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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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Legal Position of Marriage Agreement Deeds that are Not Registered in Court (Study of Supreme Court Decision Number 598 PK/PDT/2016 dated November 24, 2016) Kurnia Illahi, Ariyani
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A prenuptial agreement is an important legal instrument in regulating marital property as regulated in Article 29 of Law Number 1 of 1974 concerning Marriage. Registration of a prenuptial agreement in a court or authorized institution is a formal requirement that determines the legal force of the agreement, particularly in providing legal certainty for the parties and protection for third parties. However, in practice, prenuptial agreements are still found to be made before a notary but not properly registered, giving rise to legal uncertainty regarding their validity and legal consequences. Supreme Court Decision Number 598 PK/PDT/2016 is an important precedent that provides a new perspective in understanding the legal status of unregistered prenuptial agreements. This study aims to analyze the legal status of unregistered prenuptial agreements in court and the legal implications they have for the parties and third parties. The normative juridical method with a statutory and conceptual approach, analyzes Supreme Court Decision Number 598 PK/PDT/2016 as a case study. The results of the study indicate that unregistered prenuptial agreements remain binding on the parties based on the principle of pacta sunt servanda (Article 1338 of the Civil Code), but do not have legal force against third parties according to the principle of publicity. The legal implications include difficulties in proving the agreement in court, the application of a unity of property regime to third parties, the risk of execution of assets by creditors, and complexity in inheritance distribution. The study recommends the need for regulatory revisions, simplification of registration procedures, implementation of electronic systems, and increased public outreach to ensure legal certainty and protection of the rights of all parties.
Legal Responsibility of Land Deed Officials (PPAT) for the Making of Deeds with Legal Defects that are Detrimental to Land Owners Based on Court Decision Number 328/Pdt/2022/Pt Sby Widodo, Wahyu; Arifulloh, Achmad
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1)Legal responsibility of Land Deed Making Officials (PPAT) for making legally flawed deeds and harming landowners based on Court Decision Number 328/PDT/2022/PT SBY. 2) Legal implications of making legally flawed deeds by PPAT on the legal certainty of land ownership based on Court Decision Number 328/PDT/2022/PT SBY. This type of research is normative legal research. The approach method in this research is a case study approach and a statute approach. The type of data in this research is secondary data. The data collection method uses library techniques (study documents). The analysis in this research is qualitative. The results of the study concluded: 1) The legal responsibility of Land Deed Making Officials (PPAT) for making legally flawed deeds and harming landowners based on Court Decision Number 328/PDT/2022/PT SBY shows that PPAT has legal responsibility that stems from positive norms that regulate the authority of his position. Based on Hans Kelsen's theory of responsibility, a person can only be held legally responsible if proven to have violated a valid norm in a hierarchical legal system. In this case, the Surabaya High Court assessed that the Land Deed Official (PPAT) had carried out his duties according to the procedures stipulated in Government Regulation Number 24 of 1997, Government Regulation Number 37 of 1998 in conjunction with Government Regulation Number 24 of 2016, and Ministerial Regulation of ATR/BPN Number 2 of 2018, so that no violation of positive legal norms was found and there was no basis for imposing legal sanctions. Theoretically, the application of Kelsen's theory shows that the Indonesian legal system still emphasizes formal legality and has not fully accommodated substantive justice. 2) The legal implications of the creation of legally defective deeds by PPATs on the legal certainty of land ownership based on Court Decision Number 328/PDT/2022/PT SBY, namely showing that deeds that do not meet formal and material requirements have lost their evidentiary power as authentic deeds, create uncertainty about land ownership status, and undermine the function of land registration as an instrument of legal protection. A legally flawed deed can potentially revoke the certificate issued on its basis, giving rise to multiple disputes between the legitimate owner and a good-faith purchaser. This demonstrates that legal certainty in land matters depends not only on the administrative system but also on the professionalism and legal responsibility of the Land Deed Official (PPAT) as a public official.
Responsibility of the Substitute Notary for Deeds Made Before the Notary's Leave Maharani Azzara, Pasha; Widayati, Widayati
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A notary is a public official authorized to create authentic deeds containing any legal actions, agreements, or provisions desired by the parties. In carrying out his/her duties, a notary has the right to take leave in accordance with statutory regulations. When taking leave, a notary must appoint a substitute notary to serve the public. The purpose of this study is to determine the status and authority of a substitute notary who receives a protocol from a notary taking leave and the form of legal responsibility of the substitute notary for the deeds he/she creates. The research method used in this study is normative law, which is conducted through the analysis of library materials or secondary data. This type of research is also known as research that focuses on the study of legal principles, legislation, and relevant legal literature. The research results show that a substitute notary has the same status and authority as a notary when carrying out his duties. The substitute notary also has full legal power over the deeds he makes, in accordance with applicable laws and regulations. Responsibility for notarial deeds occurs when the deed is signed and this falls under the authority of the official in office at the time of signing the deed. If the deed is made and signed before the notary's leave period, it will be the responsibility of the notary himself. Meanwhile, if the deed is signed after the notary has taken leave and the substitute notary has carried out his duties, it will be the responsibility of the substitute notary himself.
Notary's Responsibility for Land Sale and Purchase Agreement Deeds (PPJB) that Result in Default Satmoko Anggoro, Irawan; Suwondo, Denny
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 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 Notary's responsibility for the deed of the Land Sale and Purchase Agreement (PPJB) which resulted in default. 2) Legal protection for parties who are harmed due to default in the implementation of the land PPJB made before a notary. This type of research is analytical descriptive research. The approach method in this research is sociological juridical. The type of data in this research is secondary data. The data collection method uses library techniques (document study). The analysis in this research is prescriptive. The results of the research concluded: 1) The Notary's responsibility for the deed of the Land Sale and Purchase Agreement (PPJB) which resulted in default, namely showing that the notary has legal, administrative, and moral responsibility for the legal consequences of the deed he made. Based on the decision, the notary was deemed negligent because he did not carry out his official obligations to act honestly, carefully, and impartially as regulated in Article 16 paragraph (1) letter a of the Notary Law. Therefore, the notary's responsibility in this case includes a legal obligation to restore the rights of the injured party, administrative responsibility for failing to maintain legal certainty, and moral responsibility for failing to be neutral in protecting parties acting in good faith. 2) Legal protection for parties who are harmed due to default in the implementation of the PPJB for land made before a notary is an effort by the state to guarantee certainty and justice for parties with good intentions. In the Decision of the Boyolali District Court Number 7/Pdt.G/2024/PN Byl, legal protection is provided to sellers who are harmed due to the buyer's default and the negligence of Notary/PPAT Sunarto, SH who continues to withhold the certificate even though the agreement has been null and void. Based on Philipus M. Hadjon's theory, legal protection in this case includes two forms, namely preventive and repressive. Preventive protection should be carried out by notaries through caution and clear legal explanations, while repressive protection is realized through court decisions that restore the rights of sellers. This case emphasizes the responsibility of public officials in maintaining legal certainty and substantive justice for parties with good intentions.
The Effectiveness of the Complete Systematic Land Registration Program (PTSL) in Increasing Legal Certainty Over Land Hilmi, Faisal; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 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 effectiveness of the implementation of Complete Systematic Land Registration (PTSL) in increasing legal certainty over land in Indramayu Regency. 2) Obstacles and solutions to the implementation of PTSL in increasing legal certainty over land in Indramayu Regency. This type of research is empirical legal research. The approach method in this research is sociological juridical. The types of data in this research are primary and secondary data. The data collection method uses observation techniques, interviews and library techniques (document study). The analysis in this research is descriptive qualitative. The results of the study concluded: 1) The effectiveness of the implementation of Complete Systematic Land Registration (PTSL) in increasing legal certainty over land in Indramayu Regency is reflected in its systematic implementation. The effectiveness of PTSL in Indramayu Regency is realized through the integration of a strong and coordinated legal structure, clear and adaptive legal substance as regulated in the UUPA, PP Number 18 of 2021, and Permen ATR/BPN Number 6 of 2018, as well as a legal culture of the community that is increasingly aware of the importance of certainty and legality of land rights. The synergy of the three elements of the legal system makes the implementation of PTSL effective in strengthening legal certainty, protection of land rights, and orderly land administration in Indramayu Regency. 2) Obstacles in the Implementation of Complete Systematic Land Registration (PTSL) in Increasing Legal Certainty on Land in Indramayu Regency include technical obstacles in the form of inaccurate data and limited officers, legal obstacles in the form of incomplete ownership documents and land boundary disputes, and social obstacles in the form of low public awareness and participation. The solution is carried out through digitalization of the land system, increasing the capacity of officers, administrative clarification, and strengthening public outreach and participation.
Leasing Company Responsibility for Embezzlement of Payments by Employees Adi Wiranata, Rio; Arifulloh, Achmad
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 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 form of legal responsibility of leasing companies for the act of embezzlement of credit payments committed by certain employees in employment relationships. 2) Legal protection for leasing consumers who are harmed due to payments that are not administratively recognized by the company, as occurred in the case of PT Mega Centra Finance in Pekalongan City. This type of research is included in the scope of normative legal research. The approach method in this study is Legislation and conceptual The type of data in this study is secondary. Secondary data sources consist of primary, secondary and tertiary legal materials. The method of data collection in this study is by using library techniques (document study). The analysis in this study is qualitative-normative. The results of the study concluded: 1). The form of legal responsibility of leasing companies for the act of embezzlement of credit payments by employees reflects the application of the principle of corporate liability which includes civil, criminal, and administrative aspects. In civil law, responsibility is based on Article 1367 of the Civil Code concerning the responsibility of employers for the actions of their subordinates. In criminal law, Articles 45 and 46 of Law No. Law No. 1 of 2023 (the new Criminal Code) allows corporations to be held accountable if negligence in the supervisory system triggers a criminal act. Meanwhile, administratively, POJK No. 35/POJK.05/2018 emphasizes the obligation of financing companies to implement the principle of prudence and consumer data protection. Thus, companies remain responsible for consumer losses as long as the employee's actions are carried out within the employment relationship. 2.) Legal protection for leasing consumers who suffer losses due to administrative non-recognition of payments includes two forms: preventive and repressive. Preventive protection is carried out through the application of prudential principles and internal supervision as stipulated in the UUPK and POJK, while repressive protection aims to restore consumer rights through complaint mechanisms, mediation, civil lawsuits, and criminal sanctions for perpetrators. The principle of vicarious liability ensures the company's legal responsibility for the actions of employees who are still within the scope of employment. The effectiveness of this legal protection depends on the implementation of good corporate governance and consistent law enforcement to ensure legal certainty for consumers.
Legal Implications of the Deed of Land Sale and Purchase Agreement that is Still in the Process of Being Finalized for Legal Certainty for the Parties Julianty, Julianty; Fajar Riyanto, Taufan
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze: 1)Legal implications of the use of a Deed of Sale and Purchase in land sale and purchase transactions that are still in the process of being divided. 2). Legal certainty for buyers in land sale and purchase transactions with a Deed of Sale and Purchase when the land certificate is still in the process of being divided. This type of research is normative legal research. The approach method in this research is a case study approach and a statute approach. The type of data in this research is secondary data. The data collection method uses library techniques (study documents). The analysis in this research is prescriptive. The results of the study concluded: 1) The legal implications of the use of a Deed of Sale and Purchase in land sale and purchase transactions that are still in the process of being divided are that the use of PPJB has significant legal consequences because it is only obligatory and has not transferred ownership rights as regulated in Article 37 of PP Number 24 of 1997. This condition causes buyers to not obtain legal protection for property, cannot change the name, and is at high risk if the seller abuses land rights. Based on Soeroso's Theory of Legal Consequences, a PPJB for undivided land has three legal consequences: the emergence of a new legal situation in the form of a conditional sale and purchase agreement, the formation of a reciprocal legal relationship between the seller and the buyer, and the emergence of legal sanctions in the event of default. 2) Legal certainty for buyers in land sale and purchase transactions with a Deed of Sale and Purchase Agreement when the land certificate is still in the process of being divided is not fully guaranteed. Although the UUPA, PP Number 24 of 1997, and Permen ATR/BPN Number 16 of 2021 have provided the legal basis for land registration, the PPJB only creates an obligatory relationship without transferring ownership rights. As a result, buyers do not have legal certainty regarding the property and only have the right to demand the implementation of the sale and purchase after the division is complete. Registration of the PPJB at the Land Office only provides administrative certainty, not legal ownership. Differences in judges' interpretations of the legal force of the PPJB, as seen in the Decisions of the Yogyakarta District Court No. 63/Pdt.G/2020/PN.Yyk and the Yogyakarta High Court No. 13/PDT/2021/PT.Yyk demonstrates a lack of substantive legal certainty. Therefore, regulatory updates are needed to clarify the legal standing of PPJBs to strengthen protection for buyers in good faith and ensure the process of deed separation and AJB is carried out with certainty and uniformity.
The Impact of Identity Data Administrative Defects on Property Title Certificates and the Mechanism for Restoring Legal Power Romiz Rizqullah, Fakhri; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the role of the Land Office in implementing the principle of prudence in the land registration process and examine the mechanism for correcting identity data to restore the legal force of Land Ownership Certificates (SHM) that are administratively flawed. This research uses a normative juridical approach supported by an empirical case study method. Based on the research, it is concluded that a Certificate of Ownership containing minor administrative defects (differences in birth dates) has the status of a strong, but not absolute, means of proof and does not revoke the land rights. The Repressive (Curative) Role of the National Land Agency is realized through the Certificate Correction or Name Change Registration mechanism according to Article 63 of PP No. 24 of 1997 which is mandatory to restore the legal force of the certificate so that the legal data becomes accurate and up-to-date.
Implementation of the Principle of Precaution in the Creation of Authentic PPAT Deeds to Prevent Fraud and Misuse of Certificates in Land Sale and Purchase Transactions in Tegal City Mahmudah, Santriany; Sri Darmadi, Nanang
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The sale and purchase of land in Indonesia requires strong legal certainty and preventive safeguards due to the high economic value and the vulnerability of such transactions to fraud and certificate misuse. As a public official authorized to draft authentic deeds, the Land Deed Official (PPAT) holds a central role in ensuring that every land transaction is conducted transparently, legally, and in accordance with established procedures. This study analyzes the implementation of the principle of prudence by PPATs in Tegal City as a preventive mechanism against fraud and a means of providing legal protection for sellers, buyers, and third parties. Employing an empirical legal research method combined with a quantitative approach, data were obtained through field observations, in-depth interviews with PPATs, supporting government agencies, and transaction participants, supplemented by statutory and literature review. The findings show that PPATs in Tegal City consistently apply prudential measures such as verifying certificate authenticity, examining identity documents through official population data, conducting field inspections, and ensuring the physical presence and genuine intent (wilsverklaring) of the parties during deed execution. These practices not only prevent fraudulent acts—including certificate forgery, unauthorized land sales, and misuse of powers of attorney—but also provide substantive legal protection by ensuring that the deed accurately reflects the true legal will and factual circumstances of the transaction. The study concludes that the principle of prudence constitutes a core element of professional responsibility within the PPAT's mandate, functioning as both a preventive and repressive legal protection instrument, thereby strengthening public trust and enhancing the integrity of Indonesia's land administration system.
Tax Restitution for Acquisition of Land and Building Rights (Bphtb) for Default by the Buyer Resulting in the Cancellation of the Sale and Purchase Deed Al Farra, Kamal
TABELLIUS: Journal of Law Vol 3, No 4 (2025): December 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the implementation of Land and Building Acquisition Tax (BPHTB) restitution in the event of a default by the buyer resulting in the cancellation of the Sale and Purchase Deed (AJB). This study uses a sociological juridical method, namely by examining the application of applicable legal provisions in practice through interviews, observations, and studies of real cases in the field. Data were obtained from interviews with relevant agency officials and the community who experienced the BPHTB restitution process, then analyzed qualitatively to obtain an empirical picture of the implementation of the policy. The results of the study indicate that normatively, BPHTB restitution applications can be made based on the provisions of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments (HKPD Law) and Regulation of the Minister of Finance Number 51/PMK.07/2016 concerning Settlement of Refunds for Excess Payments of Land and Building Acquisition Tax and Settlement of Applications for Rural and Urban Land and Building Tax Services. In the context of a land sale or purchase that is cancelled due to default, land rights never transfer, so the BPHTB paid should be returned to the taxpayer. However, in practice, the restitution process often encounters administrative and legal obstacles, particularly regarding the cancellation of the AJB, which requires a court decision or a notarial deed of cancellation.

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