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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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Use of Fingerprints as Authentication of the Applicant's Identity in Notarial Deed Minutes Based on Electronic Systems Sujiyanto, Daniel Adi; Darmadi, Nanang Sri
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

Abstract. This study aims to determine the practice of notaries in Indonesia, namely the placement of the facer's fingerprints as authentic and vital evidence in various transactions, requiring adaptation to face the challenges of forgery and maintain validity. The placement of the facer's fingerprints emerged as a solution to improve security and legal certainty, using a normative legal approach with a statutory approach method. Then the data was collected from primary legal materials (Notary Law and related regulations), secondary (legal literature and journals), and tertiary (dictionary and legal encyclopedia). Data collection methods include literature studies, field observations, and interviews with competent sources. Data analysis used a qualitative descriptive-analytical method with a deductive-inductive thinking framework. The results of the study show that the Notary Law requires the placement of fingerprints to increase the validity of the deed. Fingerprints, as unique biometrics, provide stronger legal certainty. However, its implementation faces technical challenges (system accuracy, infrastructure), legal (uncomprehensive regulations, personal data protection), and social (public trust, digital literacy). Comprehensive and integrated regulations, which take into account technical, legal and social aspects, are crucial to ensure the effectiveness, security and fairness in the implementation of fingerprinting in the making of notarial deeds.Keywords: Digitalization; Fingerprints; Notary.
Land Status of The Community of Kampung Tua In Batam City After The Birth of Agrarian Law Aurelia, Gina; Darmadi, Nanang Sri
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. Land registration in Batam only started in the 1990s. Land certification in the authority area began with the birth of the Management Rights (HPL) held by BP Batam.The exclusion of the existence of old villages in the formation of the Batam Authority, is evident in the granting of HPL to the Batam Authority by the Government as stated in the Decree of the Minister of Home Affairs No. 43 of 1977. The granting of HPL to the Batam Authority in this Decree is possible on locations that are not yet clear and clean, if there is community land that is still controlled/cultivated or owned with certain rights on the land area that has been issued with an HPL Decree, only given the option to receive compensation. The purpose of this study is to analyze: 1) a legal review of the status of land ownership of old villages in Batam City according to Agrarian Law. 2)Legal protection of land ownership rights in the Old Village community of Batam City after the Agrarian Law.This type of research is normative legal research. The approach method in this research iscase study approach and legislation approach. The type and source of data in this study are secondary data. Data analysis is an activity in research in the form of conducting a study of the results of data processing. The results of this study are According to Article 3 of the UUPA, there is a statement of recognition regarding the existence of customary rights of customary law communities as long as they still exist in reality, meaning that if in reality they do not exist, then the customary rights will not be revived, and no new customary rights will be created. Customary rights are allowed to continue to be regulated by each customary law community. Old villages, or customary law communities, have a special place in the UUPA (Basic Agrarian Law). The UUPA recognizes the existence of customary law communities and their customary rights, as long as they still exist and do not conflict with national interests.Keywords: Agrarian Law; Batam City; Land; Old Village.
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

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. 
The Legal Consequences of Applying the Principle of Balance to Grant Agreements Waarmarked by Notaries Soedijono, Agam
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The development of contract law gave birth to a new principle, namely the principle of balance which states that an agreement is binding as long as it is based on a balance of interests between the parties. Agreement law in Indonesia recognizes grant agreements, namely unilateral agreements that only show the achievements of one party. The emergence of the principle of balance then raises issues which are the main focus of writing this law, related to the application and legal consequences in the grant agreement Number: 536/Waarmer/IV/201, April 6, 202 Notary PPAT Arif Indra Setyadi SH. MKn. Although there are no provisions governing the application of the principle of balance in Indonesian contract law, the application of the principle of balance is indirectly contained in Article 1320 of the Civil Code. The emphasis is on "agreement", "execution in good faith" and the binding agreement with "decency, custom and law" shows that in an agreement there should be a balance between the parties so as to create a sense of justice. An unbalanced agreement does not have binding power because it is contrary to good faith, a sense of justice and propriety. As a result, an unbalanced agreement can be requested for cancellation of the agreement.Keywords: Agreement; Balance; Grant; Waarmerking.
Repositioning the Value of Pancasila Justice in Debtor Protection in the Execution of Separatist Creditors Raynaldi, Muhammad Ferdyanto
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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Abstract

The implementation of executions by separatist creditors without going through court proceedings as regulated in Article 55 and Article 56 of Law Number 37 of 2004 is contrary to Pancasila justice. The method used is the normative juridical method. Based on the data obtained, it appears that the implementation of bankruptcy execution as regulated in Article 55 and Article 56 of Law Number 37 of 2004 prioritizes the interests of separatist creditors without having to go through aanmaning in court, the meaning of the debtor's insolvency should be an examination in court or through aanmaning regarding the debtor's ability to pay off his debts, not solely based on the analysis and views of separatist creditors. This is clearly implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. Keywords: Creditor; Debtor; Execution; Legal; Protection.
Legal Certainty of the Position of Adopted Children in Inheriting the Assets of Their Adoptive Parents According to Samin Customary Law in Blora Regency Pradana, Charizma Hade
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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Analysis of Legal Protection for Debtors Regarding The Position of Using Standard Contracts in Relation To The Principle of Freedom of Contract on Bank Credit Agreement Miswanto, Sidik; Ummu Adillah, Siti
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 research is about "Analysis of Legal Protection for Debtors Regarding the Position of Using Standard Contracts in Relation to the Principle of Freedom of Contract" aimsto know and analyze legal protection for debtors against the position of using standard contracts in relation to the principle of freedom of contract in bank credit agreements, obstacles and how to overcome them. This study uses a sociological legal approach. Data collection is carried out through observation, interviews, literature studies and documentation. Data analysis is carried out descriptively qualitatively. The results of the study indicate that legal protection for debtors against the use of standard contracts in relation to the principle of freedom of contract in bank credit agreements includes preventive protection in the form of legal protection from the legal aspects of the agreement as stipulated in Article 1338 paragraph (1) of the Civil Code and Article 1320 of the Civil Code, aspects of consumer protection in Article 18 Paragraph (1) Letter g and letter h of the UUPK, which regulates restrictions on the use of standard clauses in credit agreements, as well as repressive protection in the form of dispute resolution options. Standard agreements have violated the principle of freedom of contract because when there is an imbalance regarding the burden imposed on the parties in the form of transferring obligations to the weaker party, the weaker party no longer has freedom, even though the principle of freedom of contract provides a guarantee of freedom to a person in matters relating to the agreement. However, in fact, if a standard agreement or contract does not violate the principles contained in an agreement or contract, then it is not a problem because in essence a standard agreement or contract is also a normal agreement or contract, the only difference is that a standard agreement or contract is provided by a party in a stronger position and cannot be changed even if the other party in the agreement wants a change or feels disadvantaged. The obstacles faced in the use of standard contracts in bank credit agreements are the prohibition on the use of standard clauses that have the potential to harm debtors or customers and the problems in the implementation of the credit agreement, namely problematic credit to bad credit. The way to overcome this is that the creation of a bank credit agreement that uses a standard contract must be carried out in accordance with the provisions of laws and regulations and strict credit analysis.
Legal Position of Eigendom Verponding Land Rights in the Indonesian Land System Edwiarka, Salvataro Djibran
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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This study aims to determine the legal position of eigendom verponding land rights in the land system in Indonesia and to determine the mechanism for the transfer of eigendom verponding land rights to land ownership rights in the land system in Indonesia. The approach method used in this qualitative legal research is the sociological juridical approach method, which is an approach by seeking information through direct interviews with informants empirically first and then continued by conducting secondary data research found in literature studies through theoretical steps. Based on the results of the research conducted, it was found that the ownership of former eigendom verponding land in Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) and its implementing regulations, as well as Government Regulation Number 24 of 1997 concerning land registration states that the land is land controlled by the state with the legal status of state land, where former eigendom verponding is included in state land that is not free or cannot be owned by individuals and the eigendom verponding certificate is not valid proof of ownership. Then, as a result of the law on former eigendom verponding land that has not been converted, for the rights holder, the proof of ownership of the former eigendom verponding is considered invalid. Rights holders can still register land through applications and granting of land rights with the obligation of physical control. Applications submitted for land with state land status are no longer eigendom verponding. Physical control of land as a real relationship between the rights holder as the subject of land rights with his land in order to be able to register his land. Holders of former eigendom verponding rights who still fulfill the requirements as subjects of land rights can actively utilize their land.
Responsibility of Land Deed Officials (Ppat) in Providing Unfinished Name Transfer Services Parhan, Parhan; Fajar Riyanto, Taufan
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. This study aims to determine the responsibility of the Land Deed Official (PPAT) for unfinished name change services and to determine the legal consequences of unfinished name change services. This study uses a type of sociological or empirical legal research that includes legal identification and legal effectiveness, empirical legal research is legal research where data is obtained through primary legal data or data obtained directly in the community. Based on the research conducted, it can be seen that the responsibility of the PPAT includes Civil, Criminal, Administrative, and PPAT Code of Ethics obligations. If the Deed has been carried out in accordance with the procedure and there is a delay caused by the negligence of the PPAT, then in practice the PPAT can be sued for compensation for the delay if the delay causes losses to the parties. The legal consequences of the transfer of Land Rights that are registered late are that the Deed cannot be registered for the Transfer of Rights at the National Land Agency Office and this is the personal responsibility of the PPAT because the PPAT is obliged to comply with the registration period for the transfer of Rights, which is a maximum of seven working days from the signing of the Deed. PPAT itself can be subject to administrative sanctions in the form of a written warning and in serious cases PPAT can be dismissed from his position. And if force majeure occurs, PPAT cannot be sued because it is beyond the fault of PPAT as long as all procedures required by the National Land Agency have been fulfilled.Keywords: Effectiveness; Empirical; Legal; Responsibility.
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.

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