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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 Analysis of Unfair Competition Between Notaries in The Perspective of The Code of Ethics of The Indonesian Notaries Association Malidu, Risma Safitri; Suwondo, Denny
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 regulation of the notary's code of ethics, to determine and analyze the legal analysis of unfair competition of notaries in the perspective of the Indonesian Notary Association's code of ethics. The approach method in this study is the statute approach. This type of research is normative research. The type and source of data in this study are secondary data obtained through literature studies. The analysis in this study is perspective. The results of the study indicate that the regulation of the notary's code of ethics in Indonesia has a crucial role in maintaining the integrity and credibility of the notary profession as a public official who prepares authentic deeds. This code of ethics aims to ensure that every notary's action is based on the principles of professionalism, objectivity, and the interests of society and the state. Although there are regulations governing the code of ethics in the Notary Law and Government Regulations, its implementation still faces challenges, especially related to ethical violations in the field. Therefore, supervision and enforcement of the code of ethics require an active role from external institutions such as the Notary Supervisory Board, in addition to the internal mechanisms of the notary professional organization. The importance of an effective code of ethics also contributes to the creation of more transparent, accountable, and trustworthy public services. This will strengthen the legal position of notarial deeds in the Indonesian legal system. Referring to existing provisions, especially regarding the minimum honorarium for notaries set by the Indonesian Notary Association (INI) for the Southeast Sulawesi Region, regional administrators have the authority to file a lawsuit for breach of contract against notaries who charge an honorarium below the agreed standard. Based on Article 1655 of the Civil Code, administrators can act in court as either plaintiffs or defendants.Keywords: Code of Ethics; Unfair Competition; Notary
The Role of Notaries in Supporting the Implementation of Online Single Submission (OSS) in Establishing Business Licensing Najmuddin, Muhammad; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study aims to analyze: 1) The role of notaries in supporting the implementation of Online Single Submission (OSS) in the licensing process for establishing a business entity in Batam. 2) Obstacles and solutions in the implementation of Online Single Submission (OSS) related to licensing for establishing a business entity in Batam. This type of research is empirical legal research. The approach method in this study is a sociological legal approach. The types of data in this study are primary and secondary data. The data collection method uses interview and literature (study document) techniques. The analysis in this study is prescriptive. The results of the study concluded: 1) The role of notaries in supporting the implementation of Online Single Submission (OSS) in the licensing process for establishing a business entity in Batam, namely as a compiler of authentic deeds of establishment of a business entity, as a legal facilitator, administrative assistant, and a communication bridge between business actors and the OSS system and government agencies. This role includes ensuring formal legality through deeds and ratification from the Ministry of Law and Human Rights, verification of legal data such as KBLI and company structure, and special assistance for MSMEs and foreign investors who often experience obstacles in navigating the OSS and IBOSS systems. In areas with complexity such as Batam, the active and adaptive role of notaries is the key to the success of the digital business licensing process. 2) Obstacles in the implementation of Online Single Submission (OSS) related to business establishment licensing in Batam still face a number of challenges, including the less than optimal integration between the national OSS and local IBOSS, limited human resources and information technology infrastructure, low understanding of business actors regarding digital systems, overlapping authority between BP Batam and the City Government, and minimal socialization and technical training. Solutions to overcome these obstacles include comprehensive system harmonization, increasing institutional and technological capacity, strengthening the role of notaries as official partners for OSS assistance, establishing clear technical regulations related to institutional authority, and massive education programs for business actors. If implemented consistently, OSS in Batam can become a digital licensing model that is efficient and responsive to the needs of areas with special status.Keywords: Business Entity; OSS; Licensing.
The Role of a Notary in a Credit Agreement with Mortgage Guarantee at BPR Sinar Mas Pelita Sindanglaut Cirebon Senusha, Sekar; Adillah, Siti Umi
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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In carrying out micro business activities, banks provide several products to assist business actors in running their businesses by providing working capital loans with land ownership guarantees in the form of ownership certificates. The process in the implementation of financing credit by banks involves the role of Notaries. This study discusses the role of notaries in credit agreements with mortgage guarantees at BPR Sinar Mas Pelita, focusing on the legal consequences that arise if there is a discrepancy between the land certificate and the data recorded at the National Land Agency. These problems have the potential to cause disputes, hinder the mortgage registration process, and reduce legal certainty. The purpose of this study is to determine the role of notaries in ensuring the validity of documents and resolving legal problems that arise due to differences in certificate information with data at the National Land Agency. The research method used is empirical juridical with a statutory approach and through interviews with notaries, banks and customers. The research results indicate that notaries play a crucial role as public officials, ensuring that the formal and material requirements of credit agreements are met, including verifying certificates and land data before the deed is signed.
The Role of Notaries in Supporting Efforts To Settle Problem Credit at People's Credit Banks Partini, Partini; Shallman, Shallman
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. Banks in running their business to provide loan/credit services to the public really need Notaries and PPAT to assist in making notarial deeds of agreements and binding collateral. In making credit agreements, of course, the Bank and the borrowing customer (debtor) must pay attention to the contents of the credit agreement they signed, starting from the definition, obligations arising from the agreement, and the consequences of default that provide certainty to the bank to be able to make settlement efforts and provide legal protection in accordance with the provisions of applicable laws and regulations. This study aims to determine the role of notaries in providing support to banks in efforts to resolve their problem loans and also to determine the obstacles notaries face in providing support to banks for the resolution of problem loans. The problems in this study are analyzed using the theory of legal certainty and the theory of legal protection. The research approach uses a sociological juridical approach, which is qualitative in nature with the research specification being descriptive analysis and data analysis using qualitative descriptive methods. The primary data collection method was obtained through guided interviews with related parties, supported by secondary data obtained from the literature as supplementary reference material. The results of this study The role of Notaries in supporting efforts to resolve problematic loans in banks include ensuring the perfection of the deed made by the notary must be in accordance with the provisions in order to have binding legal force, Conducting ratification of the addendum to the credit agreement on efforts to resolve problematic loans through credit restructuring in accordance with the provisions, Providing clear legal education to debtors in order to better understand their obligations and rights as well as the legal consequences of the impact of default that occurs and can assist the Bank in the AYDA (Collateral Taken Over) process by making a PPJB (Sale and Purchase Binding Agreement) so that sales can be carried out in the future. The obstacles are the busy schedule of the notary himself to carry out the addendum agreement, and the existence of an APHT process that has not been completed but the credit is about to mature and is problematic due to the provisions of the stages at the land office. And the suggestion is that Notaries must be professional in accordance with the Notary Law by upholding the code of ethics. Notaries in carrying out collateral binding must pay attention to the Laws that regulate guarantees in accordance with the Fiduciary Guarantee Law and the Law on Mortgage Rights. Notaries can provide legal education to problem debtors at partner banks when making addendum agreements for credit restructuring or other matters. Keywords: Banks; Credit; Efforts to Resolve Problematic Credit; The Role of Notaries. 
The Policy on the Application of National Land Law and Its Influence on the Existence of Ulayat Rights of the Samin Tribe Indigenous People in the Karts Kendeng Mountains Sulaiman, Nurcholis; Darmadi, Nanang Sri
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 study aims to identify and analyze the problems of the existence of customary rights of the Samin tribal people against the policy of implementing national land law and their solutions. The approach method in this study is sociological juridical, with descriptive analytical research specifications. The data needed includes primary and secondary data, the data is collected by means of interviews and literature study, which are then analyzed using qualitative analysis. The research results show that the problem of the existence of customary rights of the Samin tribe in the karts kendeng mountains of Rembang is modernization and a change in the mindset of the indigenous people. Factors that influence these changes are internal factors in the form of changes from their indigenous peoples and external factors that are influenced by other cultures from outside. The samin community in the Rembang karts kendeng mountains is identical and has merged into an organic society in terms of social solidarity. With this change, the Samin people are no longer guided by their culture and customs and then become a society in general, so that customary rights which were formerly the rights of the Samin people are now individual rights, then PT Semen Indonesia uses them to build a factory in the area. The solution in particular is that the Samin community must care for, protect, preserve, manage, and utilize their Ulayat land so that their Ulayat land rights do not disappear. The general solution is that the government is expected to be able to realize legal certainty for indigenous peoples determine special legislation that thoroughly discusses customary rights.Keywords: Customary; Land; Society; Tribe.
Responsibilities and Legal Protection for Substitute Notaries for Authentic Deeds They Have Made Yansyah, Dedi; 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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A Substitute Notary is someone who is temporarily appointed as a Notary to replace a Notary who is on leave, sick, or temporarily unable to carry out his or her position as a Notary with the aim of ensuring that there is no vacancy in carrying out the duties of the Notary. This research aims to 1) Find out and analyze the Responsibility and Protection for Substitute Notaries for authentic deeds they have made and 2) Find out and analyze the legal consequences for the responsibilities and protection for Substitute Notaries who have issued authentic deeds. This research approach uses a Nomative Juridical approach with the research specifications in writing this thesis being analytical descriptive, especially in terms of responsibility and legal protection for Substitute Notaries for the authentic deeds they make. The type of research is qualitative and the data source comes from primary data and secondary data. The conclusions in this research show that in accordance with Article 65 of the Notary Position Law, a Substitute Notary is responsible for the formal form of the Authentic Deed. The responsibilities of a Substitute Notary can be divided into two, namely, responsibilities while still serving as a Notary and responsibilities when no longer serving as a Notary. Legal Protection for Substitute Notaries according to Article 66 of the Notary Position Law, namely through the Honorary Council of Notaries, the Rights and Obligations of Denial, Attaching Letters, Documents and fingerprints to the Deed Minutes, Organization of the Indonesian Notary Association, Supervision of the implementation of the Notary's code of ethics. The legal consequences for the responsibilities and legal protection of a Substitute Notary can be divided into three: (1) civil legal consequences, namely compensation for losses; (2) Administrative legal consequences, namely verbal warning, written warning, temporary dismissal, honorable dismissal and dishonorable dismissal; (3) criminal legal consequences, a Substitute Notary can be punished if he violates the provisions regarding falsification of an authentic deed, provides false information in an Authentic Deed and reveals secrets which he is obliged to keep because of his position. Keywords: Authentic; protection; Responsibility; Substitute.
The Urgency of the Principle of Balance in Consumer Protection in Land Buying and Selling Iqbal, Dzaka Imtiyaz
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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Land has an important function in human life, therefore the law is tasked with providing legal protection and legal certainty for land buyers. Land that is in dispute often creates problems for land buyers who have minimal information about the status of the existing land. So in reality the practice of buying and selling land often ignores existing consumer protection. Therefore, the aim of writing this article is to discuss the urgency of balancing values in consumer protection when buying and selling land. This writing uses sociological juridical methods. Based on the research conducted, data was found in the form of phe protection for buyers who have made payments in the sale and purchase of problematic land is not yet balanced, this is due to the legal culture of sellers who are often dishonest regarding the status of the land, and the existence of third parties related to the seller who also claim rights to a land contribute to the loss of the buyer. The development of efforts through the judiciary is quite long and expensive. ConsequenceThe lack of guaranteed legal certainty and legal protection for problematic land buyers will ultimately harm the principles of legal objectives according to Islam and at the same time the mandate of Pancasila and the 1945 Constitution of the Republic of Indonesia. This will certainly violate social balance for all Indonesian people. Keywords: Buying; Protection; Selling; Value.
The Legal Protection for Buyers of Plots of Land with the Power to Sell in Demak Regency Dyawati, Elisya Triwi
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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The public's interest in buying and selling land continues to grow because land is an economic factor that plays an important role and has strategic value. The basis of buying and selling land is that there is an agreement between the seller and the buyer, because the limited land population is not commensurate with the increasing population, business people find a new way of doing business by breaking up a plot of land called a plot of land and buying and selling it with a letter. power of attorney granted by the power of attorney as the owner of a plot of land. The aim of this research is to find out how the process of buying and selling plots of land using a power of attorney in Demak is and to find out the weaknesses of buying and selling plots of land using a power of attorney in Demak. This research method cannot be separated from the aim of directing problem solving using an empirical juridical approach method. The research approach is used to look at events or happenings in a society using descriptive research specifications so that in this research it describes, describes or describes an incident of buyer protection through a power of attorney to sell in land buying and selling of plots of land, using data in the form of interview results. along with the application of legal provisions relating to buying and selling using a power of attorney to sell, namely in the Civil Code and Government Regulation Number 24 of 1997 concerning Land Registration. The results of the research obtained are how the buyer's protection through a power of attorney to sell in land sale and purchase transactions always includes the PPAT in accordance with Article 1 point 24 of PP No. 24 of 1997, apart from making deeds related to land, then it can be used as a consultation with the buyer regarding the validity of the status. land along with a power of attorney to sell. The power of attorney to sell can then be examined first regarding the substance in the form of clauses stipulated by the power of attorney and then in a notarial deed at the notary, because the weakness of the power of attorney is seen in the substance of the power of attorney itself so that it can give rise to a dispute over land.
Legal Review of Breach of Performance Law on Binding Agreement Deeds sale and Purchase of Land and Buildings Made By a Notary Pambudi, Hayuningtyas; Witasari, Aryani
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 default on the deed of sale and purchase agreement and to determine and analyze the settlement of default on the deed of sale and purchase agreement. The approach method used in this study is normative legal, the type of research used in this study is normative legal research, the type and source of data used is normative legal research, using the method of collecting primary legal materials, and the legal materials obtained will be analyzed qualitatively. The results of this study indicate that the sale and purchase agreement cannot always run according to the agreement desired by the parties. Sometimes in practice one of the parties in a sale and purchase agreement does not fulfill the promised performance so that according to the law it is considered to have deviated from the agreement which results in a loss for the other party called default. And legal settlement in the case of default on the Sale and Purchase Agreement can be done in 2 (two) ways, namely non-litigation dispute resolution or outside the court by means of arbitration, negotiation, mediation, and conciliation. As well as litigation settlement through the general court process.Keywords: Notary, Sale and Purchase Agreement, Default
Legal Analysis of The Cancellation of The Recording of Transfer of Ownership Rights to Land Based on The Deed of Grant in Central Java Santi, Santi
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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This study analyzes the cancellation of the recording of the transfer of land ownership rights based on the deed of gift with a focus on the Decree of the Head of the Regional Office of the National Land Agency of Central Java Province Number 02/Pbt/BPN-33/I/2024. The legal procedures followed and their legal impact on the related parties, both from a civil and agrarian law perspective, are the main focus. This study uses a normative legal approach with a case study method. The results of the study indicate that although the procedures are in accordance with applicable regulations, there are obstacles in their implementation, mainly due to the lack of public understanding of proper legal procedures and conflicts of interest between the parties involved. This study makes an important contribution to the development of agrarian law in Indonesia. The results of the study indicate that the procedures followed in the cancellation of the transfer of rights have been in accordance with applicable provisions, but there are several obstacles in its implementation. These obstacles include the lack of public understanding of the correct legal procedures and the existence of conflicts of interest between the parties involved.

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