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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 206 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.

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