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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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Legal Consequences of Differences in Transaction Values in Land Sales and Purchase Deeds and the Real Prices Before The Land Deed Official Moertihari, Safira Karenina; 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 determine and analyze the legal consequences arising from the difference in transaction value in the land sale and purchase deed with the real price before the Land Deed Making Officer and to determine and analyze the legal responsibility for the Land Deed Making Officer (PPAT) for the difference in transaction value with the actual price in the Sale and Purchase Deed (AJB). This study is an empirical normative legal research, namely legal research on legal norms, legal practices and also common legal behaviors and finding legal opinions and explaining legal realities that are descriptive and value-free. The formulation of the problem that the researcher took was what are the legal consequences of the sale and purchase deed made by the PPAT related to the difference in the price that is not actual and what are the legal consequences of the sale and purchase deed that does not correspond to the real price. The results of the study explain that the validity of the Sale and Purchase Deed (AJB) made by the Land Deed Making Officer (PPAT) related to the difference in the price that is not actual causes the deed to be legally flawed. Legal consequences The difference in transaction value in the land sale and purchase deed with the real price gives rise to legal consequences in the fields of taxation and criminal law. Keywords: Differences in Transaction Value; Land Deed Making Officials; Land Sale and Purchase Deeds; Legal Consequences; Real Price.
The Urgency of Debtor Protection from Misbruik Van Omstandigheden Carried Out by Creditors in the Implementation of Viat Parate Execution of Mortgage Collateral Objects Amalia, Ayu Zahrina
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

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The Role of Land Deed Officials (PPAT) in Certifying Customary Land Wijaya, Dwi Julianto; Bawono, Bambang Tri; Hafidz, Jawade
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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This research aims to: (1) To determine and analyze the implementation of registration/certification of customary land in Cirebon Regency. (2) To determine and analyze the role of PPAT in the implementation of registration/certification of customary land. The approach method in this research is sociological juridical. The research specification is analytical descriptive. Data collection tools consist of document or library material studies and interviews. Required data Primary Data and Secondary Data. Primary data was collected through interviews, and (2) secondary data was collected through literature study. Data analysis in this research was carried out qualitatively, that is, the data obtained was compiled systematically and then analyzed qualitatively to explain the problem being studied.1998, as well as Head of BPN Regulation Number 1 of 2006. Keywords: Land; PPAT; Registration.
Notary's Responsibility for Loss of Minutes of Deed Due To Negligence Dardiri, Ismail; Hasana, Dahniarti
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

The implication of the Notary's obligation to keep the minutes of the deed, if the minutes of the deed are lost due to his or his employees' carelessness, it can be said that the Notary has not carried out his obligations, and is subject to sanctions ranging from written warnings to dishonorable dismissal. The purpose of this study is to determine and analyze: 1). The Notary's responsibility for the loss of minutes of the deed due to his negligence. 2) Application of Notary Sanctions whose Negligence Resulted in the Loss of Minutes of the Deed and the Obligation to Keep Minutes of the Deed. The approach method in this study is sociological juridical. The data used are primary and secondary data obtained through interviews and literature studies. The technique of collecting legal materials in this study is by using observation techniques, interviews and literature review techniques (document studies) while the data analysis method is carried out using descriptive analytical methods. The results of the research concluded: 1) The role and responsibility of a Notary in resolving the problem of the loss of minutes of a deed due to negligence is in accordance with Article 16 paragraph (1) letter b of the Notary Law, namely making a deed in the form of minutes of a deed and storing it as part of the Notary Protocol. In resolving the loss of minutes of a deed, one of the ways is to compensate the parties, if the parties are harmed by the Notary concerned, while sanctions for Notaries who are negligent in storing the minutes of a deed they have made can be subject to sanctions in the form of verbal warnings, written warnings, temporary dismissal, honorable dismissal and dishonorable dismissal. 2) Legal implications for Notaries who due to their negligence result in the loss of minutes of a deed, namely they can be subject to sanctions, as stated in Article 9 paragraph (1) letter d of the UUJN, namely temporary dismissal from their position as Notaries for violating the obligations and prohibitions of their position. Notaries in carrying out their position must remember that the deed made by or before them is an Authentic Deed. The Authentic Deed is in the form of minutes of the deed which becomes a State Document/Archive and the agreement stated therein becomes law for those who make it. If the Notary in making the deed does not comply with the applicable laws and regulations, in this case it is not in accordance with the UUJN, then the Notary's actions can be qualified as an unlawful act. Unlawful Acts are regulated in Articles 1365 to 1380 of the Civil Code. Article 1365 states that every unlawful act that causes loss to another person causes the person who is wrong to issue the loss to compensate for the loss.
Notary's Responsibility for The Occurrence of Identity Forgery in The Making of Authentic Deeds (Demak District Court Decision Study No.143/Pid.B/2023/PN Dmk) Shaifuddin, Muhammad; Taufiq, Muhammad
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. Currently the number of Notaries in Indonesia is increasing and making Notaries only focus on the large number of deeds made every day, so this creates a legal loophole, namely that the parties can use fake identities. This study aims to determine the responsibility of Notaries in the event of and legal protection for Notaries if there is falsification of identity carried out by the party in making authentic deeds with a case study on the Decision of the Demak District Court Number Decision 143 / Pid.B / 2023 / PN Dmk. This research method uses a normative legal approach, meaning that the research is conducted using a literature study approach and a statute approach. The type of data uses secondary data obtained from a literature study. The analysis in this study is prescriptive. The results of the study show that a Notary's deed whose face is using a false identity cannot be treated as an authentic deed. Regarding legal protection for Notaries, this can be done by adding a clause at the end of the deed stating that the Notary is not responsible for the false data of the face.Keywords: Authentic Deed; Criminal Investigation; Right of Refusal; Notary.
The PPAT Responsibilities in Issuing APHT for Default Debtors at BKK Mayong Jepara Agustina, Ita Sahara; 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 research aims to identify and analyze the legal roles and responsibilities of the PPAT in issuing APHT for debtors who default on BKK Branc. Mayong Jepara. This research approach uses Juridical Sociolology, which is research through a statutory approach and examines laws that have problems in practice. The analytical knife in this paper uses the theory of legal certainty and the theory of responsibility. The results of this study indicate that the role of the Land Deed Making Officer (PPAT) in the process of imposing Mortgage Deeds at BKK Branc. Mayong Jepara, namely the Mortgage Granting Stage, Registration Process and Mortgage Issuance. PPAT's responsibilities are limited to making, registering, and issuing APHT. In the event of default, PPAT is only a bridge between debtors and creditors to find and solve problems. PPAT's legal responsibilities include criminal responsibility, civil responsibility, and administrative responsibility. However, in the event of a default committed by the debtor at Bank BKK Mayora Jepara Branch, it is no longer the responsibility of the PPAT. PPAT is only responsible for what he makes and does. Regarding products from PPAT that are used by clients to apply for credit which later defaults, PPAT no longer has legal responsibilityKeywords: Credit; Default; Responsibility.
Legal Position of Foreign Citizens Regarding Ownership of Land Ownership Rights by Inheritance Based on Notarial Deeds Kasih, Chintya Cinta; Suwondo, Denny; 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 tounderstand and analyze the legal position of foreign citizens regarding the ownership of land ownership rights by inheritance based on a notarial deed, as well as analyze the form of notary responsibility for the transfer of ownership rights to land by inheritance to foreign citizens based on the deed he madeThe research method used is ynormative uridis with analytical descriptive research specifications. DThe data required includes primary data and secondary data using data collection techniquesdocumentation or literature study is then analyzed using qualitative approach.Based on the research results, it shows that kThe legal position of foreign citizens regarding indirect ownership of land with a notarial deed is that a person's civil rights to inheritance cannot be lost except due to actions that are detrimental to the inheritance of the heir (the person who died) as regulated in Article 838, Article 839, 832 and 852 of the Civil Code. The form of notary responsibility for the indirect transfer of land ownership rights to foreign citizens is that the notary, in carrying out his profession in providing services to the public, must act in accordance with applicable laws and regulations and the notary's code of ethics to guarantee the truth of his actions. Keywords: Citizens; Foreign; Heirs; Land; Property; Rights.
Notary's Responsibility for Violation of Code of Ethics in Signing Authentic Deeds by Sending Minutes of Deeds Fitrianingtyas, Asma' Fajar; Ma'ruf, Umar
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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This study aims to determine and analyze the actions of Notaries when signing authentic deeds by sending minutes of authentic deeds and to determine and analyze the form of Notary's responsibility for violation of code of ethics in signing authentic deeds by sending minutes of authentic deeds. The results of the research and discussion in this study are: Notaries can sign authentic deeds by sending minutes of authentic deeds because they deviate from the principle of obedience and the Notary's Principle of Prudence towards the code of ethics of 2005 and 2015 Article 4 paragraph (6) of the notary's code of ethics, namely as a strict prohibition on Notaries in sending minutes to clients to be signed. This has an impact on the validity of the deed and the integrity of the notary profession. So that violations of the code of ethics, the Honorary Council will impose sanctions in the form of Reprimands, Warnings, Schorzing (temporary dismissal) from membership of the association, Onzetting (dismissal) from membership of the association, Dishonorable Dismissal from membership of the association and the responsibility of the Notary in sending authentic minutes of deeds has the potential to cause legal uncertainty, where as a form of responsibility the Notary can be subject to administrative, disciplinary, or even criminal sanctions in accordance with the provisions of Law Number 2 of 2014 concerning the Position of Notary. Legal responsibility for the Deed of Sale and Purchase Agreement made by a notary for sending the minutes of the deed to the client even though with the consent of the parties, the Notary can still be burdened with Administrative Sanctions by the Notary Honorary Council in the form of a written warning, so that the notary is responsible for maintaining the credibility of his profession and public trust in him.
Implementation of Land Registration Transformation Electronic Land Services at the Land Office of Tegal Regency Ulfah, Ulu Maeni; 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. The implementation of the transformation of land certificates from analog certificates to electronic certificates is carried out in stages through a media transfer process. The consideration for issuing the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning Electronic Certificates is to realize improved land services in order to improve public services to the community and indicators of ease of doing business, which are supported by information and communication technology by implementing electronic-based land services. The digitization of land certificates in Indonesia occurs when there is a new registration application and then the electronic land certificate process or media transfer from analog certificates to electronic land certificates is carried out, or due to something such as the practice of land buying and selling processes, changes in ownership status and others. Although there are no sanctions in the Regulation of the Minister of ATR/BPN Number 1 of 2021 concerning Electronic Certificates, for parties who are reluctant to digitize land certificates, it is undeniable that the digitization of land certificates in Indonesia will continue. Therefore, the ATR/BPN Office of Tegal Regency as the agency that technically oversees the land sector can prepare in terms of human resources (HR) and quality by prioritizing the principles of caution and accuracy.Keywords: Certificate; Digitalization; Electronic; Media.
Legal Certainty against Electronic-Based Land Certificates as Proof of Ownership of Land Rights in Indonesia Wanapertiwi, Ajeng Putri; Djunaedi, Djunaedi
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

Previously, land certificates owned by the Indonesian people were in the form of physical documents such as books or magazines. Unfortunately, these physical documents are more easily damaged by floods, fires and loss. In fact, often these physical land certificates are easily duplicated. This of course makes the owner of the land certificate suffer losses. To overcome this, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) will enforce the use of electronic land certificates starting in 2021. The objective of this research is to examine and analyze legal certainty for electronic land certificates as proof of ownership of land rights in Indonesia; and to review and analyze the legal protection of data on electronic land certificate ownership rights. The approach method used in this study is a normative legal approach. The results of the study show that: (1) Legal certainty of land certificates in the form of electronic documents can be categorized as electronic evidence which has the same evidentiary power as written/written evidence made on paper and the printout as a form of valid proof. (2) Legal protection that can be given to electronic land certificate ownership data consists of: a) Preventive legal protection in the form of guaranteed fulfillment of personal data protection by requiring Electronic System Operators in this case the National Land Agency (BPN) to maintain the confidentiality of public personal data and safeguard it so that there is no leakage. Keywords: Certainty; Certificates; Electronic; Land.

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