspective, the clarity and uniformity of procedures in the regulations provide legal legitimacy to the land registration process. Meanwhile, from a legal culture perspective, the community is beginning to show a change in attitude towards respecting formal legality, although not yet fully widespread. 2). The implementation of PTSL for Ready-to-Build Plots in Sungai Pelunggut Village still faces various complex obstacles. Normative constraints arise from the lack of clear technical regulations regarding the legalization of plots originating from informal housing, leading to confusion in their implementation. Administrative constraints include weak documentation proving rights by applicants, especially for plots obtained through underhand agreements or without proof of legal ownership. Technical constraints include discrepancies between the physical condition of the land and legal data, as well as difficulties in determining land boundaries due to overlapping claims. Social constraints include low community participation and a lack of legal understanding regarding the importance of land certification. Solutions that have been implemented include legal counseling approaches, strengthening inter-agency coordination, utilizing mapping and measurement technology, and community empowerment. Keywords: Land Registration; Legal Certainty; PTSL.
Effectiveness of the Complete Systematic Land Registration Program (PTSL) In Rembang Regency Dinata, Rendi Apri; Riyanto, Taufan Fajar
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 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 implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency. 2) Obstacles and solutions to the implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency. This type of research is sociological juridical research. The approach method in this study is a descriptive analytical approach. The types of data in this study are primary data and secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses field studies and literature studies. The analysis in this study is qualitative. The results of the study concluded: 1) The implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency, especially Sarang District, was carried out in accordance with Presidential Instruction Number 2 of 2018 and Regulation of the Minister of ATR/BPN Number 6 of 2018, with effective coordination between the BPN, local government, village officials, and the community. The 100% target by 2024 was achieved, providing positive impacts in the form of legal certainty, protection of ownership rights, orderly land administration, increased access to financing, and public legal awareness. This PTSL is in line with the theory of legal certainty, legal protection, the legal system, law enforcement, and the principles of Islamic justice that affirm equal rights to land. 2) Obstacles to PTSL in Rembang Regency include: (a) administrative-technical, such as mistaken identity, differences in measurement results, and overlapping land plots; (b) socio-economic, such as the burden of non-BPN costs, low understanding of the benefits of certificates, and misperceptions regarding taxes; and (c) regulatory-implementation, such as suboptimal electronic certificates and lack of initial mapping of land plots. Solutions taken include strict document verification, additional measuring personnel, strengthening the role of village officials, re-measurement, community-based outreach, subsidies for non-BPN costs, NJOP-based tax education, and expanding the implementation of integrated e-certificates based on spatial and legal data. Keywords: Effectiveness; Land Registration; PTSL. 
Integration of Sharia Values in Notarial Practices in Muslim Wills Julianti, Gili; Listyawati, Peni Rinda
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study aims to examine the integration of sharia values in notarial practices in making wills for Muslim testators, with an emphasis on Article 939 of the Civil Code as the entry point for harmonization of national law and Islamic law. The research method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that although Article 939 of the Civil Code regulates secret wills formally, its interpretation space allows notaries to consider the provisions of Islamic law, particularly in limiting parts of the will and determining the beneficiaries of the will according to the Compilation of Islamic Law. This integration is in line with the principles of maqāṣid al-syarī'ah and substantive justice, and strengthens the role of notaries in preventing inheritance disputes in the future.Keywords: Article 939 Of The Civil Code; Muslim Will; Notary; Sharia Values; Substantive Justice.
Effectiveness of Land Registration for Former Customary Land Rights in Temanggung Regency Lestari, Leli Uji; Widayati, Widayati
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 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 effectiveness of the implementation of land registration for former customary land ownership in Temanggung Regency. 2) Obstacles and solutions in the implementation of land registration for former customary land ownership in Temanggung Regency. This type of research is non-doctrinal research. The approach method in this study is a sociological juridical approach. The types of data in this study are primary data and secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses interviews and literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The effectiveness of the implementation of land registration for former customary land ownership in Temanggung Regency has been running quite well because it is supported by a clear legal basis in the UUPA, the implementation of structured registration stages by the Land Office, and government programs such as PTSL and LARASITA which facilitate public access. Public participation in registration shows positive acceptance, although it is still influenced by the level of understanding of local law and culture, so that its effectiveness is gradual and not yet fully evenly distributed throughout the region. Based on Soerjono Soekanto's theory of legal effectiveness, the effectiveness of land registration of former customary land rights in Temanggung is influenced by five factors, namely: legal substance in the form of UUPA and its implementing regulations which serve as a normative basis, law enforcement structure through the active role of the Land Office and village officials, facilities and infrastructure in the form of PTSL and LARASITA programs, community factors with a level of legal awareness that is starting to increase although not evenly distributed, and cultural factors that indicate a shift from customary law to a more orderly national law. 2) Obstacles in the implementation of land registration of former customary land rights in Temanggung Regency are normative obstacles related to proving rights to customary land, structural obstacles in the form of limited human resources and institutional coordination, technical obstacles in land measurement and boundaries, cultural obstacles in the form of low legal awareness of the community, and economic obstacles in registration costs. The solutions taken include strengthening regulations, increasing the capacity of apparatus, utilizing digital technology, increasing legal awareness of the community, and providing registration fee subsidies. Keywords: Effectiveness; Former Customary Land Rights; Land Registration.
Actio Pauliana in Bankruptcy Cases Related to The Provision of Credit Facilities with Fiduciary Guarantees (Case Study of Decision Number 17/Pdt.Sus-Actio Pauliana/2023/PN. Niaga.Smg. Jo. No.20/Pdt.Sus.Pailit/2022/PN Niaga Smg.) Santa, Bagus Ariyanto; Darmadi, Nanang Sri
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. Actio pauliana is a right granted by law to submit a request to the court to cancel all legal actions that are not required to be carried out by the debtor against his assets which the debtor knows that the legal action is detrimental to the creditor, but of course the holder of the liquidus guarantee also has the right to be prioritized when the debtor is declared bankrupt. The type of research in this study is a normative juridical approach method with research data sources using secondary data. The approach method in this study is a statute approach. Data collection techniques use literature studies in journals, books and digital documents. Data analysis techniques used in this study use prescriptive methods. Problems are analyzed using legal protection theory and legal certainty theory. The results of this study indicate that legal protection for fiduciary guarantee holders when a debtor is declared bankrupt is that the guarantee holders of objects have the right to sell the collateral themselves. They seem not to interfere in bankruptcy matters. Take what is their right from the sales income as payment of their receivables, and if there is still a remainder, this remainder is handed over to the inheritance hall. And the judge's consideration in handing down the decision Number 17 / Pdt.Sus-Actio Pauliana / 2023 / PN. Niaga. Smg. Jo. No. 20 / Pdt.Sus.Pailit / 2022 / PN Niaga Smg. which stated that it rejected the Plaintiffs' lawsuit in its entirety because the actions of Defendant I were an exercise of his right to close/pay off his receivables received from the debtor PT Mitra Bersama Realty incasu Abdul Haris (as director), therefore the actions of the debtor PT Mitra Bersama Realty incasu Abdul Haris (as director) and Defendant I were in order to fulfill their respective obligations arising from the agreement, therefore they did not meet the requirements for an actio pauliana lawsuit. Keywords: Actio Pauliana; Bankruptcy; Fiduciary Guarantee. 
Analysis of Legal Protection of Buyers Against Breach of Performance in The Deed of Sale of Land Pledge at The People's Credit Bank Meirizka, Feronika Ardella; Adillah, Siti Ummu
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. A deed of sale and purchase can be considered the initial step towards the execution of a land rights sale and purchase agreement. Based on Article 1457 of the Civil Code, the creation of a deed of land sale and purchase does not require full payment as long as both parties agree. However, this often leads to legal issues later, including in cases where the seller is in default. The problem that will be discussed in this thesis is how the legal protection for buyers in the event of default in the sale and purchase agreement of land pledged at PT. Bank Perkreditan Rakyat Arthanugraha Makmursejahtera. What are the legal consequences of default in the sale and purchase agreement of land pledged at PT. Bank Perkreditan Rakyat Arthanugraha Makmursejahtera. What is the basis of the legal considerations of the Panel of Judges in the case of default on the Sale and Purchase Agreement made by the Notary for the land pledged at PT. Bank Perkreditan Rakyat Arthanugraha Makmursejahtera. This research is descriptive analysis and the research material is obtained using a normative juridical approach. The data collection technique used is a literature study. The collected data is then analyzed using a qualitative method supported by deductive logical thinking. Based on the research that has been conducted, it can be concluded that, the choice of resolution in the problems and solutions to joint property disputesThis sale and purchase agreement carried out by Mr. Abdul Khoir as the Buyer/Plaintiff against Mr. Masno bin Pardi as the Seller/Defendant is valid according to the applicable laws and regulations, because it fulfills the requirements for a valid agreement according to Article 1320 of the Civil Code.. The existence of the Deed of Sale and Purchase Agreement Number: 20 dated April 28, 2023 made before a Notary is legally valid. If any party has committed a breach of contract against the authentic deed, it must first be declared void by the Court, thus causing an error and leading to the cancellation of the deed. The Panel of Judges in providing legal considerations on case Number: 49/Pdt.G/2023/PN.Pwd was not careful and wrong and did not reflect a sense of justice for the community in seeking justice, especially for the Buyer/Plaintiff who clearly the Seller/Defendant had committed a breach of contract againstDeed of Sale and Purchase Agreement Number 20 dated April 28, 2023 made before a Notary. Keywords: Default; Land Sale and Purchase Deed; Legal Protection for Buyers.

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