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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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Comparison of the Legality and Legal Power of Conventional and Electronic Land Certificates in the Land System in Indonesia Hemas Mardikawati, Trisakti; Hafidz, Jawade
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 aims to analyze: 1) Comparison of the legality between conventional land certificates and electronic land certificates in the land system in Indonesia. 2) Comparison of the legal force of conventional land certificates and electronic land certificates in providing proof and legal protection for land rights holders. This type of research falls within the scope of normative legal research. The approach method in this research is legislation (statue approach). The type of data in this research is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study document). The analysis in this research is prescriptive. The results of the research are concluded: 1) Comparison of the legality between conventional land certificates and electronic land certificates in the land system in Indonesia, namely both conventional land certificates and electronic land certificates have equal legality in the Indonesian land law system because both are the result of the land registration process as regulated in Article 19 of the UUPA, PP Number 24 of 1997, and PP Number 18 of 2021. Conventional certificates have strong but not absolute evidentiary power, while electronic certificates obtain legitimacy through the Regulation of the Minister of ATR/BPN Number 3 of 2023 and Article 5 of Law Number 1 of 2024 concerning ITE which confirms the validity of electronic documents as legal evidence. Both are legitimate state administrative decisions, so the difference between physical and digital forms does not affect their status. 2) Comparison of the legal force of conventional land certificates and electronic land certificates in providing evidence and legal protection for land rights holders, namely conventional land certificates and electronic land certificates have equal legal force in providing evidence and legal protection for land rights holders, because both are issued by authorized officials in accordance with Article 19 paragraph (2) letter c UUPA and Article 32 PP Number 24 of 1997. Conventional certificates have strong but not absolute evidentiary force and provide protection for rights holders in good faith, while electronic certificates obtain legal legitimacy through Article 6 paragraph (2) and Article 16 paragraph (2) of the Minister of ATR/BPN Regulation Number 3 of 2023, and their validity is recognized based on Article 5 of Law Number 1 of 2024 concerning ITE and are equipped with personal data protection as regulated in Law Number 27 of 2022 concerning PDP.
Legal Implications of Credit Deed Agreements Without Legalization at Banks Renjana, Abhinaya Rai; Taufiq, Muhammad; Hasana, Dahniarti
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 aims to analyze the legal force and legal implications of credit agreements without notarial legalization on legal protection for banks and debtors at the Central Java Regional Development Bank. This study uses an empirical legal method with a statutory and sociological legal approach to examine legal provisions normatively and their application in practice. Data were obtained through interviews and observations as primary data, and literature studies as secondary data. Based on the results of the study, it is concluded that credit agreements without notarial legalization remain valid as long as they meet the requirements for a valid agreement according to the Civil Code, but have limitations in evidentiary power and executorial certainty compared to authentic deeds. From the perspective of legal protection, banks as creditors obtain relative protection and depend on internal control mechanisms, while debtors do not receive the guarantee of independent verification as in notarial legalization. This condition indicates implications for the level of legal certainty for parties in credit practices.
Notary's Responsibility for Deeds Declared Void or Invalid Based on Court Decision Aswin, Muhammad; Hafidz, Jawade
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 aims to analyze: 1) The notary's responsibility for deeds declared null and void based on a court decision. 2) Legal protection for the parties, including notaries, when the deed made is declared null and void. This type of research falls within the scope of normative legal research. The approach method in this research is legislation (statue approach). The type of data in this research is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (document study). The analysis in this research is prescriptive. The results of the study concluded: 1) The notary's responsibility for deeds declared null and void based on a court decision is relative and is determined by the notary's level of compliance with legal provisions and the application of the prudential principle. This responsibility can include civil, administrative, and criminal aspects, depending on the presence or absence of elements of error or negligence in carrying out the authority of his position. In Decision Number 43/Pdt.Sus-Gugatan Lain-Lain/2023/PN Niaga Semarang, the cancellation of a deed does not give rise to responsibility for the notary because no formal error was found; Violations occur in the substance of bankruptcy law by the parties, not by the notary. 2) Legal protection for the parties, including notaries, when the deed they have made is declared null and void or invalid aims to ensure legal certainty and justice. Protection for the parties is realized through a court decision that restores violated rights, while for notaries it is provided if they have carried out their official duties in accordance with the Notary Law (UUJN) and the principle of good faith. Legal protection mechanisms include preventive protection through supervision by the Notary Supervisory Board (MPN) and the Notary Honorary Council (MKN), as well as repressive protection through the courts and professional rehabilitation if the notary is not proven guilty. Proportional legal protection ensures a balance between upholding official responsibilities and guaranteeing the independence of the notary profession in carrying out its state function as a guarantor of legal certainty.
Optimizing the Implementation of Complete Systematic Land Registration (PTSL) at the Land Office as an Effort to Accelerate Land Registration Purwantoko, Gilang Riyan; Darmadi, Nanang Sri; Riyanto, Taufan Fajar
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 aims to analyze: 1 Efforts to optimize the implementation of PTSL as a step to accelerate land registration in Grobogan Regency. 2) Obstacles and solutions in the implementation of PTSL in Grobogan Regency. This type of research is empirical legal research. The approach method in this research is a qualitative approach. The types of data in this research are primary and secondary data. The data collection method uses observation, interviews and library techniques (document study). The analysis in this research is descriptive. The results of the study concluded: 1) Efforts to optimize the implementation of PTSL as a step to accelerate land registration in Grobogan Regency have shown effective and targeted performance, despite being implemented in diverse social, geographical, and administrative conditions. This optimization is reflected in strengthening the regulatory basis, increasing human resource capacity, intensifying outreach to the community, adjusting technical methods of measurement and mapping, validating and digitizing land administration data, and strengthening coordination between stakeholders. The gradual implementation of PTSL, both during the high target of Fiscal Year 2024 and the limited target of Fiscal Year 2025, is still able to produce tangible outputs in the form of issuance and delivery of land title certificates and increasing public participation and legal awareness. 2) Obstacles in the implementation of PTSL in Grobogan Regency are still influenced by low public understanding and participation, limited human resources at the Land Office, difficult geographical conditions and field terrain, distance and accessibility of villages far from the center of government, disorderly village land administration especially related to Letter C, potential land boundary disputes, and limited financing capacity of underprivileged communities. To overcome these obstacles, operational and contextual solutions are needed, including increasing socialization and counseling of village-based land law, optimizing the work of officers and involving third parties in a controlled manner, adjusting measurement techniques according to geographical conditions, implementing outreach services, strengthening the role of village governments in land administration arrangements and verifying legal data, facilitating land boundary deliberations, and transparency and supervision of PTSL financing, so that the implementation of PTSL is not only oriented towards achieving targets, but also able to improve the quality of land registration and legal certainty of land rights for the community in a sustainable manner.
Notary's Responsibility for the Loss of the Customer's Land Ownership Certificate Siti Yaningsih, Wa Ode; Djunaedi, Djunaedi
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 aims to analyze the notary's responsibility for the loss of a land title certificate and the legal protection provided to clients. A land title certificate is legally binding evidence of land rights, and its loss can lead to legal uncertainty and losses for the rights holder. In notarial practice, notaries often receive and store original documents belonging to the parties, so clarity is needed regarding the notary's responsibility in the event of the loss of such documents. This study uses a sociological juridical research method supported by library research. The sociological juridical approach is used to examine the establishment of legal norms in notarial practice through direct interviews with notaries. Library research is conducted by reviewing laws and regulations, legal literature, legal theories, and Kendari District Court Decision No. 14/pdt. G.S/2020/PN Kdi, which relates to the loss of a client's land ownership certificate. The results of the study indicate that (1) legal protection for customers against the loss of land ownership certificates is provided through preventive and repressive legal protection. (2) notaries are responsible for the loss of ownership certificates if the loss occurs due to negligence in carrying out their duties, with responsibilities that include civil, administrative, and ethical aspects. (3) legal solutions carried out by notaries for the loss of customer ownership certificates in the form of assistance in processing replacement certificates at the land office as a form of professional responsibility and good faith of the notary. In addition, the deed of granting mortgage rights has a close relationship with the ownership certificate as a collateral object, so that the security of the certificate in the process of making and registering mortgage rights is an important obligation of the notary in ensuring legal certainty for the parties.
Responsibility of Land Deed Officials for Issuing Replacement Certificates Due to Loss Widyasari, Andini; Hafidz, Jawade; Kusriyah, Sri
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 title certificates are strong evidence of land ownership, providing legal certainty through the land registration system. In practice, problems often arise in the form of lost land title certificates, including during the processing at the Land Office. This situation causes losses for rights holders and raises legal issues regarding the responsibility of Land Deed Officials (PPAT). This study aims to analyze the procedures for issuing replacement certificates for lost land by the Serang Regency Land Office and the responsibility of PPATs in the event of lost certificates during the land registration process. The research method used was sociological juridical with analytical descriptive specifications. The results showed that the procedure for issuing replacement certificates was implemented in accordance with Government Regulation Number 24 of 1997, while the PPAT's responsibilities were principally administrative and professional as long as there was no element of error or negligence. The research results indicate that the procedure for issuing replacement certificates has been implemented in accordance with statutory provisions, particularly Government Regulation Number 24 of 1997 concerning Land Registration, but administrative obstacles remain. The responsibility of the Land Deed Official (PPAT) is, in principle, administrative and professional as long as there is no element of error or negligence.
Legal Implications of Underhand Agreements Between Hospitals and Medical Device Distributors from a Health Law Perspective (Case Study of Dr. Yuniati Wisma Karyani Natuna Hospital) Wahyuning Mekarsari, Septi; Hadi Prayitno, Ahmad
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

Procurement of medical devices is an important part in supporting health services in hospitals. In practice, cooperation between hospitals and distributors of medical devices is often stated in the form of private agreements without involving a notary. This study aims to analyze the legal implications of private agreements in the event of a breach of contract between hospitals and distributors of medical devices, both in the perspective of civil law and health law, and to provide legal recommendations as a reference for dispute resolution. The type of research used is sociological juridical research with a case study at RSAU dr. Yuniati Wisma Karyani Natuna. The specifications of this research are descriptive analysis, the types of data used are primary data, secondary data, primary legal materials, secondary legal materials and tertiary legal materials, then the data collection method is by interviewing health workers at RSAU dr. Yuniati Wisma Karyani Natuna, and the analysis method in this study is qualitative analysis. The results of the study indicate that private agreements remain legally binding as long as they meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code. However, such agreements have limitations in terms of evidentiary power compared to authentic deeds. In the event of a breach of contract, the injured party has the right to demand fulfillment of the performance, compensation, cancellation of the agreement, or transfer of risk. From a health law perspective, breach of contract has the potential to disrupt the quality of health services and patient safety, so that hospitals still bear legal responsibility in the provision of health services. Therefore, this study recommends that cooperation agreements be made in the form of authentic deeds or at least legalized.
When Land and Building Acquisition Taxes Are Due Based on a Sales and Purchase Agreement Pamungkas, Hamka Sesario; Purnawan, Amin; Riyanto, Taufan Fajar
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 aims to analyze the principle of transfer of land rights in the sale and purchase of land rights as a basis for determining the time of BPHTB debt and analyzing the legal aspects regarding PPJB as a basis for determining the time of BPHTB debt. This study uses a 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 prescriptive. Based on the study, it is concluded that, when viewed from the perspective of national land law based on customary law, the time of transfer of land rights from the seller to the buyer is more appropriately interpreted as the time when the AJB is made and signed before the PPAT because it reflects the principle of clear and cash, which then the time of transfer of rights becomes the time when the BPHTB tax is owed and is the object of BPHTB as referred to in the provisions of Article 44 paragraph (1) of the HKPD Law. However, when viewed from the aspect of national development, the implementation of norms when BPHTB is owed based on PPJB as regulated in Article 49 letter a of the HKPD Law and its transitional provisions in Article 18 paragraph (2) letter a of the PP KUPDRD aims to close legal loopholes in the efforts of regional governments to increase tax revenue sourced from BPHTB as one of the instruments of fiscal decentralization. According to the Constitutional Court decision Number 117/PUU-XXI/2023 dated September 12, 2024, PPJB can have legal consequences for the transfer of rights from the seller to the buyer as long as the buyer has paid the land price in full and the buyer has taken control of the object of the sale and purchase and is carried out in good faith.
Legal Status of Authentic Deeds Made by a Notary and Proposed to be Dishonorably Dismissed (Study of Decision Number: 200 Pk/Tun/2022) Prasetya, Arnasteisya Putri; Bawono, Bambang Tri; Prayitno, Ahmad Hadi
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 aims to analyze criminal violations that may serve as the basis for dishonorable dismissal of a Notary, the relationship between such violations and the administrative aspects of the notarial office, the dismissal procedure, and the legal standing of authentic deeds made by a Notary proposed for dishonorable dismissal. The research method employed is normative legal research with statutory and conceptual approaches, using literature review and documentation, and analyzed qualitatively. The findings indicate that criminal violations committed by a Notary may lead to dishonorable dismissal as they undermine the dignity of the profession and affect the administrative aspects of the notarial office. The dismissal procedure is carried out through recommendations from the Central Supervisory Council and finalized by the Minister of Law and Human Rights. Authentic deeds made by a Notary during the period of proposed dismissal remain valid and possess full evidentiary strength as long as they meet formal and material requirements, as affirmed in Supreme Court Decision No. 200 PK/TUN/2022. However, the study also reveals normative ambiguities among the Notary Office Act, Bankruptcy Act, Civil Code, and Criminal Procedure Code, which result in multiple interpretations and legal uncertainty. Therefore, reformulation and harmonization of legislation are necessary to ensure legal certainty, strengthen the integrity of the notarial profession, and protect public interests.
Conflict of Norms between UUJN and Notarial Deeds: Implications for the Liability of Retired Notaries Sulistiawati, Sulistiawati; Sri Darmadi, Nanang
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 purpose of this research is to determine and analyze the responsibility of Notaries for deeds made after the end of their term of office and to determine and analyze the legal protection for Notaries for deeds made after the end of their term of office. This research method includes normative juridical research with a statutory approach and a conceptual approach. Data collection techniques are carried out by literature studies on legal materials, both primary legal materials, secondary legal materials and tertiary legal materials including non-legal materials. The analysis method in this research uses two interpretations which include systematic interpretation and grammatical interpretation. The results of this study indicate that although Defendant II has retired as a Notary, responsibility for the deeds he made, such as Deeds Number 23 and 24, remains attached based on Article 65 of the UUJN. Legal protection for retired Notaries is realized through preventive and repressive mechanisms, including the principle of presumption of legality, limitation of responsibility on formal and procedural aspects, and the right to defend himself in court. Thus, the legal system provides a balance between enforcing the professional responsibilities of Notaries and protecting their rights, so that legal certainty, justice and benefits for Notaries and interested parties remain guaranteed.

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