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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 188 Documents
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Responsibilities of Notaries for Violations of the Notary Code of Ethics in Mimika Regency Rezalita, Ajeng Berenda Rezalita
TABELLIUS: Journal of Law Vol 1, No 4 (2023): December 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

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Legal Protection for Auction Winners Against Objection Lawsuits Regarding Mortgage Rights Objects for which Execution Has Been Requested (Study of Decision Number 72/Pdt.Bth/2019/PN.Kdl) Ariyani, Sahida; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to determine and analyze the implementation of auctions and the protection of auction winners against objections related to mortgage objects that have been requested for execution (study of decision Number 72/Pdt.Bth/2019/PN.Kdl). The research method used is normative juridical. Data was obtained through documentation techniques, namely researchers collecting relevant laws and court decisions. Data analysis was carried out by data reduction, data display, and decision making. The purpose of this study was to examine the auction implementation process against objections related to mortgage objects that have been requested for execution. The results of this study are that the auction implementation has been in accordance with the Regulation of the Minister of Finance (PMK) Number 122 of 2023. The auction object that has been sold is the right of the auction winner. If the debtor still controls the auction object, the auction winner can ask the KPKNL to issue a gross minutes to vacate the auction object and ask the District Court for assistance to send a bailiff. In addition, the objections filed by the opponents to the auction winner are repressive legal protection. In decision No. 72/Pdt.Bth/2019/PN.Kdl, the panel of judges rejected the objections from Pelawan I and Pelawan II. Thus, the vacating of the auction object will continue and provide legal protection for the auction winner for the auction object that has been purchased. Thus, in this study legal protection is present to fulfill the interests of the auction winner.
Position of Eigendom Verponding after the Birth of the Basic Agrarian Law (Case Study of Dago Elos Supreme Court Decision Number 109PK/PDT/2022) Gandawati, Dyah Ayu
TABELLIUS: Journal of Law Vol 2, No 2 (2024): June 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Eigendom verponding is a product of land law from the Dutch East Indies era which is no longer valid after the birth of the national land law in 1960. Eigendom owners are required to carry out the conversion no later than September 24, 1980. However, the Supreme Court created its own law which is contrary to the spirit of agrarian reform. This type of research is a normative research that is prescriptive in nature. The data source in this study is secondary data obtained through literature studies. The results of the study show that the position of eigendom verponding is recognized as one of the land rights born from Dutch East Indies law and must be converted no later than September 24, 1980. Then the Government Regulation of 1997 and amended in 2021, conversion can still be carried out as long as it has been proven that there is physical control over the land by the former holder of the western land rights. The problem of converting eigendom verponding into ownership rights can be seen in the case of Heri Hermawan Muller et al. and PT. Dago Intigraha vs. Didi E. Koswara et al., and the Head of the Bandung City Land Office. The eigendom verponding land was not physically controlled by the former land rights holder, even though houses, post offices, and bus terminals had been built on the land. However, the Supreme Court decided that the land rights were still given to the holder of the western land rights.
Legal Review of Default in Housing Ownership Credit (Kpr) Agreement Kresna, Bala
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. The purpose of this study is to determine and analyze the causes of default in the Home Ownership Credit (KPR) agreement, as well as how to determine the occurrence of default in the implementation of the Home Ownership Credit (KPR) agreement. This type of research is normative legal research with a statute approach. In this study, data collection was carried out by means of document study, namely by studying, reviewing and examining legal materials related to this research. The data that has been collected both from library research and from field research are then analyzed qualitatively with descriptive methods. The results of the study indicate that the implementation of the Home Ownership Credit (KPR) agreement implemented by several banks, both government banks and private banks, is based on agreements between the bank as the creditor and the customer as the debtor which are stated in the Home Ownership Credit (KPR) agreement that has been mutually agreed upon. The factors that cause default in a Home Ownership Credit (KPR) agreement can be grouped into two groups, namely default that occurs due to the debtor's negligence in carrying out his obligations and default that occurs due to weak credit supervision by the bank which causes the debtor to deliberately default. The method of determining whether a debtor has defaulted on a Home Ownership Credit (KPR) agreement is based on an agreement between the bank and the debtor which is stated in the Home Ownership Credit (KPR) agreement. Based on the agreement, a clause is determined regarding the debtor's actions that can result in the debtor being declared in default. These actions include the debtor not paying installments according to the agreement, the debtor being in arrears on installment obligations by two installments, the debtor violating the provisions in the agreement and not carrying out his obligations as agreed in the agreement.Keywords: Agreement; Default; Mortgage.
Legal Protection for Religious Foundations Over Land Ownership Certificates Granted Iqbal, Muhammad
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to determine and analyze the legal protection of religious foundations for land grant certificates and to determine and analyze the legal procedures for religious foundations to obtain land grant certificate status. The research approach method used in this thesis is the normative legal research method. The specifications of this study use normative legal research. The types of data used in this study are primary data including the 1945 Constitution;civil law book, compilation of Islamic law, basic law on agrarian principles, PP no. 38 of 1963, and ATR/BPN head regulation no. 2 in 2013, as well as secondary data containing books and other supporting documents. Data collection research with document study research techniques or library materials. The data analysis method used in analyzing the data is qualitative analysis, namely the inventory of primary and secondary legal materials in a structured manner. The results of the study will describe the results of the Research and discussion consisting of; Regulation of legal protection for religious foundations for land grant certificates, and Legal procedures for religious foundations to obtain land grant certificate status.
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 Responsibilities of Notaries Who Participated in the Crime of Certificate Embezzlement Budi, Anita Widyaningrum; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1) The responsibility of a notary who participates in the crime of certificate embezzlement. 2) Juridical implications for deeds issued by notaries participating in the crime of certificate embezzlement The approach used in this study is a sociological-juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary data and secondary data obtained through interviews and literature. The data analysis method used in this research is descriptive analysis. The results of the study concluded: 1). Responsibilities of Notaries who participated in committing the crime of certificate embezzlement in Samarinda City were sentenced to 3 months in prison. Notary MS was legally and convincingly proven guilty of committing the crime of participating in embezzlement and fulfilling the elements in Article 372 of the Criminal Code juncto article 55 paragraph 1 of the Criminal Code. This proves that notaries are not above the law, notaries are the same as ordinary people who must comply with laws and regulations. 2) The juridical implication of the deed issued by a notary who participated in the crime of embezzlement of certificates in Samarinda City, namely that the DA as the legal owner can apply for the cancellation of the deed of sale and purchase and certificates to the Court. The filing for annulment aims to maintain legal certainty and certainty of the rights to his land. The imposition of a criminal sentence against Notary MS does not necessarily mean that the deed in question becomes null and void by law. Keywords: Criminal; Embezzlement; Liability.
The Effectiveness of Digitizing Land Services to Prevent Land Mafia Artha, Yophinadiyyul Fauqalida; Tri Bawono, Bambang
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This research aims to analyze: 1) Implementation of digitization of land services. 2) Effectiveness of digitizing land services to prevent land mafia. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). Implementation of digitization of land services is carried out through the website www.bpn.go.id. Currently the ATR/BPN Ministry has implemented four digital land services, including Electronic Mortgage Rights (HT-El), certificate checking, Land Registration Certificate (SKPT), and Land Value Zone information. There are two electronic services that will be added by the ATR/BPN Ministry, namely land sale and purchase deeds and transfer of rights. The implementation of digitalization of land services at BPN Ngawi, apart from the website www.bpn.go.id, is also carried out through the Touch Tanahku application. Touch My Land is an application created to answer various community land problems. 2) The effectiveness of digitizing land services to prevent land mafia can effectively prevent land mafia practices and achieve the strategic goals of the ATR/BPN ministry. Keywords: Digitalization; Land; Mafia; Registration.
Validity of Letter D in the Certificate Registration Processsystematic Land Ownership Rights in Kudus Regency Yustinov, Raras Laila
TABELLIUS: Journal of Law Vol 2, No 3 (2024): September 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The implementation of the Complete Systematic Land Registration Program encourages the role of the Regency / City Land Office not only as an institution that produces land title certificates, but also helps land owners to obtain proof of rights and empower land to improve welfare. Various problems also occur in land registration such as incorrect information provided by the applicant, incorrect information provided by the applicant due to the lack of proactivity of the community as applicants to come directly to the land office, asking what are the administrative requirements that must be prepared in the initial process of land registration.
Analysis of Legal Protection for Electronic-Based Land Certificate (E-Certificate) Holders in Land Law in Indonesia Lius, Muhammad Jeppry
TABELLIUS: Journal of Law Vol 2, No 1 (2024): March 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This research aims to identify, study and analyze legal protection for electronic-based land certificate holders in land law in Indonesia. Apart from that, this research also aims to identify, study and analyze the obstacles faced in efforts to protect the law, as well as finding solutions to deal with these obstacles. The method used is normative juridical legal research. The data used consists of primary data such as the 1945 Constitution, Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations, Law Number 11 of 2008 concerning Information and Electronic Transactions, Government Regulation Number 24 of 1997 concerning Land Registration, Regulations Government Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions, as well as secondary data which includes books and other supporting documents. Data collection was carried out through Document Study and Literature Study. Data analysis was carried out using qualitative descriptive methods. The research results show that legal protection for electronic-based land certificate holders does not cause problems, because the certificate is recognized as valid proof of ownership based on the Electronic Information and Transactions Law (UU ITE), especially regulated in Article 6. Its validity is also strengthened in Article 5 Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) Number 1 of 2021.

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