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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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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.
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.
Notary's Responsibility for Delays in Reporting Deeds of Wills Tamara, Reza
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 Notary's Responsibility as Land Deed Official for Collateral That Cannot Be Bound by Mortgage Rights (Study of Credit Agreement Number Xx Dated March 27, 2020 Between Mr. M and PT. BANK N Bawan Branch Office, Agam Regency Fiqri, Rizalul
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 discusses the analysis of the responsibility of Notaries/PPAT SH for collateral that cannot be bound by mortgage rights, because the object of the mortgage right after the certificate is issued is designated as a protected forest area. Notaries/PPAT SH have issued a cover note for the collateral and have signed a deed of power of attorney to encumber the mortgage right. The research method used in this thesis is the normative juridical legal research method. This research approach uses a case approach. The types of data used in this study are primary data which include; Civil Code; Banking Law, Notary Law, Mortgage Law and secondary data containing books and other supporting documents. Data collection using interview techniques and document studies or library materials. Qualitative data analysis regarding the responsibility and legal consequences of the Notary's responsibility as PPAT for collateral that cannot be bound by mortgage rights. The results of the study include the cover note issued by the Notary/PPAT SH is not an authentic deed, but only a statement letter. Therefore, the form of responsibility in the form of moral sanctions in the form of the bank's distrust of the notary because the notary cannot complete what is contained in the cover note as expected. If the credit agreement is not fulfilled by Mr. M, then the results of the takeover of collateral or assets owned by Mr. M cannot be auctioned to pay off the debt because the position of PT. Bank N Branch Office of Bawan, Agam Regency is only as a concurrent creditor.
Execution of Debt Guarantee in Subsidized Housing Credit Agreements Not Based on Deed of Grant of Mortgage Rights (APHT) Kostiawan, Shaiful; Arifulloh, Achmad
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 analyze: 1) The legal position of debt collateral in subsidized housing credit agreements that are not based on the Deed of Granting Mortgage Rights (APHT). 2) The procedure for executing debt collateral in subsidized housing credit agreements without APHT according to applicable laws and regulations. This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The type of data in this study is secondary data, consisting of primary, secondary and tertiary legal materials. The data collection method was obtained through literature study. The analysis in this study is prescriptive. The results of the study concluded: 1) The legal position of debt collateral in subsidized Home Ownership Credit (KPR) agreements that are not based on the Deed of Granting Mortgage Rights (APHT) is very weak in terms of juridical. Although the Regulation of the Minister of ATR/BPN Number 22 of 2017 provides leniency by allowing the use of a Power of Attorney to Charge Mortgage Rights (SKMHT) until the end of the credit agreement period, this does not change the fact that mortgage rights can only be legally recognized if they are made through an APHT and registered at the Land Office in accordance with the provisions of Law Number 4 of 1996 concerning Mortgage Rights. Without an APHT, the collateral provided by the debtor does not have legal execution power and does not provide perfect property rights for the creditor. 2) The procedure for executing debt collateral in a subsidized mortgage agreement that is not based on a Deed of Granting Mortgage Rights (APHT) cannot be carried out through a direct parate execution mechanism, as regulated in Law Number 4 of 1996 concerning Mortgage Rights. Without an APHT and registration of mortgage rights, the collateral does not have legal standing, so that the creditor does not have preferential rights or execution power over the collateral object. In this condition, the only legal route available to creditors is to seek settlement through a civil lawsuit on the basis of default, which tends to be longer, more complex and riskier.Keywords: Debt Guarantee Execution; Subsidized Housing Credit; KPR. 
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. 
Responsibilities of Notaries in Making Deeds Affecting Bad Credit at Bank Rakyat Indonesia Ady, Sigit Priambodo; Bawono, Bambang Tri
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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This study aims to analyze: 1) Implementation of the making of the credit agreement deed at Bank Rakyat Indonesia. 2) The responsibility of a notary in making a deed that has an impact on bad credit at Bank Rakyat Indonesia. The approach method in this research is a sociological juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary and secondary data. Data collection by interview method and literature study. The data analysis method used is qualitative analysis. The results of the study concluded: 1) The implementation of making a credit agreement deed at Bank Rakyat Indonesia is carried out based on an agreement between the debtor and the creditor. After the credit agreement is signed by the debtor and the party representing BRI, then waarmerking will be carried out by a Notary appointed by PT. Bank Rakyat Indonesia (Persero) Tbk. The credit agreement deed is notarized, the binding is carried out simultaneously with the binding of collateral / Mortgage. In granting the Mortgage before the PPAT, it must be attended by the Mortgage Giver and the Mortgage recipient and witnessed by 2 (two) witnesses. 2) The responsibility of a notary in making a deed that has an impact on bad credit at Bank Rakyat Indonesia Decision Number 52/Pdt.G/2020/PN Cjr Notary cannot be directly held accountable individually, collectively, based on errors or absolute liability. This is because the notary only mewaarmeking credit agreement deed that has been agreed upon by the debtor and the party representing BRI, namely the head of the PT branch. Bank Rakyat Indonesia (Persero). Regarding collateral/guarantee, before the binding of the notary has also checked in advance regarding the correctness, so that if bad credit occurs until the auction of collateral/guarantee, it is absolutely the responsibility of the parties themselves.Keywords: Bank; Credit; Responsibility.
The Comparison of Inheritance Legal Position of Illegitimate Children Based on Islamic Law & Civil Law Hanggartika, Edo Trisetya
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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The aim of this research is to analyze: 1) To determine the position of inheritance rights of illegitimate children based on the Compilation of Islamic Law and Civil Law. 2) To determine the similarities and differences in the legal position of inheritance of illegitimate children based on the Compilation of Islamic Law and Civil Law. The type of research used is normative legal research. The approach method used in this research is the statutory approach method and the legal comparison method. The research results concluded that the legal position of illegitimate children is based on Article 100 of the Compilation of Islamic Law. Children born out of wedlock only have a family relationship with their mother and her mother's family. In Article 186 of the Compilation of Islamic Law, children born outside of marriage only have an inheritance relationship with their mother and their mother's family. whereas in the Civil Code, a child born outside of a legal marriage has no civil relationship with his parents, unless there is a confession made by his biological parents. Keywords: Children; Compilation; Illegitimate Inheritance; Islamic.
Legal Analysis of Notary's Obligations in Reporting Suspicious Financial Transactions Based on the Principle of Recognizing Service Users in the Establishment of a Limited Liability Company Sasmita Sarip, Cicilia
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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Notaries in their profession have obligations that must be obeyed. These notary obligations are stated in Article 16 of the UUJN. One of the notary's obligations is to keep confidential everything regarding the Deed they have made and all information obtained for the purpose of making the Deed. Based on PP No. 43 of 2015 concerning the Reporting Party in the Prevention and Eradication of Money Laundering Crimes, it adds to the obligations of Notaries as reporting parties. This Government Regulation requires notaries to report to the PPATK (Financial Transaction Reports and Analysis Center), regarding suspected money laundering crimes on deeds made by or before a notary as a public official. Notaries as reporting parties are required to implement the Principle of Recognizing Service Users (PMPJ). The method used by the researcher is normative juridical with a statutory approach. The specifications of this study are prescriptive. The type of data used is secondary data sourced from materials obtained from literature studies. Based on the results of the study that 1) Legal implications for the Obligations of notaries as reporting parties who report suspicious financial transactions are regulated in PP Number 43 of 2015, which is a derivative regulation of Law Number 8 of 2010 concerning the Eradication and Prevention of Money Laundering Crimes, adding notary obligations outside the obligations that have been regulated in the Notary Law. This is contrary to the law and triggers a dilemma in terms of its implementation and does not provide legal certainty. 2) Legal protection for notaries as reporting parties who report suspicious financial transactions based on the principle of recognizing service users for the establishment of a limited liability company aims to protect notaries as well as prevent the problem of money laundering crimes, especially those related to the preparation of the deed of establishment of a Limited Liability Company. Violation of these obligations can result in administrative sanctions based on the provisions of the Notary Law and the Eradication and Prevention of Money Laundering Law and its derivative regulations.
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.

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