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INDONESIA
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 241 Documents
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Validity of the Signatures of the Notary and the Parties Electronically on the Notarial Deed Khairuddin, Muhammad; Hafidz, Jawade
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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Implementation of the Principle of Freedom of Contract in Making Musyarakah and Ijarah Deeds Made by Notaries at Bank Muamalat Kendari Branch Saharia, Siti
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

The profit sharing portion is still regulated by Bank Muamalat Kendari Branch, even though in the provisions there are profit and loss sharing or revenue sharing methods are by mutual agreement. This is certainly contrary to the sharia principle, namely gharar which is uncertainty or not in accordance with the initial agreement. This results in carrying out business activities that are contrary to sharia principles being an act that is prohibited for Islamic Commercial Banks and Islamic Financing Banks. The formulation of the problem in this study is how is the application of the principle of freedom of contract in making musyarakah and ijarah at Bank Muamalat Kendari Branch? and how is the strength of the evidence of musyarakah and ijarah deeds made before a Notary? The aim of this research is to determine the application of the principle of freedom of contract in the profit sharing system in musyarakah and ijarah financing contracts at Bank Muamalat Kendari Branch and to find out and analyze the strength of proof of musyarakah and ijarah deeds made before a Notary Public.
The Legal Protection for Notaries against Civil Efforts on Authentic Deeds That Have Been Published Saputra, Rizal Alamsyah Hadi; Bawono, Bambang Tri
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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Notaries have carried out their responsibilities in accordance with applicable regulations by using the principles of vigilance and prudence, but still have to deal with legal issues because provisions are also permissible, and it is feared that distrust will arise in the authentic deed made before a notary and the credibility of a notary in the jurisdiction Merauke Regency is also in doubt. This study aims to find out and analyze the legal standing of deeds that have been issued by a Notary when a lawsuit is filed by the parties and to find out and analyze the legal protection for a notary against civil proceedings for authentic deeds that have been issued in Merauke Regency (case study no. 80/ pdt. bth/2021/pn/mrk). The approach method in this research is a sociological juridical approach. Based on the research, it was concluded that legal protection for Notaries in case decisions Number 80/PDT.Bth/2021/PN/MRK The Panel of Judges is of the opinion that a credit agreement is an agreement between the debtor and the creditor to bind himself in the provision of debts and receivables which can be done by the debtor providing guarantees or without guarantees for repayment of debts to creditors. If there is collateral in the credit agreement, it is an additional agreement with the credit agreement as the main agreement, with these agreements applying as a law for the makers according to the provisions of Article 1338 of the Civil Code if it has been legally made by fulfilling the legal requirements of the agreement as stipulated in Article 1320 Civil Code. Keywords: Civil; Efforts; Notary; Protection.
Legal Consequences of Sale and Purchase Using Guardianship Declaration Made by Not an Authorized Official Firdaus, Mohamad Bayu; Riyanto, Taufan Fajar
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 sale and purchase transactions involving minors must meet certain legal requirements, including the use of a valid guardianship letter. However, in practice, it is still found that the use of a Guardianship Certificate made by someone other than an authorized official does not meet the provisions of the law, thus causing legal consequences for the validity of the deed of sale and purchase. The purpose of this study is to analyze the considerations of the panel of judges in Decision Number 100/Pdt.G/2021/PN.Skt which cancels the sale and purchase of land rights using a guardianship certificate made not by an authorized official, and to analyze the legal consequences of the sale and purchase deed using a guardianship certificate made not by an authorized official. This study uses a normative legal research type which is carried out by examining library materials or secondary data. The data analysis method used in this study is qualitative with the Statute Approach method and the Case Approach. The results of this study are that the Sale and Purchase Deed Number is considered legally invalid because at that time one of the selling parties had not reached the age recognized by law to enter into an agreement. The Panel of Judges canceled the sale and purchase transaction using a guardianship certificate made not by an authorized official which was considered legally invalid because it did not fulfill the correct legal procedures related to the guardianship of minors, resulting in the sale and purchase deed and land ownership certificate products being legally invalid.Keywords: Certificate of guardianship; Deed of sale and purchase; Legal consequences.
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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Abstract

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.
The Effectiveness of the Implementation of Supervision of the Regional Supervisory Council (MPD) on the Implementation of Notary Positions Habsari, Milenia Ayu
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

This research aims to determine and analyze the effectiveness of the implementation of supervision by the regional supervisory council (MPD) on the implementation of notary positions in Semarang district. The method used in this research is a qualitative approach, because problems related to humans fundamentally depend on observation. The qualitative approach is an approach where there is an event where the researcher becomes the key instrument in the research which is carried out completely on the research subject, then the results of this approach are described in the form of words written on the empirical data that has been obtained. The type of data used in this research is primary and secondary data. The type of primary data isdata in the form of information in oral form obtained directly by researchers through original sources. The primary data used is:The 1945 Constitution of the Republic of Indonesia, the Civil Code, Law Number 2 of 2004 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries.Meanwhile, secondary data is written dataSome of the secondary data used in writing this thesis include: Results of Scientific Work of Scholars, Legal Journals, Research Results of Tertiary Legal Materials: Legal Dictionaries, Encyclopedias, Print and Electronic Media. The results of the research are that at the level of correct legal rules, the Regional Supervisory Council (MPD) must place the Notary's deed as an object, because the Notary in carrying out his official duties is related to making legal documents, in the form of a deed as written evidence which is within the scope of civil law. so that placing a deed as an object must be assessed based on the legal rules relating to the making of the deed, and if it is proven that there is a violation, sanctions will be imposed as stated in Articles 84 and 85 UUJN. Keywords: Council; Effectiveness; Regional; Supervisory.
The Role of Notaries in Implementing the Principle of Beneficial Ownership of Corporations in Order to Prevent Crimes of Money Laundering and Terrorism Financing Wijayanti, Nurlita
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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Abstract

This research aims to find out and analyze in depth the implementation of the principle of beneficial ownership by corporations to prevent criminal acts of money laundering and terrorism financing as well as the effects on Notaries and the role of Notaries in Implementing the Principle of Recognizing Beneficial Owners and the role of Notaries in preventing criminal acts of money laundering and terrorism financing. The approach method used by researchers in this thesis is a qualitative approach method. The type of research used by the author in his thesis is empirical legal research. Types and Sources of Data used are primary data sources and secondary data sources. Data collection methods are descriptive, namely interviews and observations. Data Analysis Method The research conducted by the author is descriptive. The results of the research and discussion show that: First, the government's implementation of corporate transparency is by uncovering the principle of beneficial ownership by blocking corporate access to OSS and SABH so that corporations will have difficulty in running their business so that the Notary is the party who has the authority to unblock the block.  Second, the role played by a Notary means something that is carried out related to the Notary's duties or obligations in carrying out his work. The role of the Notary in preventing TTPU and Terrorist Financing by revealing beneficial owners in order to minimize the establishment of corporations that aim to commit these crimes by obtaining information regarding beneficial owners, Submitting information related to beneficial owners, Arranging documents related to beneficial owners.
The Legal Protection for Land Deed Officials Regarding the Making of Deeds Based on Incorrect Information by the Parties Siswanti, Siswanti
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

This research has the following objectives, namely first, to guarantee legal certainty over authentic deeds made by the Land Deed Deed Official (PPA)T against incorrect information on the parties; secondly, to provide legal protection for the Land Deed Making Officer (PPAT) who draws up an authentic deed in the form of a sale and purchase deed based on incorrect information from the parties; third, an example of waiver of rights if it turns out that there is incorrect information from the parties in accordance with Article 51 paragraph 2 of the Criminal Code. This study uses a normative juridical research approach, and the theory used in this paper is Gustav Radbruch's Legal Certainty Theory and Philip M. Hadjon's Legal Protection. The research results conclude. 1) The deed of the official making the land deed (PPAT) will not have legal certainty if the authentic deed is not in accordance with the applicable provisions or is carried out against the law. 2) Legal protection for the Land Deed Making Officer (PPAT) who draws up a deed on the basis of incorrect information from the parties is only based on the right of refusal, if he does not have bad rights then the right of refusal does not apply. A notarial deed made based on a letter or document from the parties which is known to be fake after the deed is made remains an authentic deed as long as the notary in making the deed meets the formal requirements of a deed is said to be an authentic deed. If the notary commits negligence so that he does not meet the formal requirements of an authentic deed, then the deed made by a degraded notary only has the power of proof as an underhand deed. Notarial deeds that are degraded into private deeds are regulated in Article 41, Article 44 paragraph (5), Article 48 paragraph (3), Article 49 paragraph (4), Article 50 paragraph (5), Article 51 paragraph (4). If the negligence committed by a notary results in losses for the parties, the parties can claim fees, compensation and interest from the notaryKeywords: Certainty; Deed; Protection.
The Legal Protection for Instrumental Witnesses in Notarial Deeds Saputra, Azrul
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

Protection of Instrumental Witnesses in Notarial deeds has not been specifically regulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries. If it is related to the investigation process regarding a Notarial deed related to a legal case, the Instrumental Witness or witness in the notarial deed will be involved in the investigation process and will be summoned as a witness for questioning. The aim of this research is to find out and analyze the legal protection of witnesses in notarial deeds and also to find out and analyze the role of witnesses in notarial deeds. The method that will be used in this research is a normative juridical research method, which is a way to obtain data from library materials, especially those related to legal issues. This means that the research will discuss normative provisions relating to the protection of witnesses and the notarial sector using the legal and regulatory approach that applies in Indonesia. Protection of Instrumental Witnesses in Notarial deeds has not been specifically regulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries. However, in general, Law Number 13 of 2006 concerning Protection of Witnesses and Victims provides legal protection for witnesses, including instrumental witnesses. Especially protection in providing testimony at trials related to criminal cases, such as protection for providing information without pressure, the right to receive legal advice, and other general matters. Keywords: Legal; Instrumental; Protection; Witness.
The Role of Notaries in Commodity Futures Trading from the Perspective of Islamic Economic Law at Pt Equityworld Futures Semarang Zunitasari, Zunitasari
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

Background: Commodity futures trading is one of the important instruments in the financial market that provides hedging opportunities and speculation on future commodity prices. In Indonesia, this activity is regulated and supervised by the Commodity Futures Trading Supervisory Agency (BAPPEBTI) and is carried out through futures exchanges such as the Jakarta Futures Exchange (JFX) or the Indonesia Commodity and Derivative Exchange (ICDX). In this transaction, the validity and legal force of the contract are very important to avoid disputes and ensure legal certainty for the parties. This is where the role of a notary becomes significant as a public official who validates the deeds of agreement and guarantees their formal validity. However, in the legal context, futures trading activities are often questioned as halal because they are feared to contain elements of gharar (uncertainty), masyir (gambling), and excessive speculation. Therefore, it is important to examine how the role of notaries in this futures trading can be aligned with the principles of Islamic economic law. Research Objectives: - to analyze the role of notaries in the creation and legalization of commodity futures trading contracts on futures exchanges. -assess the conformity of commodity futures trading practices with the principles of Islamic economic law. -explains how notaries can help maintain the validity of contracts so that they do not conflict with sharia principles, and become part of a legal system that guarantees justice and transparency in economic activities. The research method uses a normative legal research method, namely research that focuses on the analysis of legal norms.

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