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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
Legal protection for interested parties in land sale and purchase deeds made by land deed officials who have died Nafiah, Ulin; Hafidz, Jawade
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

Land plays a fundamental role in human life and is a vital resource. The transfer of land rights, as a legal act, must be legally executed through an authentic deed drawn up before a Land Deed Official (PPAT). This authentic deed serves as strong evidence that guarantees legal certainty and protection for the parties involved in the transaction. However, problems arise when the PPAT who has drawn up the land sale and purchase deed dies before the administrative process or deed settlement is fully completed. This phenomenon creates a legal vacuum and potential vulnerability for interested parties in obtaining adequate legal protection. This study aims to analyze the forms of legal protection for interested parties in land sale and purchase deeds drawn up by deceased PPATs and examine regulations related to the responsibilities of the deceased PPAT's heirs. This study employed a normative juridical legal research method with a statute approach and a conceptual approach. Primary data sources included laws and regulations related to the position of PPAT and the Civil Code, while secondary data were obtained from legal literature, journals, and scientific works. Data analysis was conducted qualitatively by examining applicable regulations, doctrines, and theories of legal protection and legal certainty. The research findings indicate that regulations regarding Land Deed Officials (PPAT) who die and leave unfinished work, particularly regarding authentic deeds, are still less comprehensive than those for Notaries. A deceased PPAT requires his or her heirs to report and submit the PPAT protocol to a successor PPAT appointed by the National Land Agency. However, the lack of norms regarding the completion of unfinished deeds and the authority of the heirs in this regard creates legal uncertainty. Preventive legal protection for PPAT service users is realized through the preparation of valid authentic deeds, the provision of information, maximum service, and comprehensive legal protection. However, when a PPAT dies, this preventative protection is hampered. Repressive or reparative legal protection becomes crucial, including the submission of the protocol and the completion of the deed by the successor PPAT. Heirs have a moral and legal responsibility to facilitate this process, but lack the authority to prepare authentic deeds. The absence of clear sanctions for heirs who fail to submit the protocol is also problematic. Regulatory harmonization is needed to provide legal certainty and optimal protection for all parties.
Legal Consequences of the Responsibility of Land Deed Officials (PPAT) in Verifying Seller and Buyer Taxes for Transfer of Land Rights in Semarang Regency Alifati, Izta Aulia; Purnawan, Amin
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

Abstract. This study aims to reveal the extent of the responsibility of the Land Deed Official (PPAT) in the context of the PPAT's accountability in verifying the seller's and buyer's taxes on the transfer of land rights, as well as the legal consequences of the PPAT's accountability in verifying the seller's and buyer's taxes on the transfer of land rights if the tax payment value differs from the selling price. This type of research is a sociological juridical legal research. The results show that the PPAT has a legal obligation to verify the accuracy of the Income Tax (PPh) and Land and Building Acquisition Fee (BPHTB) payment data before signing the deed of transfer of rights. If there is a difference in the value between the tax payment and the selling price, the PPAT remains administratively and morally responsible to ensure that the data is in accordance with the actual transaction. The legal consequences that arise can be the cancellation of the deed, administrative sanctions against the PPAT, or losses to the state due to potential reductions in tax revenue. Keywords: Land Deed Official; Legal Responsibility; Tax Verification; Transfer of Land Rights. 
Legal Responsibility of Instrumental Witnesses in the Process Making Authentic Deeds Onetra, Rico; 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

Abstract. This study aims to analyze: 1) the legal certainty of instrumental witnesses in the process of making authentic deeds. 2) the legal responsibility that can be imposed on instrumental witnesses if there is a discrepancy or untruth in the contents of the authentic deeds made. This type of research is normative legal research. The approach method in this research is the Statute approach. The type of data in this research is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study documents). The analysis in this research is prescriptive. The results of the study conclude: 1) The legal certainty of instrumental witnesses in the process of making authentic deeds is the main pillar in guaranteeing the formal validity and perfect evidentiary value of deeds made by notaries. Legal certainty demands that every authentic deed must be formed in accordance with the provisions of applicable laws, including the requirement for the presence of two instrumental witnesses as regulated in Article 16 paragraph (1) letter m and Article 40 paragraph (1) UUJN. These provisions are imperative and must be fulfilled, because without the presence of a valid instrumental witness, the deed made by a notary does not fulfill its formal elements and cannot be qualified as an authentic deed. 2) The legal responsibility that can be imposed on the instrumental witness if there is a discrepancy or untruth in the contents of the authentic deed made lies in the formal aspects of the formation of the deed, not in the substance or content of the deed. This responsibility can be in the form of civil liability if the act results in loss to another party (through an unlawful act), criminal liability if proven to be consciously involved in forgery, providing false information, or stating to be present when not present during the process of reading and signing the deed, and administrative or ethical liability if there is a violation of notarial procedures and rules.Keywords: Accountability; Authentic Deed; Instrumental Witness.
Notary's Responsibility in Making Authentic Deeds Containing False Statements by The Parties with Much Knowledge Radiansyah, Radiansyah; Sulchan, 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

Abstract. In practice, there are still many Notaries who do not comply with these regulations, thus causing losses to the public (their clients) who seek legal justice in making an agreement or notarial deed. The purpose of this study is to determine the unlawful acts committed by Notaries in making authentic deeds with false information by the parties known together and the notary's responsibility for their actions in violation of criminal law and the Notary's code of ethics. This study uses a normative juridical approach, through a statutory approach (statute approach). The types and sources of data in this study use secondary data obtained from literature studies and the analysis in this study is prescriptive. Based on this study, it is concluded that Notaries who make authentic deeds with false information by the parties known together are unlawful acts and can be categorized as committing a criminal act and also a violation of the Notary's Office. These actions can be subject to criminal sanctions in accordance with the Criminal Code (KUHP) and administrative sanctions in accordance with the UUJN and the Notary's Code of Ethics. In this research, it was found that a Notary was sentenced by the Panel of Judges at the District Court for unlawful acts in making authentic deeds with false statements by the parties.Which It is the responsibility of the Notary who collaborates with other parties to make an authentic deed with false information, so that he must undergo criminal or punishment after a court decision that has permanent legal force, because the Notary's unlawful actions have fulfilled the elements of the articles in the Public Prosecutor's indictment and mutually accept the decision without making an appeal. Keywords: Authentic Deed; False Statement; Notary; Unlawful. 
Criminal Disparity in Decisions in Cases of Theft With Violence in the Demak District Court Suudi, Ali
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. Article 37 paragraph (1) of PP No. 24 of 1997 requires that land sales and purchases must be proven by a deed from a PPAT. However, in Demak Regency, the practice of buying and selling land underhand is still common without an authentic deed, thus complicating the initial land registration process. This study uses a juridical-sociological approach and aims to examine the implementation and obstacles of land registration due to underhand sales in Demak Regency. The results show that although land registration requirements are formally regulated, people often only have unofficial evidence such as receipts or statements. This results in land registration applications being rejected due to not meeting legal requirements. The proposed solution is the need for special regulations to accommodate underhand sales and increased legal education so that the public understands the importance of authentic deeds for legal certainty over land.Keywords: Buying and Selling; First Time; Land Registration; Under Hand.
Effectiveness of Implementing Complete Systematic Land Registration in Preventing Land Disputes in Majalengka Regency Juliansyah Nugraha, Maulana 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 determine and analyze the implementation of Complete Systematic Land Registration in achieving legal certainty and the obstacles and solutions in the implementation of PTSL in Majalengka Regency. The type of data used is primary and secondary data obtained through interviews and literature studies. The research concludes: 1) The effectiveness of the implementation of the Complete Systematic Land Registration (PTSL) in preventing land disputes in Majalengka Regency has been effective, although there are several obstacles in it. As experienced by Mr. Irwan, after participating in the PTSL, finally the land boundary dispute with his neighbor can be resolved and legal certainty regarding land ownership between the disputing parties can be achieved. This shows that the author believes that PTSL can effectively prevent and resolve land disputes. The implementation of the Complete Systematic Land Registration Program (PTSL) which has been running effectively can be observed from the objectives to be achieved through the Complete Systematic Land Registration Program (PTSL). The objectives to be achieved in the Complete Systematic Land Registration Program (PTSL) are to accelerate the provision of legal certainty and legal protection of community land rights in a certain, easy, fast, smooth, safe, fair, equitable and open and accountable manner, so as to improve the welfare and prosperity of the community and the state economy, as well as reduce and prevent land disputes and conflicts. 2) Technically, the obstacles in the implementation of PTSL in Majalengka Regency are the unavailability of the parties from the related sub-districts, and in the field of land measurement and mapping which has not been comprehensively implemented. The solution is to conduct land measurement and mapping thoroughly in the village/sub-district area that has been designated as the activity location, both for registered land plots, improving the quality of registered land plots that have not been mapped, and unregistered land plots that are carried out systematically and completely grouped in one complete village/sub-district area. Keywords: Effectiveness; Land Disputes; PTSL. 
The Position of Land Certificates as Proof of Ownership in Resolving Land Rights Disputes in Mining Areas Pondiu, Rifky Rachel; Prayitno, Ahmad Hadi
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. The position of land certificates as proof of ownership in resolving land rights disputes in mining areas still has problems, namely the emergence of perceptions that are dismissive of authentic deeds. In fact, this will give rise to the dynamics of land law in society. The objectives of this study are to analyze: 1). The legal force of the land certificate is examined in relation to land rights in the mining business permit area. 2). The role of Notaries in using land certificates as proof of ownership. The approach method used in discussing this research problem is a normative juridical research type.The research specification used is analytical descriptive research. The type of data uses primary and secondary data. The data analysis method used in this study is qualitative data analysis. The results of the study concluded: First, theoretically the position of SKT is a weak evidence, because it is made underhand without going through a legalization process by a Notary official, considering that only a Notary can issue an authentic deed. Second, there is a gap between theory and practice, with the reason that in practice judges often disregard authentic deeds in adjudicating land dispute cases. This can be seen in Decision Number: 24 / G / 2014 / PTUN.KDI and Decision Number: 27 / G / 2016. PTUN. KDI. Keywords: Land Certificate; Notary; Ownership. 
The Effectiveness of the Certificate of Inheritance Issued by the Sub-district in the Transfer of Land Rights Due to Inheritance in the Boyolali District Area Hapsari, Anindya Ayu; 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) Procedures for the issuance of a Certificate of Inheritance issued by the sub-district in the transfer of land rights due to inheritance in the Boyolali District area. 2). Effectiveness of the Certificate of Inheritance issued by the sub-district in the transfer of land rights due to inheritance in the Boyolali District area.This type of research falls within the scope of empirical legal research. The approach used is a sociological-juridical approach. The data types and sources used are primary and secondary data, obtained from interviews and literature studies. The analysis is descriptive and analytical. The following conclusions are drawn from the research results: 1). Procedures for implementing the issuance of a Certificate of Inheritance issued by the sub-district in the transfer of land rights due to inheritance in the sub-district areaBoyolali includes applications, collecting administrative requirements, filling out forms or making a statement of heirs independently and ratification. 2) Problems occurred only once in Winong Village in 2019 where the applicant added data on heirs that were not real. This problem made the SKW declared invalid. Obstacles that often occur in Pulisen, Siswodipuran and Winong Villages are more related to internal problems of the applicant, such as the lengthy process of collecting the heirs' signatures. Effectiveness Analysis refers to the criteria for legal effectiveness according to Soerjono Soekanto which include legal factors, law enforcement, facilities, society, and culture. The Certificate of Inheritance in the transfer of inheritance rights issued by the village in Boyolali District shows significant effectiveness. Keywords: Certificate of Inheritance; Sub-district; Transfer of Rights. 
Legal Effects of a Notary Deed Read by Notary Staff without Attendance by Notary and Witnesses Actika, Actika; Wahyuningsih, Sri Endah
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 have an important role in Indonesia, especially in the making of Authentic Deeds, in making Authentic deeds are required to be in accordance with the procedures as regulated in the Notary Law. In the Notary Law, the making of Authentic deeds must be attended or read directly by the Notary concerned and attended by witnesses, but in practice in Indonesia, especially in Batam City, deviations often occur, where in the making of Authentic deeds, for example, in the making of Credit Agreement Deeds at Banks, the reading of credit agreements in the case of credit agreement deeds is only carried out by Notary staff without being attended by Notaries and witnesses. The approach used in this research is a sociological juridical approach. The analysis in this study is prescriptive in nature. The research results concluded: 1) The validity of an Authentic Deed read by a notary staff can be considered legally flawed, and may even not have the power of an Authentic Deed as explained in Article 1869 of the Civil Code and this is also a violation of the law, as a result the deed can be considered formally invalid. 2)The instrumental witness who is not present to witness the process of reading the Authentic deed, in accordance with Article 41 of the UUJN, results in the Authentic deed only having evidentiary power as a private deed, meaning it does not meet the requirements of an Authentic deed. As explained in Article 1868 of the Civil Code, if the formal requirements such as reading in front of witnesses and signing by witnesses are not met, the deed loses its evidentiary power as an authentic deed and the deed only has evidentiary power as a private deed, the value of which is much weaker in legal proceedings and in court.3)Notaries who request to be represented by staff in the reading of authentic deeds may receive administrative sanctions in the form of reprimands, warnings, schorsing (temporary dismissal) from association members, Onzetting (dismissal) from association members, dishonorable dismissal from association membership.Keywords: Instrumental Witness; Notarial Deed; Validity.
Default in the Cooperation Agreement Between Perum Perumnas and CV. Duta Promosi Regarding Home Construction and Marketing Hermawan, Ecep Maman; Hafidz, Jawade
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 elements of default in the cooperation agreement between Perum Perumnas and CV Duta Promosi. 2) The legal consequences of default on land rights in the agreement. This type of research is empirical legal research. The approach method in this study is a sociological juridical approach. The data collection method uses interviews and library techniques (document study). The analysis in this study is prescriptive. The results of the study concluded: 1) The elements of default in the cooperation agreement between Perum Perumnas and CV Duta Promosi have fulfilled the elements of default as stipulated in Article 1243 of the Civil Code have been fulfilled. The first element, namely the existence of an agreement, is proven through a cooperation agreement on the construction and marketing of 1200 units of houses/shophouses on an area of ± 29 hectares. The second element, namely Not fulfilling obligations/there is a party that breaks the promise, is seen from the actions of CV Duta Promosi from 2012 to 2025 which only built ± 20 housing units out of ± 1200 units according to the agreement letter. The third element is that it has been declared negligent, but still does not carry out the contents of the agreement, evidenced by the negligence of CV. Duta Promosi which causes delays in the completion of the construction and marketing of houses/shophouses, instead diverting the construction and marketing activities of houses/shophouses to Jabon tree planting activities without the approval of Perum Perumnas. With the fulfillment of these elements, CV Duta Promosi is legally declared to have committed a breach of contract. 2) The legal consequences of the breach of contract committed by CV Duta Promosi have serious consequences from a civil aspect. In civil terms, the act of diverting the construction and marketing activities of houses/shophouses to Jabon tree planting activities unilaterally causes the cancellation of part of the contents of the agreement, gives rise to the responsibility to pay compensation, and opens the possibility of termination of the agreement by the injured party. Furthermore, this default also creates legal uncertainty over land ownership, hinders the development process, and has the potential to trigger agrarian conflicts. Therefore, a firm legal resolution is needed to restore legal certainty and protect the aggrieved parties.Keywords: Agreement; Cooperation; Default.

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