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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 241 Documents
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The Effectiveness of Implementing a Complete Systematic Land Registration (PTSL) Policy in Realizing Legal Certainty for Rightsholders Rahmanto, Endy Satya; Mashdurohatun, Anis
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 purpose of the implementation of registration and issuance of land certificates as stated inGovernment Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration.is a manifestation of the purpose of land registration itself and one of the products is a certificate of land rights.The PTSL program is a land registration activity that is carried out simultaneously which covers all land registration objects that have not been registered in one village area or other names.The existence of the PTSL program indirectly provides legal protection to the community in owning land rights because mprotect the actual holder or owner of land rights and there is no guarantee from the government regarding the correctness of juridical data and physical data listed in the land book register or land certificate. Research objectives namely to find out and analyze the implementation of PTSL policies and the effectiveness of the PTSL program in realizing legal certainty for rights holders in the Lamongan Regency area. From the research carried out, it can be concluded that the PTSL of the District Land Office was carried out in several stages, namely: preparation, counseling, data collection and processing of juridical data processing, land inspection, announcement of physical data, validation of physical data, issuance of decisions on granting land rights, bookkeeping of rights over land, issuance and submission of certificates, document management, and reporting.Effectivenessthe implementation of the PTSL policy and its solutions are explained at several points, namely: 1)That the PTSL program has been effective can be seen from the objectives to be achieved through the PTSL program. This is also supported by the important role of several related parties such as the National Land Agency, the subdistrict, the village head and the head of the environment; 2) The PTSL program has been successfully implemented in Bluluk and Kedungpring Districts. The PTSL activity was successful because of the community's enthusiasm for the free land registration program and the 100% completion, namely 2,500 certificates; 3) The PTSL program already has simple facilities and infrastructure that support the success of this program such as a hall as a temporary post for the BPN and tables and chairs; 4) The program has been implemented in accordance with the plan, namely with evidence that the program has been implemented according to plan, namely the presence of BPN officers who are at the command post,Keywords: Certainty; Rights; Holders.
Juridical Review of the Position of Land Deed Drafting Officials (PPAT) in Implementing Deeds of Imposition of Mortgage Rights Prasetyo, Bagus Agung Yuda; Fajar Riyanto, Taufan
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 position of Land Deed Making Officials (PPAT) in implementing Deeds of Encumbrance of Mortgage Rights, as well as to find out various obstacles and ways to overcome obstacles in the implementation of Imposition of Mortgage Rights. This research uses a sociological juridical approach. Data sources were obtained from several stages, namely through field research (interviews) and library research. Data analysis in a systematic way includes data reduction, data presentation and drawing conclusions. Based on research, it is concluded that the position of the Land Deed Making Officer (PPAT) in implementing the Imposition of Mortgage Rights is to bridge the interests of the debtor with the interests of the creditor so that both parties get a sense of justice. , usefulness, and legal certainty in binding mortgage guarantees. The obstacle experienced by PPAT in implementing the imposition of mortgage rights is that there are still banks that allow them to impose mortgage rights on land that has not been certified. However, this method can cause many risks. Keywords: Land; Registrar; Imposition; Mortgage; Position; Rights.
Role and Responsibility of Notaries in Making Wills That Have the Potential to Violate Heirs' Rights Based on Islamic Inheritance Law in Jepara District Purwanto, Purwanto
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 and analyze the role and responsibility of Notaries in making wills that have the potential to violate heirs' rights based on Islamic inheritance law in Jepara District. This study uses an empirical juridical approach, the research specifications are descriptive qualitative, the data collection method for primary data is by interview and secondary data is by literature study, the data analysis method is descriptive analysis. Based on the results of the data analysis, it can be concluded that Jepara Notaries have a very large role and responsibility in preventing inheritance disputes in the Jepara area, namely that notaries must always educate heirs who wish to make a will so that in making the will they do not violate the maximum limit that may be bequeathed.
The Role of Notaries in the Implementation of Credit Agreements with Guarantee of Mortgage Rights Susanto, Mellany Ayu; Adillah, Siti Ummu
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

The role of a Notary is needed to ensure that the implementation of the credit agreement runs smoothly. This study aims to analyze the role of a Notary in the implementation of a credit agreement with collateral rights at Bank BRI Unit Sendangmulyo and to identify the obstacles faced in the process. This study also seeks to find solutions to various obstacles that arise. The research approach method is sociological juridical. The research specification is descriptive analytical. The type of data uses primary and secondary data, the primary data collection method uses observation and interviews, and secondary data uses literature studies. The analysis method is qualitative descriptive analysis. The results of the study indicate that in running its business, Bank BRI Unit Sendangmulyo involves a Notary as a working partner. The Notary acts as a public official who is authorized to make authentic deeds for credit agreements, including deeds related to collateral rights. Meanwhile, obstacles from the Notary include obstacles from the Customer, obstacles from the Bank, and obstacles from the Notary. Obstacles originating from the Customer are the use of credit deviating from its original purpose. Efforts made in the form of policies in saving bad credit through rescheduling, reconditioning, restructuring. Obstacles from the Bank are negligence of bank officers, the Head of the credit section concerned is absent, and the distance between the Notary's office and the BRI Unit Sendangmulyo office is far. The effort is to urge Bank officers to be more focused. Obstacles from the Notary are the Notary's carelessness and the failure to change the name on the certificate used as the Mortgage Right and the accuracy of the promise by the debtor customer. The effort is to increase the Notary's caution and to check the documents before the credit agreement is signed to obtain certainty on behalf of the certificate and all parties must reach an agreement.
The Legal Certainty of Notary Deeds in Indonesia Used in Countries Not Joining the Apostille Convention Rizkawati, Ninda; Arpangi, Arpangi
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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Abstract

This study aims to find out and analyze legal certainty over the legal status of authentic deeds of Indonesian notaries that are used outside the territory of Indonesia and to find out and analyze the steps that must be taken by notaries so that authentic deeds of notaries in Indonesia can be used outside the territory of Indonesia which not yet a member of the Apostille convention. This research uses Normative Research Methods, with a Conceptual approach and Legislation. The data source used is secondary data in the form of primary, secondary and tertiary legal materials. Data collection techniques using the Library Studies method. With the method of data analysis using Perspective analysis. The results of the study show that: First, the legal status of the Authentic Deeds of Notaries in Indonesia that are applied for through the Legalization process through Diplomatic or Consular channels and the Legalization of Apostille are equally valid. outside the territory of Indonesia that have not joined the Apostille Convention by fulfilling the elements of the validity of an Authentic Deed based on statutory regulations, taking into account the general principles and principles of National Civil Law, National Civil Law of Destination Countries, and International Law. The register Notary specimens at the Directorate General of General Legal Administration, as well as carry out the document legalization process.
The Notary's Responsibility for Legalization of Letters Underhand Based on Basic Legal Values Octaviani, Sri Ayuning Triana Rizqi; Hafidz, Jawade
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 responsibility of Notaries for the legalization of private documents based on basic legal values and the legal consequences of private letters that have received Notarial legalization. The approach that this author will take is the Sociological Juridical approach. The Sociological Juridical Approach emphasizes research that aims to obtain legal knowledge empirically by going directly into the object. Sociological Juridical Research is legal research using secondary data as initial data, which is then continued with primary data in the field or towards the community, examining the effectiveness of a Ministerial Regulation and research that seeks to find relationships (correlations) between various symptoms or variables. Based on research, it can be concluded that the Notary's responsibility for the veracity of the legalized private letter is the certainty of the signature, meaning that it is certain that the person signing the signature is indeed the party in the private letter, not someone else. The legal consequences of a private letter that has received legalization from a Notary can be more helpful for the judge in terms of proof because by acknowledging the signature, the contents of the letter are considered to be an agreement between the parties because the truth of a private letter lies in the signatures of the parties, so the signature of the letter is acknowledged. This is perfect proof. Keywords: Accountability; Legalization; Notary Public; Underhand.
Implications of The SKMHT Validity Period According to The Term of Subsidized Home Finance in Connection With The Principle of Lex Superior Derogat Legi Inferiori Mardiana, Fitri; Sri Darmadi, Nanang
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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Abstract

Regulation of the Minister of Agrarian Affairs of the Head of BPN No. 22/2017 Concerning the Determination of the Time Limit for the Use of a Power of Attorney to Encumber Mortgage Rights to Guarantee the Settlement of Certain Credits, if the regulation of the ATR/BPN ministry is enforced, there will be a conflict of norms between Law Number 4 of 1996 concerning Mortgage Rights and the regulation of the ATR/BPN ministry. Regulation of the ATR/BPN ministry number 22 of 2017 overrides the Mortgage Rights Law in terms of the limitation of the SKMHT period. The principle of Lex Superior Derogat Legi Inferiori states that lower regulations must not conflict with higher regulations. Regulations with lower authority should not exceed higher regulations. The purpose of this study is to analyze the effect of changes in SKMHT regulations in subsidized housing financing based on the principle of lex superior derogate legi inferiori. This research method is a normative legal research method. The approach in this study uses a case approach and a legislative approach. The data required includes secondary data consisting of the 1945 Constitution; Law Number 10 of 1998; Law Number 21 of 2008;Law Number 12 of 2011,  Law Number 4 of 1996; Regulation of the Minister of Agrarian Affairs of the Head of BPN No.22/2017; Regulation of the Minister of Public Works and Public Housing of the Republic of Indonesia Number 35 of 2021, as well as books and other supporting documents. Taken with the method of data collection using library techniques. The data analysis method is prescriptive. Based on the research, it was concluded that the conflict of legal norms occurred due to differences in the regulations regarding the period of use of SKMHT between the Mortgage Rights Law and Regulation of the Minister of ATR/BPN No. 22 of 2017. The Mortgage Rights Law regulates the maximum period of SKMHT for 3 months, while Regulation of the Minister of ATR/BPN No. 22 of 2017 regulates that the period of SKMHT can be valid during the credit period or until the end of the principal agreement. The Mortgage Rights Law as a law has a higher degree compared to the Regulation of the Minister of ATR/BPN which is an implementing regulation. Therefore, based on the principle of lex superior derogate legi inferiori, the regulations in the Mortgage Rights Law should apply.
Misuse of The Notary's Right to Reject in Investigation of Criminal Cases Regarding Deeds He Made Iswahyudi, Iswahyudi; Arifulloh, Achmad
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. Notaries have an important role in ensuring legal certainty through the creation of authentic deeds. However, in practice, the right of denial held by notaries often becomes an obstacle in the investigation of criminal cases involving deeds they have made. This right aims to protect the confidentiality of the position and the interests of the client, but on the other hand, it can hinder the law enforcement process when the notary refuses to comply with the investigator's summons. This study uses a normative legal approach, meaning that the study was conducted using a literature study approach and a statute approach. Data type the type of data uses secondary data obtained from a literature study. The analysis in this study is prescriptive. The results of this study indicate that although notaries are given legal protection to maintain their professional independence, there is tension between the notary's legal obligation to comply with investigators' summons and the right to maintain the confidentiality of documents created. Failure to comply with investigators' summons can result in administrative or criminal sanctions, as well as hinder investigations and law enforcement. To maintain a balance between the protection of the notary profession and law enforcement, there needs to be strengthening of professional supervision and revision of regulations related to investigation procedures for notary documents. This study also highlights the importance of ongoing education for notaries regarding their rights and obligations, as well as training for investigators to understand the limitations of their authority in handling notary documents, in order to avoid abuse of authority and maintain the principle of due process of law.Keywords: Authentic Deed; Criminal Investigation; Notary; Right of Refusal
Legal Analysis of Legal Certainty of Land Ownership Rights for Foreign Citizens (WNA) in Indonesia Maemunah, Siti; Hafidz, Jawade
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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Abstract

This study aims to analyze: 1) Legal certainty of land ownership rights for foreign nationals (WNA) in Indonesia. 2) Legal consequences of the transfer of land ownership rights covertly by foreign nationals (WNA). This type of research is included in the scope of normative legal research. The approach method in this study is the statute approach. The types and sources of data in this study are secondary data obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) Legal certainty of land ownership rights for foreign nationals (WNA) in Indonesia is strictly regulated by the Basic Agrarian Law (UUPA) and its implementing regulations. According to Article 42 of the Basic Agrarian Law (UUPA), WNA can only be given use rights and lease rights to land, not ownership rights. In addition, Article 52 paragraph (1) of Law Number 1 of 2011 concerning Housing and Residential Areas (as amended by Law Number 6 of 2023) emphasizes that foreign nationals can occupy houses with rental rights or usage rights. The main criteria for foreign nationals to own a house with rental rights or usage rights is the ownership of valid immigration documents in accordance with the regulations. The usage rights and rental rights system limits foreign nationals from having full control over a house or land, in accordance with Article 21 and Article 26 of the UUPA. 2) The legal consequences of the transfer of land ownership rights in a disguised manner by foreign nationals (WNA) have serious legal implications, considering that this violates the basic principles of the Basic Agrarian Law (UUPA) which limits land ownership rights only to Indonesian Citizens (WNI). Hidden agreements, such as nominee agreements, which aim to circumvent the provisions of agrarian law, are therefore considered null and void according to Article 26 paragraph (2) of the UUPA. As a result, the promised land will fall to the state, and the parties involved cannot demand a refund. This kind of agreement is contrary to the valid conditions of an agreement according to Article 1320 of the Civil Code, especially regarding the object of the agreement and the purpose that does not conflict with the law.
Legal Implications in The Execution of a Will Without Making a Will Authentic Deed in the Conception of Legal Certainty Nuha, Revana Mahran; 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. The legal system in Indonesia is pluralistic in nature, in which it applies as a legal system that has its own characteristics and structure, namely the customary legal system, the Islamic legal system, the western legal system (civil). In this case, inheritance law is also regulated in it. Where in Islam, a "will" is an act of someone giving an object or benefit to another person or institution/legal entity, which is valid after the giver dies, the research method uses a normative legal approach. The specification of legal research that will be used in this writing is descriptive research, the method of data collection in this study through literature studies and documentation studies. Data analysis in a systematic way includes data reduction, data presentation and drawing conclusions. Based on the research results, it can be concluded that the Legal Implications for the Implementation of a Will Without Making an Authentic Deed in the Concept of Legal Certainty, namely the legal certainty of a will without a Notary deed in the KHI with the Civil Code is that it has a written legal basis, is the last statement of the testator after before he died and its implementation after the testator dies, can be revoked and can be cancelled or canceled, has the aim of human welfare so that there is no dispute between the heirs. The difference between a will without a Notary deed in the KHI is a minimum age of 21 years while the Civil Code is a minimum age of 18 years, seen from the recipient of the will in the KHI, namely another person or institution while the Civil Code is an outsider and the heir, seen from its form in the KHI, namely oral or written or before a Notary while the Civil Code is written before a Notary or deposited/stored by a Notary. Legal Protection for Will Recipients Who Make Wills Without Making an Authentic Deed If There is a Dispute Between the Parties, namely the legal consequences of wills without a Notarial deed, making the will vulnerable to lawsuits from interested parties because the evidence is not strong enough and there is no legal certainty. According to the KHI and the Civil Code, wills need to be proven authentically, this is intended so that negative things that are not desired by the testator or the will recipient do not occur.Keywords: Certainty; customary; Legal; Notarial.

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