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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
The Substitute Notary's Responsibility for Errors in the Deed He/She Made Huda, Indra Kusuma; 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 duties and authorities of a Substitute Notary. 2) The responsibilities of a Substitute Notary if there is an error in the making of the deed he made. The approach method used in this study is an empirical juridical approach. The type of data uses primary data and secondary data obtained through interviews and literature studies. The data analysis method used in this study is qualitative descriptive analysis. The results of the study concluded: 1) The duties and authorities of a Substitute Notary are that a substitute Notary has the same duties and authorities as the replaced Notary or the Appointing Notary. Article 2 Paragraph 1 of Law Number 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary, which states that a Notary is a public official who is authorized to make authentic deeds and has other authorities as referred to in this Law or based on other laws. The authority that exists in a Notary does not come from other government institutions, but rather the authority that is based on and granted by the Law. 2) The responsibility of the Substitute Notary if there is an error in making the deed he made is the same as the notary he appointed. Notary Abdul Moethalib Wahab above is an individual responsibility, the notary's actions are proven to have committed the crime of forgery of documents. Criminal responsibility for notaries is regulated in the Criminal Code, if the notary commits the crime of forgery of documents, as referred to in the criminal provisions regulated in Article 263 paragraph (1) and Article 264 paragraph (1) of the Criminal Code. Notaries who are proven guilty of a crime and have permanent legal force cannot be immediately dismissed dishonorably by the Minister of Law and Human Rights due to the uncertainty in the regulations of the Law on the Position of Notary, as contained in Articles 12 and 13 of the Law on the Position of Notary. Keywords: Criminal; Responsibility; Substitute Notary.
Legal Protection for Legitimate Owners in Disputes Over Dual Certificate Ownership Due to Unlawful Acts Sari, Nurmila; Arifullah, 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 the legal protection provided to legitimate owners in dealing with disputes over ownership of duplicate certificates and the legal remedies that can be taken in response to such unlawful acts. The research approach uses a normative juridical method by reviewing laws and regulations, court decisions, and related legal literature. The analysis refers to several key regulations, namely Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), which regulates land ownership rights and dispute resolution mechanisms; Law Number 4 of 1996 concerning Mortgage Rights; and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In addition, legal protection is also based on the provisions of the Civil Code (KUHPerdata), specifically regarding unlawful acts (Article 1365 of the KUHPerdata), which allows legitimate owners to file lawsuits for compensation and cancellation of duplicate certificates. The results of the study indicate that legal protection for legitimate owners still faces obstacles such as complex land administration bureaucracy and the potential for corruption, as well as weak coordination between relevant institutions. Therefore, it is necessary to strengthen legal mechanisms by increasing transparency and accuracy in land administration, as well as strict law enforcement against unlawful acts that result in the issuance of duplicate certificates. Legitimate owners can pursue civil and criminal legal remedies, including filing lawsuits for unlawful acts, to obtain legal certainty and restitution of their rights. This study provides strategic recommendations for the government and relevant institutions in improving the land administration system and strengthening legal protection to achieve justice for legitimate landowners and reduce duplicate certificate disputes in Indonesia. Keywords: Disputes; Dual Certificates; Legal Protection. 
Legal Protection for Creditors Over Mortgage Rights Cancelled by Court Decisions (Court Decision Study) No. 136/Pdt.G/2019 Pn Ckr) Triwibowo, Bagus; 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. The Mortgage Law states that land rights that can be used as collateral include Ownership Rights, Cultivation Rights, Building Rights, and Usage Rights over State land, as long as these rights must be registered in accordance with applicable provisions and have a nature that can be transferred to another party. Mortgage rights provide legal certainty for the parties in a credit agreement, especially through the principle of specialization which gives special rights to the mortgage holder to be prioritized in fulfilling performance if the debtor defaults or fails to fulfill its obligations. This research falls into the category of normative legal research, conducted by analyzing library materials or secondary data. This research uses a statute approach, which emphasizes legal material as the primary basis for conducting the research. The research results show that Decision No. 136/Pdt.G/2019/PN Cikarang annulled the Mortgage Right and created legal uncertainty, even though the UUHT should have provided certainty for creditors. This annulment emphasizes the importance of material aspects in the validity of collateral. Bank BTN has carried out credit procedures and the imposition of Mortgage Rights legally, but the debtor's actions (YPR) have given rise to a dispute. Although the debtor's principal obligations remain, the collateral loses legal force. Protection for creditors is repressive through civil lawsuits (Article 1365 of the Civil Code), internal bank mechanisms (PBI No. 7/2/PBI/2005), criminal channels, and the right to demand compensation or alternative collateral. Keywords: Certainty; Court Decisions; Mortgage Rights.
Responsibilities of Officials Making Land Deeds (PPAT) for Deeds of Sale and Purchase of Land That Give rise to Disputes Resmi, Puji; Laksana, Andri Winjaya
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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The high strategic value of land makes it prone to disputes, so Land Deed Officials (PPAT) are required to understand land law in depth so that the deeds they make are legally valid and avoid legal conflicts due to misuse of transfer of rights. This study aims to analyze the importance of understanding land law for Land Deed Officials (PPAT) in ensuring the validity of land transfer deeds and preventing disputes due to misuse of land transactions. The type of research used is doctrinal research with a legislative and theoretical approach. Secondary data consists of primary, secondary, and tertiary legal materials. The data analysis method used is perspective analysis, which involves systematically compiling the data and then analyzing it descriptively and qualitatively to gain clarity on the research problem. The research results state that Land Deed Officials (PPAT) play a crucial role in ensuring the validity of land transactions through the preparation of authentic deeds, document verification, and registration with the National Land Agency, and are obligated to reject the issuance of deeds if there are disputes, incomplete documents, or indications of legal violations. Land disputes caused by duplicate certificates, unclear boundaries, illegal transactions, and slow settlement processes can be prevented by PPATs through proper procedures, and violations by PPATs can result in legal sanctions. Dispute resolution can be carried out non-penally through mediation and deliberation, or penally through the courts, in order to achieve legal certainty and fair protection for all parties.
Legal Protection for the First Certificate Holder Upon the Issuance of a Duplicate Certificate Mubarok, Mohammad Ibnu; 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 the legal protection for the first certificate holder in the case of the issuance of duplicate certificates and to determine the factors causing the emergence of duplicate certificates and how the Supreme Court's legal considerations in Decision No. 189K/Pdt/2011. This type of research is normative juridical with a statutory, conceptual, and case approach. The results of the study indicate that the first certificate holder has strong legal protection and its position is recognized as more legitimate than subsequent certificates. The causes of the issuance of duplicate certificates include administrative errors, negligence, or unlawful acts. The Supreme Court's considerations in the decision emphasize that the first certificate must take precedence for legal certainty. Thus, legal protection for the first certificate holder is an important part of ensuring legal certainty in the Indonesian land system. Keywords: Certificates; Dual Certificates; Legal Certainty; Legal Protection. 
The Effectiveness of Electronic Deed Minutes Storage in Notarial Practice in the Digital Era Situmorang, Saut Tua; 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) Legal regulations in Indonesia that support the storage of electronic minutes of deeds in notarial practice. 2) The effectiveness of storing electronic minutes of deeds in notarial practice if implemented in the digital era. This type of research falls within the scope of normative legal research. The approach method in this study is a statute approach. The type of data in this study is secondary data, which consists of primary, secondary and tertiary legal materials. The data collection method was obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) Legal regulations in Indonesia have basically provided a sufficient basis to support the storage of electronic minutes of deeds in notarial practice, although they still require further strengthening and adjustment. The Notary Law (UUJN) has not explicitly regulated the technical aspects of storing minutes of deeds in electronic form, however, legal regulations in Indonesia have actually provided space for the digitalization of notarial archives through systematic interpretation of several provisions, such as Article 15 paragraph (3) of the UUJN and significant changes in Article 5 of the ITE Law which now no longer excludes notarial deeds from being recognized as valid electronic documents. 2) In the digital era, storing minutes of deeds electronically is considered very effective, especially from the aspects of efficiency, security, and ease of access. This effectiveness will be optimal if supported by regulatory updates, reliable digital infrastructure, increased digital literacy of notaries, and the acceptance of the legal culture of the community towards electronic systems.Keywords: Effectiveness; Electronic Deed Minutes; Notary.
Legal Implications of Notarial Digitalization on the Validity of Notarial Deeds Wijaya, Eko; 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 legal implications of notarial digitization on the validity of notarial deeds. 2) Obstacles and solutions in the notarial digitization process related to the validity of notarial deeds. This type of research falls within the scope of normative legal research. The approach method in this study is a statute approach. The type and source of data in this study are secondary data obtained from literature studies. The analysis in this study is prescriptive. The results of the study conclude: 1) The digitalization of notarial deeds has a significant impact on the validity of notarial deeds, especially because the formal requirements for authentic deeds as stipulated in Indonesian positive law have not yet been met. Although Article 5 paragraph (4) of the ITE Law recognizes electronic documents as legal evidence, the absence of explicit provisions in the Notary Law (UUJN) means that digital notarial deeds cannot yet be equated with conventional authentic deeds. As a result, electronic deeds risk losing their full evidentiary power before the law, creating legal uncertainty, and threatening the protection of the parties' rights. Therefore, regulatory reform containing specific provisions regarding electronic notarial deeds is an urgent need to guarantee validity, evidentiary power, and balanced legal protection in the digital era. 2) In its implementation, the digitalization of notarial deeds faces various obstacles such as legal vacuums, procedural uncertainty, threats to electronic data security, limited understanding of technology among notaries, and the absence of uniform operational standards. These obstacles can hinder the implementation of valid and effective digital deeds. To address this, concrete solutions are needed in the form of comprehensive regulatory updates, the development of digital-based standard operating procedures, strengthening information technology security systems, improving notary digital literacy through ongoing training, and strengthening cross-institutional collaboration. Keywords: Deeds; Digitalization; Notary.
Responsibilities of Notaries/PPAT in Ensuring Legal Certainty Regarding The Delivery of Land Rights Certificates by Developers to Buyers Prameswari, Kintan Kartika; 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 examines the responsibilities of Notaries and Land Deed Officials (PPAT) in ensuring legal certainty regarding the transfer of land title certificates by developers to buyers. Problems often arise when developers fail to hand over certificates even though buyers have fully paid their obligations, thus creating legal uncertainty and harming consumers. This study uses a normative juridical method with a statute approach. Data were obtained through literature review and analyzed qualitatively using descriptive-analytical methods. The results show that Notaries/PPATs have the responsibility to ensure that the deeds they make meet formal and material requirements, and play a preventive role in protecting buyers' rights. Therefore, strengthening regulations and oversight mechanisms is needed to ensure legal certainty.Keywords: Certificate; Developer; Legal Certainty; Notary; PPAT. 
Notary Problems in Legal Counseling Regarding Marriage Contracts Asy syifa, Asy syifa; 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 determine the role of notaries in providing legal counseling to married couples regarding marriage agreements, identify the obstacles faced, and formulate solutions to improve the quality of legal counseling. This study uses a normative legal method with a descriptive qualitative approach and uses secondary materials through literature studies. The results of the study show that the implementation of the role and responsibilities of notaries in providing legal counseling to married couples regarding marriage agreements includes the entire series of initial consultations, counseling regarding content & procedures, drafting the deed with intensive communication, final reading and explanation, ensuring that the parties understand, obtain legal protection, and prevent potential disputes. The obstacles faced by notaries in carrying out legal counseling are due to the lack of legal literacy of married couples, local social and cultural stigma, limited time and administrative burdens, lack of socialization of the Constitutional Court decision No. 69 / PUU-XIII / 2015 regarding agreements that can be made after marriage. The solutions implemented by notaries to improve the effectiveness and quality of legal counseling to husbands and wives regarding marriage agreements include providing special time for consultations, collaborating with traditional/religious leaders and using local languages, conducting gradual pre-deed consultations, implementing digital services, and collaborating with the KUA/Dukcapil/Government. Keywords: Legal Counseling; Marriage Agreement; Notary; Roles and responsibilities. 
Problems by Notaries Regarding The Deed of Establishment of a Limited Liability Legal Entity Related to The Online Single Submission (OSS) System Licensing in Semarang City Maryudanto, Septian Mahar; 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. Commercial or operational business permits are issued by the OSS Institution for and on behalf of the Minister, Head of Institution, Governor, or Regent and Mayor after the business actor obtains a business permit and to carry out commercial or operational activities by fulfilling the requirements or commitments. The OSS Institution is responsible for issuing Business Identification Numbers (NIB), location permits, and business permits. Basically, this regulation aims to cut down the complicated process of issuing business permits. The purpose of this study is to find out, analyze / analyze: 1) How to make a limited liability company deed 2) the effectiveness of business permit registration through the Online Single Submission (OSS) system for registration of Limited Liability Company Legal Entities (PT) by a Notary as a means of One-Stop Integrated Licensing Services (PPTSP) in the Semarang City area. 3) obstacles and solutions faced in using the Online Single Submission (OSS) system for registration of Limited Liability Company Legal Entities (PT) in the Semarang City area. The approach method used in this research is sociological juridical, namely legal research conducted on the real conditions of society or the community environment with the aim and objective of finding facts (fact-finding) and then identifying them (problem-identification) and ultimately leading to problem solving (problem-solution). The results of the study are: 1) How to make a limited liability company deed. 2) The effectiveness of registering a business permit through the Online Single Submission (OSS) system for the registration of a Limited Liability Company (PT) Legal Entity by a Notary as a means of the One-Stop Integrated Licensing Service (PPTSP) in the Semarang City area is still ineffective because the implementation of OSS in Semarang City from the beginning of the issuance of Government Regulation No. 24 of 2018 concerning Electronically Integrated Business Licensing Services in the first year for the administration of legal entities still causes problems. 3) The obstacles faced include the system still tends to be weak. The OSS system does not carry out the licensing process as a whole. Many business actors establishing a limited liability company (PT) still need the help of consultants to fill out the forms in the OSS system. Keywords: Legal Entity; Limited Liability Company; OSS. 

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