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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 Impact of Exoneration Clauses in Standard Contract Deeds with High Legal Risk Nur Fitria Dewi, Feni; Hasana, Dahniarti
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 position of the exoneration clause in a standard agreement deed according to the provisions of positive law in Indonesia. 2) The legal impacts arising on the parties of the exoneration clause included in a standard agreement deed that contains high legal risks. This type of research is normative legal research. The approach method in this study is the statute approach. The type of data in this study is secondary data. The data collection method uses library techniques (study document). The analysis in this study is prescriptive. The results of the study concluded: 1) The position of the exoneration clause in a standard agreement deed according to the provisions of positive law in Indonesia is legally very limited because it has the potential to eliminate the responsibility of business actors and create an imbalance in bargaining positions in contractual relationships. Although the principle of freedom of contract is recognized in Article 1338 of the Civil Code, the exoneration clause cannot be enforced if it is contrary to the law, public order, morality, and the principle of good faith. This provision is reinforced by sectoral regulations such as POJK 1/POJK.07/2013, air transportation regulations, and various other provisions that emphasize that business actors' responsibilities cannot be transferred through agreements. Jurisprudence such as the Bandung High Court Decision Number 459/PDT/2018/PT.BDG and the Supreme Court Decision Number 1391 K/Pdt/2011 also demonstrate the courts' consistency in rejecting the validity of exoneration clauses that are drafted unilaterally and are detrimental to the weaker party. 2) The legal impact that arises for the parties if the exoneration clause is included in a standard agreement deed that contains high legal risks is that the clause has broad legal consequences because it contradicts the principles of justice, propriety, and the provisions of Article 1337 of the Civil Code and Article 18 of the Consumer Protection Law. In civil law, this clause is generally declared invalid and non-binding. Administratively, business actors can be subject to sanctions by sector regulators such as the Financial Services Authority (OJK), the Ministry of Transportation, or insurance authorities. Notaries who leave such clauses in deeds also risk facing administrative liability.
Legal Implications of the Peace Agreement for Inheritance Disputes Made Before a Notary in Kolaka Regency, Southeast Sulawesi Province Irawan Hamid, Sony
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 analyzes the legal implications of inheritance settlement agreements in Kolaka Regency, Southeast Sulawesi Province, focusing on the position and role of Notaries and the legal force of the resulting settlement agreements. Inheritance disputes in Indonesia, especially among Muslim communities, have become a complex juridical-social phenomenon with more than 50,000 new cases recorded in the Religious Courts in 2023. This study uses an empirical juridical method with a qualitative approach through in-depth interviews with Notaries, advocates, and heirs who have resolved inheritance disputes through notarial settlement agreements. The theoretical basis of the study includes the Theory of Agreement and Freedom of Contract, the Theory of Legal Certainty, the Theory of Restorative Justice, and the principle of Sulh in Islamic Law. This study recommends strengthening the mediation competence of Notaries, improving regulations on the role of Notaries in Alternative Dispute Resolution (ADR), conducting massive outreach to the public, simplifying the post-peace administration process, and improving coordination between Notaries, Religious Courts, and related agencies to optimize the resolution of inheritance disputes in Indonesia.
Legal Protection for Consumers in Sales and Purchase Agreements Through the Cash on Delivery System Hanna Novitasari, Lutfia; Mashadurohatun, Anis
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 development of information technology has made it easier for people to carry out activities, such as buying and selling transactions. Buying and selling transactions can be conducted online between sellers and buyers, using a cash-on-delivery payment system. However, these transactions often result in defaults by the parties, necessitating legal protection for the injured party. Therefore, the purpose of this study is to determine and analyze the legal status of electronic cash-on-delivery sales and purchase agreements, as well as the legal protection for the parties in electronic cash-on-delivery sales and purchase agreements. This study uses a qualitative approach, focusing on in-depth observation. The results of this study indicate that legal protection for consumers in cash-on-delivery sales and purchase agreements is provided preventively by forcing the parties involved to fulfill their respective obligations. Meanwhile, repressive legal protection can be provided by parties by filing lawsuits against the party causing the loss through litigation or non-litigation channels. In practice, legal protection for consumers still poses various problems. These problems are influenced by various factors related to legal structure, legal substance, legal culture, and bureaucratic apparatus. In addition, the aim of legal protection for consumers is regulated in Article 3 of the Consumer Protection Law so that consumers can be safe and comfortable when making transactions.
The Role of Land Deed Officials (PPAT) in Prevention of Money Laundering Criminal Acts Through The Implementation of the Principle of Knowing Service Users in Land Sales And Purchase Transactions In Pekanbaru City Chintya Sari, Firna
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

Money Laundering (TPPU) is a crime committed through various sectors, including the land sector, which is often exploited to disguise the origins of illegal funds. In this context, Land Deed Officials (PPAT) have a crucial role because they are directly involved in land sale and purchase transactions and are required to implement the Principle of Recognizing Service Users (PMPJ) as stipulated in Law Number 8 of 2010, Government Regulation Number 43 of 2015, and Regulation of the Minister of ATR/BPN Number 21 of 2022. This study aims to analyze the position of PPAT in preventing TPPU from a legal certainty perspective and examine the role of PPAT in implementing PMPJ in land sale and purchase transactions in Pekanbaru City. This research employs sociological or empirical legal methods through literature review and interviews with Land Deed Officials (PPAT) in Pekanbaru City. Data were analyzed qualitatively using legal certainty theory and authority theory to explain the legal position of PPATs and the implementation of PMPJ in practice. This approach was used to assess the extent to which PPATs act as administrative gatekeepers in preventing the entry of proceeds of crime into land transactions. The research results indicate that PPATs normatively act as administrative gatekeepers through the obligation to identify, verify, and monitor user transactions. However, this position does not fully reflect legal certainty because the PPAT's authority is limited to administrative aspects without the support of investigative instruments. In Pekanbaru City, the implementation of PMPJ has been carried out, but still faces obstacles such as limited reporting facilities, a lack of technical understanding, and concerns about reducing service user comfort. These conditions mean that the PPAT's role in preventing money laundering (TPPU) is suboptimal and requires more comprehensive regulatory support and technical guidance.
The Role of a Notary in Making a Deed of Power of Attorney to Charge a Mortgage on Land Collateral that Has Not Been Certified at Bank Jateng Purwodadi Aziz Pujiharto, Abdul'; 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

The presence of notaries is increasingly important for Indonesian society today whose economy continues to develop. People use notary services to provide legal certainty in the field of obligations and agreements. SKMHT is an abbreviation of Power of Attorney to Charge Mortgage Rights. This power of attorney is given by the mortgagee to the creditor as the recipient of the mortgage right to charge the mortgage right on the object of the mortgage right. This SKMHT is a special power of attorney that gives special authority to the creditor to charge the mortgage right. This letter must be made with a notarial deed or PPAT deed. The purpose of this study is to determine and analyze the role of Notaries in making a Deed of Power of Attorney to Charge Mortgage Rights on uncertified land collateral at Bank Jateng Purwodadi Branch. To determine and analyze the obstacles faced by Notaries and solutions in making a Deed of Power of Attorney to Charge Mortgage Rights on uncertified land collateral at Bank Jateng Purwodadi Branch. This research employs an empirical legal approach, and its specifications employ a descriptive analytical method with a qualitative approach. The data sources and types used in this study are primary data obtained from field studies using interviews. Secondary data are obtained from literature studies related to the theory of legal certainty and authority. Based on the results of the research that the role of the Notary in making the deed of Power of Attorney to Charge Mortgage Rights (SKMHT) against uncertified land collateral at Bank Jateng Purwodadi Branch in practice the Notary makes the SKMHT in accordance with Article 15 UUHT to bind the guarantee for uncertified lands that will be used as collateral, and has fulfilled as stipulated in Article 38 UUJN regarding the beginning of the Deed, the body of the Deed, and the closing of the Deed. The obstacles faced by the Notary in making the SKMHT deed against uncertified land collateral at Bank Jateng Purwodadi Branch are a). Inhibiting factors from the Bank, namely incomplete documents, b). Inhibiting factors from the Debtor, namely the problem of the amount of fees. c). Bad Credit. The solutions to overcome these obstacles are: a). Giving 7 working days to complete the documents from the Bank or customer. b). Negotiating costs with the Notary, c). The Bank's caution in providing credit.
Transfer of Ownership Rights of House Ownership Credit by Debtor to a Third Party Before Installments are Paid in Kendal Regency Sesotya Wahyu Leksono, Syarief
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 determine and analyze the process of transfer of land rights in the law of mortgage collateral (KPR), to determine and analyze the legal consequences of the transfer of land rights as collateral for mortgages (KPR) that are still in the installment period. The research approach method used in this thesis is the normative legal research method. The specifications of this study use descriptive analysis. The types of data used in this study are primary data which include the 1945 Constitution; Law Number 30 of 2004 in conjunction with Law Number 20 of 2004; Civil Code; Regulation of the Minister of Public Works and Public Housing No. 20 / PRT / M / 2019, as well as secondary data containing books and other supporting documents. Collection of research data with library materials. The data analysis method used in analyzing the data is qualitative historical analysis. The results of the study show that the transfer of ownership rights to a mortgage house from the debtor to a third party as a buyer before the installments are paid off without the creditor's approval is a legal act that is not permitted. The legal consequence of the transfer of ownership rights to a mortgage house by the debtor to a third party as a buyer before the installments are paid off without the creditor's approval is the absence of legal certainty.
Legal Consequences of a Binding Agreement for the Sale and Purchase of Land Rights Based on a Debt Agreement Between the Parties Putri Damayanti, Tasya; Umu Adilah, Siti
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Land is an important component of social life in Indonesia. Land can be utilized through rights granted to its legal subjects. This study aims to analyze the legal consequences of land sale and purchase agreements based on debt agreements for the parties, and to further analyze the notary's responsibility for land sale and purchase agreements based on debt relationships. The method used is empirical juridical, empirical legal research that combines normative legal analysis (statutory regulations) with empirical data from the field (social reality) to understand society. The results of the study show that the legal consequences of the agreement to bind the sale and purchase of land rights based on a debt agreement between the parties based on debt is null and void because it violates the objective requirements of validity and the responsibility of the Notary in making the deed. The Notary is fully responsible for the formal and material truth of the deed he made, ensuring that the deed reflects the actual situation and is in accordance with the law (PPJB) which is based on debt relationships which are often used as collateral for repayment (collateral) by creditors, but is high risk because it is not an official mortgage guarantee.
Problems in Implementing Electronic Land Registration At the Pekalongan Regency Land Office Bakti, Agung Setya; Setyawati, Setyawati; Winjaya Laksana, Andri
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This research aims toThis study aims to determine and analyze the implementation, obstacles, and solutions for electronic land registration at the Pekalongan Regency Land Office. This study uses a sociological legal approach. Primary data collection involved interviews, literature studies, and documentation studies. Data analysis was conducted using a qualitative descriptive approach. Based on this study, it was concluded that the implementation of electronic land registration at the Pekalongan Regency Land Office iscan provide many benefits to the community, including minimizing fraud, minimizing brokers/land mafia, preventing corruption, preventing double certificates, saving costs, preventing disputes, conflicts and land cases, minimizing physical meetings, and reducing intervention by unauthorized parties. The implementation of electronic land services can be done through the Sentuh Tanahku application. The result of the implementation of electronic land registration is an electronic certificate. Electronic certificates are legally valid for use as evidence and can provide legal certainty because they are guaranteed by statutory regulations, namelyRegulation of the Minister of ATR/BPN No. 3 of 2023and Law Number 19 of 2016 Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions. Obstacles and solutions faced in implementing electronic land registration at the Pekalongan Regency Land Officenamely the limited public understanding of electronic certificates, the lack of completeness of land registration application files, the Human Resources (HR) implementers who are still very limited and not ready to implement electronic land registration, the problem of an uneven internet network, and the implementation of land mapping that is not evenly distributed. Solutions that can be implemented to overcome these obstacles are through information dissemination activities or socialization to the community, conducting training or training and workshops for BPN and PPAT employees, collaborating with internet providers in order to equalize the network, accelerating updates and security of the land system and improving the Sentuh Tanahku application and strengthening security so that it is not easily hacked by irresponsible parties. In addition to these obstacles there are still problems in electronic land registration, namely the legal aspects and legal umbrella related to the legal force of certificates caused by technical regulations and concerns about data and cyber security.
Legal Implications of Determining Heirs Without a Certificate of Heirs (Study of Bogor District Court Decision No: 147/Pdt.G/2017/Pn.Bgr) Timbul, Jonatan; Wahyudi, Trubus
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study discusses the legal implications of determining heirs without a Certificate of Inheritance (SKW) by studying the Bogor District Court Decision No. 147/Pdt.G/2017/PN.Bgr. The main focus of the study is legal protection for heirs who do not have a SKW in applications for inheritance determination through the court and its impact on the legal certainty of inheritance. The study uses a normative juridical method with a case analysis approach, based on studies of court decisions, laws and regulations. legislation (Civil Code, judicial regulations, and land regulations), Compilation of Islamic Law, as well as the doctrines of inheritance law experts, legal certainty, and legal protection. The results of the study indicate that legal protection for heirs without a SKW can still be realized through the mechanism of determining heirs by the court, as long as the inheritance relationship is materially proven through written evidence, witnesses, and confessions of the parties which are then formalized in a decision or deed of reconciliation. The court's decision in Decision No. 147/Pdt.G/2017/PN.Bgr functions functionally to replace the SKW because it explicitly determines the identity of the heir, the list of heirs, and their position regarding the inheritance so that it can be used as an administrative basis before third parties such as banks and the National Land Agency. From the perspective of legal certainty, this judicial path is able to provide certainty comparable to the existence of the SKW, but at the same time raises normative challenges in the form of potential disparities in assessments and standards of proof between courts if not followed by uniform guidelines.
Legal Certainty For An Object That Is A Fiduciary Guarantee Which Has Not Been Removed After The Debt Is Removed Utami, Fitri Pujianti; Darmadi, Nanang Sri; Mashdurohatun, Anis
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

            The relationship between creditors and debtors in the business world requires legal certainty, which is realized through collateral instruments, one of which is fiduciary collateral. Although Law No. 42 of 1999 concerning Fiduciary Collateral and Government Regulation No. 21 of 2015 stipulate the obligation to write off debts after debt repayment, practice shows that many collateral items are not written off, so the object remains listed as collateral. TypeThis research is normative juridical, using a conceptual juridical approach. The data used include primary, secondary, and non-legal data by collecting data through literature and analyzing it using prescriptive analysis to describe and evaluate the implementation of fiduciary roya. The procedure for the removal (roya) of fiduciary collateral is carried out by the creditor after the debtor has fully paid their obligations by submitting an application to the Fiduciary Registration Office, which then issues a Roya Certificate. However, because the removal is not automatic, differences often arise between the material and administrative removal of fiduciary collateral. This situation creates legal uncertainty, where the debtor cannot reuse the collateral, new creditors lose certainty, and potentially give rise to disputes. The roya mechanism in the Fiduciary Collateral Law needs to be strengthened with clear derivative regulations regarding time limits and sanctions for creditors who fail to comply, to prevent re-fiduciary collateral and provide legal certainty. System improvements can also be achieved through digitization and data integration between institutions, mandatory verification by notaries, and strengthening fiduciary certificates as executorial titles to more effectively protect creditors and debtors.

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