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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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The Legal Protection of Auction Winners Execution of Mortgage Guarantee Auction Agustina, Erika Putri
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

Legal Protection for the winner of the Mortgage Execution Auction means that there is a legal certainty regarding an object for the winner of the Mortgage Auction Execution.In the auction process that has been carried out, there will be legal consequences, namely the transfer of the rights of the auction object from the seller to the auction winner. In practice, the transfer of rights to the auction object raises a problem, such as the auction winner being unable to control the object because it is controlled by a third party. The empirical juridical approach is that this research means that in analyzing the problem it is carried out by combining legal materials (which are secondary data) with primary data obtained in the field, namely regarding "Legal Protection of the Rights of the Winner of the Mortgage Execution Auction.This study draws a conclusion that the provisions for purchasing land and buildings through auctions in Indonesia can be interpreted from the provisions of Article 1313 of the Civil Code and Article 1320 of the Civil Code regarding the terms of the validity of the agreement, then referring to Article 1 point 11 of Act No. 10 of 1998 concerning Amendments to Act No. 7 of 1992 concerning Banking, credit agreements do not always go well there are problems that arise, namely bad credit, to resolve the problem of bad credit then refer to Article 6 of Act No. 4 of 1996 concerning Mortgage Rights. Then it also refers to Article 1457 of the Civil Code regarding buying and selling.Keywords : Execution; Mortgage; Protection.
The Legal Protection for Notary Employees as Witnesses in Making and Inaugurating Deeds Nadiyon, Nadiyon; Gunarto, Gunarto
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 position of notary witnesses in making deeds and how legal protection is for notary employees as witnesses in making and formalizing deeds. This research uses normative juridical research methods. The results of the research conclude that the position of instrumental witness plays a role in witnessing 2 (two) important stages in making a deed, namely the process of reading and signing (validating or formalizing) the deed and legal protection for notary employees as witnesses in making and formalizing the deed. Legal protection is found in the Law. Law of the Republic of Indonesia Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. Keywords: Employees; Instrumental; Protection; Witnesses.
Legal Implications of Notarial Digitalization on the Validity of Notarial Deeds Wijaya, Eko; 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) The legal implications of notarial digitization on the validity of notarial deeds. 2) Obstacles and solutions in the notarial digitization process related to the validity of notarial deeds. This type of research falls within the scope of normative legal research. The approach method in this study is a statute approach. The type and source of data in this study are secondary data obtained from literature studies. The analysis in this study is prescriptive. The results of the study conclude: 1) The digitalization of notarial deeds has a significant impact on the validity of notarial deeds, especially because the formal requirements for authentic deeds as stipulated in Indonesian positive law have not yet been met. Although Article 5 paragraph (4) of the ITE Law recognizes electronic documents as legal evidence, the absence of explicit provisions in the Notary Law (UUJN) means that digital notarial deeds cannot yet be equated with conventional authentic deeds. As a result, electronic deeds risk losing their full evidentiary power before the law, creating legal uncertainty, and threatening the protection of the parties' rights. Therefore, regulatory reform containing specific provisions regarding electronic notarial deeds is an urgent need to guarantee validity, evidentiary power, and balanced legal protection in the digital era. 2) In its implementation, the digitalization of notarial deeds faces various obstacles such as legal vacuums, procedural uncertainty, threats to electronic data security, limited understanding of technology among notaries, and the absence of uniform operational standards. These obstacles can hinder the implementation of valid and effective digital deeds. To address this, concrete solutions are needed in the form of comprehensive regulatory updates, the development of digital-based standard operating procedures, strengthening information technology security systems, improving notary digital literacy through ongoing training, and strengthening cross-institutional collaboration. Keywords: Deeds; Digitalization; Notary.
Responsibilities of Notaries/PPAT in Ensuring Legal Certainty Regarding The Delivery of Land Rights Certificates by Developers to Buyers Prameswari, Kintan Kartika; 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 examines the responsibilities of Notaries and Land Deed Officials (PPAT) in ensuring legal certainty regarding the transfer of land title certificates by developers to buyers. Problems often arise when developers fail to hand over certificates even though buyers have fully paid their obligations, thus creating legal uncertainty and harming consumers. This study uses a normative juridical method with a statute approach. Data were obtained through literature review and analyzed qualitatively using descriptive-analytical methods. The results show that Notaries/PPATs have the responsibility to ensure that the deeds they make meet formal and material requirements, and play a preventive role in protecting buyers' rights. Therefore, strengthening regulations and oversight mechanisms is needed to ensure legal certainty.Keywords: Certificate; Developer; Legal Certainty; Notary; PPAT. 
Position of Fiduciary Security Holder for Creditors If the Debtor Defaults Aji, Satria
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

.
Implementation of Notary Cooperation with Banks in Making Fiduciary Guarantee Deeds (Case Study: PT. BPR Bumi Sediaguna, Tegal Regency) Proborini, Jessica Refi
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 role of a notary very important in helping to create certainty and legal protection for the community, because a notary as public official authorized to make an authentic deed, the implementation of the notarial deed, one of them is a guarantee of the fiduciary over to the notary telepas bank did not.But in practice in melakasanakan business it, always had difficulty in making the deed fiduciary security.The purpose of the research is to analyze: 1) Implementation of cooperation with the notary in making the deed in pt fiduciary security.Earth sediaguna district tegal BPR. 2) Obstacles and solutions in the implementation of cooperation with the notary in making the deed in pt fiduciary security.Earth sediaguna district tegal BPR. The approach method in this study is an approach to legislation (state approach).This type of research includes the scope of normality empirical legal research.Type and data sources in this study are primary data and secondary data obtained research on library or libraryl research and field research.The analysis in this study is descriptive. Research concluded: 1). A fiduciary agreement stated in a notary deed called a fiduciary bail deed.Confirmation of fiduciary security agreements was made with a notary deed by attaching debit documents related to fiduciary security binding.Credit agreements made with fiduciary guarantees are not legal guarantees., but it appears because there is a need for contracts between banks as creditors and customers as debitors.Legal function of binding fiduciary objects in fiduciary bail certificates cannot be separated from credit agreements.But in practice often the received documents are incomplete, This led to delays in the creation of fiduciary bail certificates. 2) Obstacle and solution in implementing notary cooperation with the bank in creating fiduciary bail certificate in pt.Bpr Earth is used. The moor district is often incomplete on banks. Input data into credit agreements.
Legal Analysis of Cancellation of Deed of Granting Mortgage Rights (APHT) Which Has The Potential to Be Defamatory to Creditors (Study of Semarang District Court Decision Number 11/Pdt.G/2023/PN Smg Jo. 405/PDT/2023/PT SMG ) Pambudi, Laksana Yudha Putra
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

The bank as a creditor and holder of the mortgage rights is still under threat when there is a judge's decision that cancels the mortgage rights. The objectives of the study are 1) To analyze the judge's decision in case number 11/Pdt.G/2023/PN SMG Jo. 405/PDT/2023/PT SMG; 2) To analyze the legal consequences that occur in the event of cancellation of APHT; 3) To analyze the legal protection for the banking party as a creditor for the cancellation of APHT. This research method is normative legal research with a legislative approach and a case approach. The data used is secondary data. Data collection uses literature studies and data analysis uses qualitative analysis methods. The results of the study are 1) the decision of the panel of judges in case 11/Pdt.G/2023/PN SMG if based on laws and regulations is appropriate and this is reinforced by decision number 405/PDT/2023/PT SMG but if associated with field facts and the principle of legal certainty, the decision to cancel and delete APHT-SHT is not in accordance with the principle of legal certainty. 2) The legal consequences of the cancellation of APHT are the loss of guarantees of debt receivables for creditors along with the privileges attached because the creditor's position is a concurrent creditor. 3) legal protection that can be received by creditors is in the form of the formation of laws and regulations that protect creditors' rights in the event of cancellation of APHT as preventive legal protection while repressive legal protection is litigation and non-litigation legal efforts that can be carried out by creditors.
The Role of the Regional Supervisory Board in Enforcing the Notary Code of Ethics in Sragen Regency Suyatmi, Suyatmi; Hafidz, Jawade
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 analyze: 1) The role of the Regional Supervisory Council in the implementation of the enforcement of the notary code of ethics in Sragen Regency. 2) Challenges of the Regional Supervisory Council (MPD) of Notaries in the framework of enforcing the code of ethics for notaries in Sragen Regency. This type of research is included in the scope of empirical research. The approach method in this study is a sociological legal approach. The types and sources of data in this study are primary and secondary data, obtained through interviews and literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1). The role of the Regional Supervisory Council in the implementation of the enforcement of the notary code of ethics in Sragen Regency is to ensure that notaries carry out their duties in accordance with the code of ethics and applicable laws and regulations. MPD functions as a supervisor and mentor, with the main task of providing guidance through socialization, training, and evaluation of notary performance in order to prevent violations. In addition, MPD also periodically supervises notary protocols and follows up on public complaints regarding alleged violations of the code of ethics or notary positions. As a supervisory institution, the MPD has the authority to hold hearings on alleged violations, grant leave permits, appoint replacement notaries, and determine the storage location for protocols that are 25 years oldormore. 2) Challenges of the Regional Supervisory Council (MPD) of Notaries in enforcing the code of ethics for notaries in Sragen Regency, namely the Regional Supervisory Council (MPD) of Notaries in Sragen Regency faces various challenges in enforcing the code of ethics, including limited authority, lack of resources, minimal supporting facilities, and low legal awareness among the community and notaries themselves. In addition, complex bureaucracy and a legal culture that is still developing also hamper the effectiveness of supervision. Therefore, it is necessary to strengthen regulations, increase the capacity of the MPD, optimize facilities, and provide legal education for the community and notaries in order to create more effective and professional supervision.Keywords: Code of Ethics Enforcement; MPD; Notary
The Legal Certainty of Hotel Condominium Agreements Between PT. Banua Anugerah Sejahtera with The Owner of The Grand Banua Condotel Susanto, Himawan
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

Hotel condominiums are accommodations that can be used as an alternative to support the high mobility of today's society. This has made Condotel grow rapidly in Indonesia, however, this development is not in line with the existence of clear legal regulations. The approach used in this paper is a sociological juridical approach, which is an approach by seeking information through direct interviews with informants empirically first and then proceeding with conducting research on secondary data contained in literature studies through theoretical steps. Based on the study in this paper it is known. The implementation of hotel condo agreements so far has not had a legal footing in Indonesia, this has resulted in many developers and builders often seeking large profits without heeding the principles of good ethics in buying and selling agreements and managing hotel condos. The weakness that makes the condo hotel agreement policy in Indonesia not fair is the weakness of laws and regulations in the form of non-regulation of the contents of the condo hotel agreement and the position of the condo hotel in Act No. 20 of 2011, this results in no oversight regarding the sale and purchase agreement. and management of hotel condominiums, so that many actors in the development and construction of hotel condominiums seek profit through sale and purchase agreements and management of hotel condominiums by excluding consumers or hotel condotel owners (condotel).Keywords: Assurance; Condominium; Hotel.
Juridical Analysis of the Implementation of Land Mafia Eradication Majid, Abdul
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

Land mafia is a serious problem that can harm society and the country. As a serious problem, the law, which is a state instrument in national land planning which is mandated to be able to eradicate the land mafia, has not been implemented optimally. This is proven by the increasing number of land mafia cases, including in the Indramayu Regency area. This paper uses a type of sociological or empirical legal research method which includes legal identification and legal effectiveness. Empirical legal research is legal research in which data is obtained through primary legal data or data obtained directly in society. Keywords: Eradication; Juridical; Land; Mafia.

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