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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 188 Documents
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Legal Protection for the First Certificate Holder Upon the Issuance of a Duplicate Certificate Mubarok, Mohammad Ibnu; Riyanto, Taufan Fajar
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 the legal protection for the first certificate holder in the case of the issuance of duplicate certificates and to determine the factors causing the emergence of duplicate certificates and how the Supreme Court's legal considerations in Decision No. 189K/Pdt/2011. This type of research is normative juridical with a statutory, conceptual, and case approach. The results of the study indicate that the first certificate holder has strong legal protection and its position is recognized as more legitimate than subsequent certificates. The causes of the issuance of duplicate certificates include administrative errors, negligence, or unlawful acts. The Supreme Court's considerations in the decision emphasize that the first certificate must take precedence for legal certainty. Thus, legal protection for the first certificate holder is an important part of ensuring legal certainty in the Indonesian land system. Keywords: Certificates; Dual Certificates; Legal Certainty; Legal Protection. 
Legal Aspects of the Notary's Role in Protecting Parties from Substantial Errors in Making Authentic Deeds Fadhliana, Shella; Hadi Prayitno, Ahmad
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

A notary is a public official who is appointed by the Government and then given the authority to serve the public in carrying out agreements and making and validating authentic deeds in a professional manner before the parties. However, if a Notary makes a writing error in an authentic deed, there will be a change in the meaning of the substance of the deed so that it becomes a source of lawsuits in the future by the parties who feel aggrieved. The method in this research is normative juridical. Juridical approach to law is seen as a norm called das sollen, because in this study it uses written legal materials in the form of a statute. The normative approach which analyzes the problem using legal materials with data obtained comes from document studies in the form of decisions and several scientific journals to analyze legal aspects and responsibilities of the role of a notary in protecting the parties for substantive errors in making authentic deeds. The research results obtained are: Notary formal aspects regarding criminal cases when making a letter that is not in accordance with legal actions, and using fake or falsified letters a Notary can be entangled in criminal law in Article 263 paragraph (1) and paragraph (2 ) of the Criminal Code . Responsibility is an obligation for public officials for authentic deeds made before the parties as regulated by Law Number 02 of 2014 concerning Notary Officer and using fake or falsified letters a Notary can be entangled in criminal law in Article 263 paragraph (1) and paragraph (2) of the Criminal Code. Responsibility is an obligation for public officials for authentic deeds made before the parties as regulated by Law Number 02 of 2014 concerning Notary Offices and using fake or falsified letters a Notary can be entangled in criminal law in Article 263 paragraph (1) and paragraph (2) of the Criminal Code. Responsibility is an obligation for public officials for authentic deeds made before the parties as regulated by Law Number 02 of 2014 concerning Notary Offices. Keywords: Authentic; Mistakes; Parties; Protection; Substance.
Accountability of Land Deed Officials (PPAT) for Making Covernotes in Banking Credit Agreements Purnomo, Sigid
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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Abstract

This study aims to examine and analyze the right time for Notaries-PPATs to issue covernotes, as well as the urgency and legal problems with the issuance of covernotes, along with the responsibilities of Notaries-PPATs in issuing covernotes. This study uses a normative juridical method with a literature study data collection or processing technique. The research specification is analytical prescriptive, namely a study aimed at obtaining suggestions on what should be done to overcome certain problems that can produce new arguments, theories or concepts as prescriptions in solving the problems faced. The results of this study indicate that the right time for PPATs to issue covernotes is when PPATs have truly had confidence in everything that is agreed upon in the covernote. The urgency of issuing a covernote for creditors as a temporary legal umbrella before the things agreed in the covernote are fulfilled. Problems that arise from within the PPAT include the lack of caution and indecisiveness of the PPAT in checking the certificate. All legal consequences related to the covernote are the full responsibility of the PPAT concerned. Notaries-PPATs are required to be based on the principle of caution. That before issuing a covernote, they must first check the collateral object, so that it can be ensured that the certificate is clean. Notaries-PPATs are responsible for the promises contained in the covernote. Banks should be selective in choosing debtors and Notaries-PPATs as partners.
The Urgency of the Role of Officials Making Land Deeds in the Protection of Disputed Land Buyers Dirgantari, Yuni
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 Indonesian state is basically a constitutional state, guaranteeing the recognition, respect and protection of land ownership rights. However, this is not going well in reality, this is due to the legal culture of the people who often do not heed existing laws. This situation can be seen in various kinds of land disputes between buyers and sellers or buyers with third parties related to the land seller. The role of the Notary/PPAT required has not been able to be realized optimally. This article uses the empiric method. Based on the studies conducted, it can be seen that the role of the Notary/PPAT in protecting disputed land buyers in Kendari City is currently not optimal.Keywords: Buyer; Disputed; Protection.
The Juridical Study of the Position of Joint Property Due to Divorce According to the Law on Marriage Khairi, Musthafa
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 find out and analyze the evidentiary process and the basic legal considerations used by judges for the distribution of mutually exclusive assets and to understand the legal consequences of dividing mutually exclusive assets for husband and wife resulting from a divorce at the Kendal Religious Court. The research approach used in this thesis is a sociological juridical legal research method. This research uses primary data sources and secondary data sources and then the data is analyzed qualitatively. The type of data used in this research is primary data which includes the 1945 Constitution; Law Number 16 of 2019 concerning amendments, as well as secondary data containing books and other supporting documents. Collecting research data using interview techniques and studying documents or library materials. The data analysis method used in analyzing the data is qualitative analysis. The research results show that the evidentiary process and basic considerations in decisions on joint property cases start from the examination stages, the judge's considerations in his decision are based on evidence. The division of joint assets is carried out in accordance with the provisions of the applicable law. The judge's decision regarding the distribution of joint assets as a result of divorce is in accordance with the applicable rules or regulations. Judging from the applicable legislation, Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage and KHI is appropriate, namely that joint assets are divided between the plaintiff and the defendant so that each gets ½ of the joint assets. Keywords: Marriage, Divorce and Gono-Gini's Assets)
The Effectiveness of Electronic Deed Minutes Storage in Notarial Practice in the Digital Era Situmorang, Saut Tua; 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

Abstract. This study aims to analyze: 1) Legal regulations in Indonesia that support the storage of electronic minutes of deeds in notarial practice. 2) The effectiveness of storing electronic minutes of deeds in notarial practice if implemented in the digital era. This type of research falls within the scope of normative legal research. The approach method in this study is a statute approach. The type of data in this study is secondary data, which consists of primary, secondary and tertiary legal materials. The data collection method was obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) Legal regulations in Indonesia have basically provided a sufficient basis to support the storage of electronic minutes of deeds in notarial practice, although they still require further strengthening and adjustment. The Notary Law (UUJN) has not explicitly regulated the technical aspects of storing minutes of deeds in electronic form, however, legal regulations in Indonesia have actually provided space for the digitalization of notarial archives through systematic interpretation of several provisions, such as Article 15 paragraph (3) of the UUJN and significant changes in Article 5 of the ITE Law which now no longer excludes notarial deeds from being recognized as valid electronic documents. 2) In the digital era, storing minutes of deeds electronically is considered very effective, especially from the aspects of efficiency, security, and ease of access. This effectiveness will be optimal if supported by regulatory updates, reliable digital infrastructure, increased digital literacy of notaries, and the acceptance of the legal culture of the community towards electronic systems.Keywords: Effectiveness; Electronic Deed Minutes; Notary.
The Strength of Notarial Deed Proof as Evidence in the Civil Court Process Demak, Astri Angreani Kiyai
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

The judiciary has a very important position and role in accepting, adjudicating and deciding every case submitted to it. When deciding a civil case, the court must pay attention to the evidence presented by the parties. An authentic notary deed is perfect evidence and can be used as evidence in court. The aim of this research is to determine and analyze the evidentiary strength of notarial deeds canceled by the Court in the civil justice process, as well as to determine and analyze the responsibilities of notaries as public officials due to the cancellation of deeds by the Court. The method used by researchers is normative juridical with a statutory approach. The specifications of this research are prescriptive. The type of data used is secondary data sourced from materials obtained from literature studies. Based on the results of the research, 1) a Notarial Deed is an authentic deed, where as written evidence it has a high position in evidence, that is, it has perfect evidentiary power and is binding like a judge's decision. So there is no need to create or supplement other evidence. If a party denies it, that party must prove their statement in accordance with applicable legal regulations. If it can be proven in a court that one or all of the evidence is external, formal or material, the evidentiary strength of the notarial deed is degraded as a private deed. 2) The notary as an official who has the authority to make authentic deeds is fully responsible if the deed he makes is detrimental to clients/people using notary services. In the event that a Notary's deed is annulled by a judge's decision in court, then if it causes losses to interested parties, the Notary can be required to provide compensation, as long as this occurs due to the Notary's fault. The Law on Notary Positions (UUJN) has determined that only notarial deeds that are proven to have degraded in evidentiary value as private deeds can be subject to civil sanctions. For notarial deeds that are cancelled, notarial deeds that can be cancelled, notarial deeds that are null and void by law, notarial deeds that do not have binding legal force and invalid notarial deeds, there are no sanctions whatsoever against the Notary.
Legal Protection Of Communities Who Have Customary Land Rights (Case Study of Decision Number 2087 K/Pdt/2012) Kholis, Fikri Al
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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Abstract

This study examines legal protection for communities with rights to customary land through a case study of Decision Number 2087 K/Pdt/2012.Customary land disputes are complex issues and often cause prolonged conflict in Indonesia. This study aims to evaluate the extent to which court decisions in the case reflect fair legal protection for indigenous peoples and their implications for the recognition of customary land rights in Indonesia. This type of research is normative legal research using a normative legal approach method. The method of collecting data for this study is a literature study that will be analyzed qualitatively by examining court decision documents, relevant laws and regulations, and related literature. The results of this study examine how Indonesian law views the legal protection of customary land rights communities and reveals how the results of the settlement of customary land disputes in Decision Number 2087 K / Pdt / 2012 are fair in accordance with applicable regulations, the legal system to ensure that the rights of indigenous peoples are recognized and protected fairly. In addition, this study uses the theory of legal protection and the theory of legal justice as analytical tools in rejecting data that aims to continue to contribute to efforts to improve legal protection for indigenous peoples and ensure the application of the principle of justice in the national legal system.
Roles and Responsibilities of Notaries in Making Certificates of Inheritance Rights for the Disbursement of Time Deposit Savings Funds by Heirs Yanita, Novinia
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 writing aims to find out and analyze the role and responsibilities of Notaries in making certificates of inheritance rights for the disbursement of time deposit savings funds by heirs, the obstacles and ways to overcome obstacles faced by Notaries in making certificates of inheritance rights for disbursement of time deposit savings funds by heirs, and a sample deed of certificate of inheritance rights for the disbursement of time deposit savings funds by the heirs. This research uses empirical legal research. In this research, the object of study is sociological juridical legal research. The analytical knife in this writing uses the theory of legal responsibility and the theory of legal certainty. The results of the research show that the role of a notary in making a certificate of inheritance rights for the disbursement of time deposit savings funds by the heirs is to carry out a certificate of inheritance rights according to procedures. Notary responsibilities include the Notary's civil responsibilities regarding the material truth of the Deed he or she makes, in the construction of an unlawful act. The obstacles faced by notaries include legal substance, legal structure and legal culture. The way to overcome the obstacles that occur is that the Notary as the letter maker is more careful, the Notary needs to know and understand all the provisions that apply to certificates of inheritance rights in Indonesia. Keywords: Certificate; Deposit; Inheritance; Time.
Analysis of Productive Waqf Implementation in Community Economic Empowerment at Baitul Muttaqin Mosque, Brebes, Central Java Adhim, Muhammad Farid Abdullah
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

Implementation of productive waqf at Baitul Muttaqin Mosque, Brebes Regency, Central Java in the management of waqf assets, such as land and buildings, which are converted into productive businesses that can generate income. The income generated from this business is used to fund various community empowerment programs. This study aims to analyze the implementation of productive waqf at Baitul Muttaqin Mosque, Brebes Regency, Central Java, and to identify obstacles and solutions in empowering the community economy. Management of productive waqf at Baitul Muttaqin Mosque, Brebes Regency, Central Java is also supported by training and education for administrators and congregations, ensuring that management runs effectively. This study is an empirical legal study with a qualitative approach that aims to analyze the implementation of productive waqf in empowering the community's economy at the Baitul Muttaqin Mosque, Brebes, Central Java. A qualitative approach is used to gain an in-depth understanding of the concept of productive waqf applied in the local context, as well as its impact on the economic welfare of the local community. The data analysis method used is descriptive, where the researcher describes the process of managing waqf assets and the forms of businesses developed, as well as their impact on the economic life of the community. In addition, this study uses two theories as analytical tools in data processing, namely the theory of the workings of law and the theory of legal effectiveness. The main focus of this study is to understand how productive waqf is managed by mosque administrators and community participation in the process. The results of this productive waqf show great potential in empowering the community and supporting sustainable social development.

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