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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 35 Documents
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Search results for , issue "Vol 4, No 1 (2026): March 2026" : 35 Documents clear
Legal Consequences of a Binding Agreement for the Sale and Purchase of Land Rights Based on a Debt Agreement Between the Parties Putri Damayanti, Tasya; Umu Adilah, Siti
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land is an important component of social life in Indonesia. Land can be utilized through rights granted to its legal subjects. This study aims to analyze the legal consequences of land sale and purchase agreements based on debt agreements for the parties, and to further analyze the notary's responsibility for land sale and purchase agreements based on debt relationships. The method used is empirical juridical, empirical legal research that combines normative legal analysis (statutory regulations) with empirical data from the field (social reality) to understand society. The results of the study show that the legal consequences of the agreement to bind the sale and purchase of land rights based on a debt agreement between the parties based on debt is null and void because it violates the objective requirements of validity and the responsibility of the Notary in making the deed. The Notary is fully responsible for the formal and material truth of the deed he made, ensuring that the deed reflects the actual situation and is in accordance with the law (PPJB) which is based on debt relationships which are often used as collateral for repayment (collateral) by creditors, but is high risk because it is not an official mortgage guarantee.
Problems in Implementing Electronic Land Registration At the Pekalongan Regency Land Office Bakti, Agung Setya; Setyawati, Setyawati; Winjaya Laksana, Andri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims toThis study aims to determine and analyze the implementation, obstacles, and solutions for electronic land registration at the Pekalongan Regency Land Office. This study uses a sociological legal approach. Primary data collection involved interviews, literature studies, and documentation studies. Data analysis was conducted using a qualitative descriptive approach. Based on this study, it was concluded that the implementation of electronic land registration at the Pekalongan Regency Land Office iscan provide many benefits to the community, including minimizing fraud, minimizing brokers/land mafia, preventing corruption, preventing double certificates, saving costs, preventing disputes, conflicts and land cases, minimizing physical meetings, and reducing intervention by unauthorized parties. The implementation of electronic land services can be done through the Sentuh Tanahku application. The result of the implementation of electronic land registration is an electronic certificate. Electronic certificates are legally valid for use as evidence and can provide legal certainty because they are guaranteed by statutory regulations, namelyRegulation of the Minister of ATR/BPN No. 3 of 2023and Law Number 19 of 2016 Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. Obstacles and solutions faced in implementing electronic land registration at the Pekalongan Regency Land Officenamely the limited public understanding of electronic certificates, the lack of completeness of land registration application files, the Human Resources (HR) implementers who are still very limited and not ready to implement electronic land registration, the problem of an uneven internet network, and the implementation of land mapping that is not evenly distributed. Solutions that can be implemented to overcome these obstacles are through information dissemination activities or socialization to the community, conducting training or training and workshops for BPN and PPAT employees, collaborating with internet providers in order to equalize the network, accelerating updates and security of the land system and improving the Sentuh Tanahku application and strengthening security so that it is not easily hacked by irresponsible parties. In addition to these obstacles there are still problems in electronic land registration, namely the legal aspects and legal umbrella related to the legal force of certificates caused by technical regulations and concerns about data and cyber security.
Legal Implications of Determining Heirs Without a Certificate of Heirs (Study of Bogor District Court Decision No: 147/Pdt.G/2017/Pn.Bgr) Timbul, Jonatan; Wahyudi, Trubus
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study discusses the legal implications of determining heirs without a Certificate of Inheritance (SKW) by studying the Bogor District Court Decision No. 147/Pdt.G/2017/PN.Bgr. The main focus of the study is legal protection for heirs who do not have a SKW in applications for inheritance determination through the court and its impact on the legal certainty of inheritance. The study uses a normative juridical method with a case analysis approach, based on studies of court decisions, laws and regulations. legislation (Civil Code, judicial regulations, and land regulations), Compilation of Islamic Law, as well as the doctrines of inheritance law experts, legal certainty, and legal protection. The results of the study indicate that legal protection for heirs without a SKW can still be realized through the mechanism of determining heirs by the court, as long as the inheritance relationship is materially proven through written evidence, witnesses, and confessions of the parties which are then formalized in a decision or deed of reconciliation. The court's decision in Decision No. 147/Pdt.G/2017/PN.Bgr functions functionally to replace the SKW because it explicitly determines the identity of the heir, the list of heirs, and their position regarding the inheritance so that it can be used as an administrative basis before third parties such as banks and the National Land Agency. From the perspective of legal certainty, this judicial path is able to provide certainty comparable to the existence of the SKW, but at the same time raises normative challenges in the form of potential disparities in assessments and standards of proof between courts if not followed by uniform guidelines.
Legal Certainty For An Object That Is A Fiduciary Guarantee Which Has Not Been Removed After The Debt Is Removed Utami, Fitri Pujianti; Darmadi, Nanang Sri; Mashdurohatun, Anis
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

            The relationship between creditors and debtors in the business world requires legal certainty, which is realized through collateral instruments, one of which is fiduciary collateral. Although Law No. 42 of 1999 concerning Fiduciary Collateral and Government Regulation No. 21 of 2015 stipulate the obligation to write off debts after debt repayment, practice shows that many collateral items are not written off, so the object remains listed as collateral. TypeThis research is normative juridical, using a conceptual juridical approach. The data used include primary, secondary, and non-legal data by collecting data through literature and analyzing it using prescriptive analysis to describe and evaluate the implementation of fiduciary roya. The procedure for the removal (roya) of fiduciary collateral is carried out by the creditor after the debtor has fully paid their obligations by submitting an application to the Fiduciary Registration Office, which then issues a Roya Certificate. However, because the removal is not automatic, differences often arise between the material and administrative removal of fiduciary collateral. This situation creates legal uncertainty, where the debtor cannot reuse the collateral, new creditors lose certainty, and potentially give rise to disputes. The roya mechanism in the Fiduciary Collateral Law needs to be strengthened with clear derivative regulations regarding time limits and sanctions for creditors who fail to comply, to prevent re-fiduciary collateral and provide legal certainty. System improvements can also be achieved through digitization and data integration between institutions, mandatory verification by notaries, and strengthening fiduciary certificates as executorial titles to more effectively protect creditors and debtors.
Comparison of the Legality and Legal Power of Conventional and Electronic Land Certificates in the Land System in Indonesia Hemas Mardikawati, Trisakti; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) Comparison of the legality between conventional land certificates and electronic land certificates in the land system in Indonesia. 2) Comparison of the legal force of conventional land certificates and electronic land certificates in providing proof and legal protection for land rights holders. This type of research falls within the scope of normative legal research. The approach method in this research is legislation (statue 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 document). The analysis in this research is prescriptive. The results of the research are concluded: 1) Comparison of the legality between conventional land certificates and electronic land certificates in the land system in Indonesia, namely both conventional land certificates and electronic land certificates have equal legality in the Indonesian land law system because both are the result of the land registration process as regulated in Article 19 of the UUPA, PP Number 24 of 1997, and PP Number 18 of 2021. Conventional certificates have strong but not absolute evidentiary power, while electronic certificates obtain legitimacy through the Regulation of the Minister of ATR/BPN Number 3 of 2023 and Article 5 of Law Number 1 of 2024 concerning ITE which confirms the validity of electronic documents as legal evidence. Both are legitimate state administrative decisions, so the difference between physical and digital forms does not affect their status. 2) Comparison of the legal force of conventional land certificates and electronic land certificates in providing evidence and legal protection for land rights holders, namely conventional land certificates and electronic land certificates have equal legal force in providing evidence and legal protection for land rights holders, because both are issued by authorized officials in accordance with Article 19 paragraph (2) letter c UUPA and Article 32 PP Number 24 of 1997. Conventional certificates have strong but not absolute evidentiary force and provide protection for rights holders in good faith, while electronic certificates obtain legal legitimacy through Article 6 paragraph (2) and Article 16 paragraph (2) of the Minister of ATR/BPN Regulation Number 3 of 2023, and their validity is recognized based on Article 5 of Law Number 1 of 2024 concerning ITE and are equipped with personal data protection as regulated in Law Number 27 of 2022 concerning PDP.
Legal Implications of Credit Deed Agreements Without Legalization at Banks Renjana, Abhinaya Rai; Taufiq, Muhammad; Hasana, Dahniarti
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the legal force and legal implications of credit agreements without notarial legalization on legal protection for banks and debtors at the Central Java Regional Development Bank. This study uses an empirical legal method with a statutory and sociological legal approach to examine legal provisions normatively and their application in practice. Data were obtained through interviews and observations as primary data, and literature studies as secondary data. Based on the results of the study, it is concluded that credit agreements without notarial legalization remain valid as long as they meet the requirements for a valid agreement according to the Civil Code, but have limitations in evidentiary power and executorial certainty compared to authentic deeds. From the perspective of legal protection, banks as creditors obtain relative protection and depend on internal control mechanisms, while debtors do not receive the guarantee of independent verification as in notarial legalization. This condition indicates implications for the level of legal certainty for parties in credit practices.
Notary's Responsibility for Deeds Declared Void or Invalid Based on Court Decision Aswin, Muhammad; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1) The notary's responsibility for deeds declared null and void based on a court decision. 2) Legal protection for the parties, including notaries, when the deed made is declared null and void. This type of research falls within the scope of normative legal research. The approach method in this research is legislation (statue 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 (document study). The analysis in this research is prescriptive. The results of the study concluded: 1) The notary's responsibility for deeds declared null and void based on a court decision is relative and is determined by the notary's level of compliance with legal provisions and the application of the prudential principle. This responsibility can include civil, administrative, and criminal aspects, depending on the presence or absence of elements of error or negligence in carrying out the authority of his position. In Decision Number 43/Pdt.Sus-Gugatan Lain-Lain/2023/PN Niaga Semarang, the cancellation of a deed does not give rise to responsibility for the notary because no formal error was found; Violations occur in the substance of bankruptcy law by the parties, not by the notary. 2) Legal protection for the parties, including notaries, when the deed they have made is declared null and void or invalid aims to ensure legal certainty and justice. Protection for the parties is realized through a court decision that restores violated rights, while for notaries it is provided if they have carried out their official duties in accordance with the Notary Law (UUJN) and the principle of good faith. Legal protection mechanisms include preventive protection through supervision by the Notary Supervisory Board (MPN) and the Notary Honorary Council (MKN), as well as repressive protection through the courts and professional rehabilitation if the notary is not proven guilty. Proportional legal protection ensures a balance between upholding official responsibilities and guaranteeing the independence of the notary profession in carrying out its state function as a guarantor of legal certainty.
Optimizing the Implementation of Complete Systematic Land Registration (PTSL) at the Land Office as an Effort to Accelerate Land Registration Purwantoko, Gilang Riyan; Darmadi, Nanang Sri; Riyanto, Taufan Fajar
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1 Efforts to optimize the implementation of PTSL as a step to accelerate land registration in Grobogan Regency. 2) Obstacles and solutions in the implementation of PTSL in Grobogan Regency. This type of research is empirical legal research. The approach method in this research is a qualitative approach. The types of data in this research are primary and secondary data. The data collection method uses observation, interviews and library techniques (document study). The analysis in this research is descriptive. The results of the study concluded: 1) Efforts to optimize the implementation of PTSL as a step to accelerate land registration in Grobogan Regency have shown effective and targeted performance, despite being implemented in diverse social, geographical, and administrative conditions. This optimization is reflected in strengthening the regulatory basis, increasing human resource capacity, intensifying outreach to the community, adjusting technical methods of measurement and mapping, validating and digitizing land administration data, and strengthening coordination between stakeholders. The gradual implementation of PTSL, both during the high target of Fiscal Year 2024 and the limited target of Fiscal Year 2025, is still able to produce tangible outputs in the form of issuance and delivery of land title certificates and increasing public participation and legal awareness. 2) Obstacles in the implementation of PTSL in Grobogan Regency are still influenced by low public understanding and participation, limited human resources at the Land Office, difficult geographical conditions and field terrain, distance and accessibility of villages far from the center of government, disorderly village land administration especially related to Letter C, potential land boundary disputes, and limited financing capacity of underprivileged communities. To overcome these obstacles, operational and contextual solutions are needed, including increasing socialization and counseling of village-based land law, optimizing the work of officers and involving third parties in a controlled manner, adjusting measurement techniques according to geographical conditions, implementing outreach services, strengthening the role of village governments in land administration arrangements and verifying legal data, facilitating land boundary deliberations, and transparency and supervision of PTSL financing, so that the implementation of PTSL is not only oriented towards achieving targets, but also able to improve the quality of land registration and legal certainty of land rights for the community in a sustainable manner.
Notary's Responsibility for the Loss of the Customer's Land Ownership Certificate Siti Yaningsih, Wa Ode; Djunaedi, Djunaedi
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the notary's responsibility for the loss of a land title certificate and the legal protection provided to clients. A land title certificate is legally binding evidence of land rights, and its loss can lead to legal uncertainty and losses for the rights holder. In notarial practice, notaries often receive and store original documents belonging to the parties, so clarity is needed regarding the notary's responsibility in the event of the loss of such documents. This study uses a sociological juridical research method supported by library research. The sociological juridical approach is used to examine the establishment of legal norms in notarial practice through direct interviews with notaries. Library research is conducted by reviewing laws and regulations, legal literature, legal theories, and Kendari District Court Decision No. 14/pdt. G.S/2020/PN Kdi, which relates to the loss of a client's land ownership certificate. The results of the study indicate that (1) legal protection for customers against the loss of land ownership certificates is provided through preventive and repressive legal protection. (2) notaries are responsible for the loss of ownership certificates if the loss occurs due to negligence in carrying out their duties, with responsibilities that include civil, administrative, and ethical aspects. (3) legal solutions carried out by notaries for the loss of customer ownership certificates in the form of assistance in processing replacement certificates at the land office as a form of professional responsibility and good faith of the notary. In addition, the deed of granting mortgage rights has a close relationship with the ownership certificate as a collateral object, so that the security of the certificate in the process of making and registering mortgage rights is an important obligation of the notary in ensuring legal certainty for the parties.
Responsibility of Land Deed Officials for Issuing Replacement Certificates Due to Loss Widyasari, Andini; Hafidz, Jawade; Kusriyah, Sri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land title certificates are strong evidence of land ownership, providing legal certainty through the land registration system. In practice, problems often arise in the form of lost land title certificates, including during the processing at the Land Office. This situation causes losses for rights holders and raises legal issues regarding the responsibility of Land Deed Officials (PPAT). This study aims to analyze the procedures for issuing replacement certificates for lost land by the Serang Regency Land Office and the responsibility of PPATs in the event of lost certificates during the land registration process. The research method used was sociological juridical with analytical descriptive specifications. The results showed that the procedure for issuing replacement certificates was implemented in accordance with Government Regulation Number 24 of 1997, while the PPAT's responsibilities were principally administrative and professional as long as there was no element of error or negligence. The research results indicate that the procedure for issuing replacement certificates has been implemented in accordance with statutory provisions, particularly Government Regulation Number 24 of 1997 concerning Land Registration, but administrative obstacles remain. The responsibility of the Land Deed Official (PPAT) is, in principle, administrative and professional as long as there is no element of error or negligence.

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