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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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Policy for Setting Maximum Limits for Individual Ownership of Non-Agricultural Property Rights Based on Justice Values Rachmandhani, Afrizal Yannuar
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 application of the maximum limit of individual ownership of non-agricultural land ownership rights in Subang Regency, based on the value of justice, and to find out and analyze the monitoring efforts carried out by the National Land Agency regarding the maximum limit of non-agricultural land ownership rights in Subang Regency National Land Agency Office. The research approach method used in the thesis is a sociological juridical approach. Specifications This research uses analytical descriptive research. The type and data used in this research are primary data which includes the 1945 Constitution; Act No. 5 of 1960 concerning Basic Regulations on Agrarian Principles; Civil Code Law. As well as secondary data containing books and other supporting documents. Data collection using interview techniques and study of documents or library materials. The data analysis method used in analyzing data is data triangulation. Sugiyono stated that data triangulation is defined as a data collection technique and existing data sources. Keywords: Justice; Limits; Maximum; Policies; Values.
Legal Protection for Debtors in Transactions Financing with Fiduciary Guarantee Arafah, Arina Manasikana; Hanim, lathifah
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 protection for debtors in financing transactions with fiduciary guarantees. 2) Obstacles and solutions in legal protection for debtors in financing transactions with fiduciary guarantees. This type of research is included in the scope of empirical legal research. The approach method in this study is a sociological juridical 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) Legal protection for debtors in financing transactions with fiduciary guarantees aims to provide a sense of security and legal certainty for debtors in carrying out their obligations. Based on applicable legal provisions, the rights of debtors are protected through a fiduciary agreement that regulates the rights and obligations of each party. In this agreement, BPR BKK Demak as the lender is required to comply with applicable legal provisions regarding fiduciary guarantees, including fiduciary registration procedures so that the guarantee is legally valid. In addition, if the debtor experiences default or failure to pay, the BPR must execute the fiduciary guarantee in a manner that is in accordance with the procedure and does not violate the rights of the debtor. 2) Obstacles and solutions in legal protection for debtors in financing transactions with fiduciary guarantees Obstacles in legal protection for debtors in financing transactions with fiduciary guarantees include the lack of understanding of debtors regarding their rights and obligations, minimal supervision of the fiduciary guarantee registration process, and guarantee execution practices that are often not in accordance with procedures. These obstacles can cause legal uncertainty and unfair treatment for debtors. Solutions to overcome this problem include increasing education for debtors about their rights, stricter supervision from the government or supervisory institutions in fiduciary registration, and implementing guarantee execution standards that are in accordance with legal provisions.
Notary Protection of Authentic Deeds as Evidence in Criminal Cases Santoso, Irwan; Prayitno, Ahmad Hadi
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 purpose of this study is to determine and analyze the implementation of notarial protection for authentic deeds as evidence in criminal cases, to determine and analyze the obstacles and solutions to the implementation of notarial protection for authentic deeds as evidence in criminal cases. The research method used in this thesis is the sociological legal method. The results of the study indicate that: Obstacles to legal protection for notaries as public officials if indicated in a criminal case, which is regulated in this Law. Authentic deeds that must still be made and stored conventionally. Currently there are no regulations regarding the clarity of notarial actions that can be categorized as unlawful acts when carrying out their duties and responsibilities. The legal protection for notaries when carrying out their duties and responsibilities is not yet clear. There is no legal certainty that there are limitations in filing lawsuits by the parties when a violation of the law occurs by a notary, which of course must first be based on the results of the examination and determination of the Regional Supervisor/Regional Supervisor regarding the truth of the violation of the Notary Code of Ethics when carrying out their duties and responsibilities. Thus, a solution was drawn to overcome this, namely creating a mechanism regarding the obligation to provide evidence by the Notary Supervisor at the regional level so that the determination of the MPN becomes the basis for the parties to be able to file civil or criminal lawsuits.Keywords: Authentic Deed; Criminal Case; Legal Protection; Notary.
Obstacles in the Implementation of Legal Protection for Auction Buyers Regarding the Employment of Auction Objects for The Execution of Mortgage Rights Sulastri, Sulastri; Soegianto, Soegianto
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. Problems often arise in the auction winner's control of the auctioned object, which is the collateral, mortgage, or other collateral. One such problem is the debtor's or third party's reluctance to leave and vacate the auctioned object. This clearly does not provide legal certainty for the guaranteed protection of the auction winner's rights. This research was conducted using normative legal research (normative legal research method). Based on the research results, it can be seen thatThe current procedure for protecting the rights of auction winners has obstacles in the form ofGuarantees for the protection of rights for auction winners in the Regulation of the Minister of Finance of the Republic of Indonesia Number 122 of 2023 (PMK 122/2023) have not been specifically regulated. The auction can only be canceled by the request of the Seller or a provisional decision or decision from a general judicial institution, as regulated in the Regulation of the Minister of Finance (PMK) Number: 93/PMK.06/2010. Many debtors are reluctant to hand over the HT collateral object for auction, resulting in obstacles in the process of clearing the auction object after the auction. Intervention by third parties who feel disadvantaged by the auction can hinder the process.Keywords: Auction; Law; Mortgage; Protection. 
The PPAT Legal Protection against Letters of Validity and Correctness of Documents in Registration of Electronic Mortgage Rights Zulfikar, Mochamad Adhia
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 study aims to determine and analyze the legal protection for PPATs against Statements of Legality and Truthfulness of Documents in the registration of Electronic Mortgage Rights and to know and analyze the legal consequences for PPATs of making Statements of Legality and Truth of Documents in registration of Electronic Mortgage Rights. This research method uses a normative juridical approach, analytical descriptive research specifications, secondary data collection methods and qualitative data analysis research methods. Based on the research it was concluded that PPAT as a profession is a legal subject who needs to get legal protection in order to get a sense of security in carrying out his position to carry out the authority given by the state. Permen ATR/KBPN Number 5 of 2020 requires PPATs to attach a Statement of Validity and Document Validity, which is felt to be burdensome for PPATs in carrying out their profession because there is no legal protection that provides a sense of security for PPATs in relation to criminal and civil responsibilities imposed by the Statement of Legality and Document Authentication. The PPAT in carrying out its duties adheres to the principle of responsibility based on error (based on fault of liability), where a PPAT must be responsible for the deed as long as the mistake or violation that occurs is intentional by the PPAT. In the event that the PPAT does not know if the document provided turns out to be fake,Keywords: Electronic; Mortgage; Statement.
Notary's Responsibility for Falsifying the Identity of the Parties in Making the Deed of Foundation Establishment Anjarsari, Ajeng
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

An authentic deed essentially contains formal truth in accordance with what the parties told the Notary. However, the notary has the obligation to ensure that what is contained in the notarial deed is truly understood and in accordance with the wishes of the parties, namely by reading it so that the contents of the notarial deed become clear. Notaries as public officials are required to be responsible for the authentic deed that they have made. If the authentic deed that they have made occurs after a legal dispute occurs, then this can be questioned, whether the authentic deed was the Notary's mistake, or whether there was an agreement that was made between the Notary and one of them. Formulation of the problem What is the Notary's responsibility in making a deed that contains elements of falsifying the identities of the parties? The research method used is a legislative approach, namely legal research carried out by prioritizing research on library materials or also called secondary materials, in the form of normative law and how to implement it in practice by supported by data, a-data, used in order to obtain materials for analysis related toNotary's responsibility in making foundation deeds for falsifying the identities of the parties. The theories used are the theory of responsibility and the theory of legal certainty. From the results of this research, the responsibility of a Notary in making a deed that contains elements of falsifying the identities of the parties, is that a Notary is responsible for the material truth of the authentic deed he or she makes, if the Notary concerned is involved in a criminal act of falsifying an authentic deed. Information submitted by a party whose material truth is highly doubtful. Notary's testimony regarding the substance of the deed, legal certainty regarding the foundation deed made by the Notary, there is falsification of the identities of the parties, so that the legal certainty of the parties is made by the Notary, there is falsification of the identities of the parties, so this legal certainty also has implications for the position of the deed in the future. Keywords: Documents; Fake; Notary; Protection.
The Position of Inheritance Rights of Children Out of Wedlock According to the Perspective of Civil Law Aprilatama, Moh. Misandi Yoga
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 research from this journal is to determine the position of children out of wedlock in the inheritance law that applies in Indonesia. The problem regarding inheritance law is about what and how the obligations and rights regarding a person's wealth when he dies are to be given to the recipient. Thus, one aspect of inheritance is the existence of heirs who have the right to obtain certain assets from death. To decide who will get the wealth from death (the beneficiaries) is usually decided by certain legal rules of society or cultural laws applied by certain ethnic groups. The research method used is normative legal research method. Children out of wedlock that can be recognized are based on Article 272 B.W, namely: those born to a mother but who are not conceived by a man who is in a legal marriage bond with the child's mother, and are not classified as a group of adulterous children and illegitimate children.Keywords: Children; Inheritance; Rights; Wedlock.
Settlement of Disputes on the Implementation of Registration of the Deed of Granting Mortgage Rights that Exceeds the Time Limit Wirandari, Alfiah Dwi Ayu; 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

Those granting mortgage rights must be present before the PPAT, if for some reason they cannot appear in person, they must appoint another party as their attorney with a Power of Attorney to Charge Mortgage Rights (SKMHT) which must be followed by a Deed of Granting Mortgage Rights (APHT) in accordance with Article 15 paragraph ( 3) Mortgage Rights Law no later than 1 (one) month after the SKMHT is signed. The aim of this research is to identify and analyze how to resolve disputes over the registration of mortgage rights that exceed the time limit and legal certainty for creditors in the case of registration of mortgage rights that exceed the time limit in the case of this research. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive. The data collection techniques used were interviews and observation. The data analysis technique uses a qualitative descriptive analysis method by drawing conclusions inductively. The research results showed that there was a dispute over the registration of the Mortgage Rights Registration Deed which exceeded the time limit due to the disorganized administration of the Land Deed Making Official (PPAT) in this research. The solution in completing the registration of a deed granting mortgage rights that exceeds the time limit in this research is carried out by mediation to obtain a win-win solution or no one feels too disadvantaged, and legal certainty for creditors in the case of registering a deed granting mortgage rights that exceeds this time limit is concurrent. Keywords: Granting; Land; Registration; Mortgage; Solution.

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