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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 Force Of Electronic Land Sale And Purchase Deeds (E-Ajb) In The Digital Land Registration System After The Implementation Of Electronic Land Deed Official Services Aditya Nugraha, I Gede Putu Dharma; Setyawati, Setyawati; Darmadi, Nanang 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

The digital transformation of land services through the implementation of electronic Land Deed Official (PPAT) services has given rise to innovations in the form of Electronic Land Sale and Purchase Deeds (e-AJB) within the digital land registration system. The presence of e-AJB raises legal issues related to its legal standing and force as an authentic deed in the Indonesian land law system. This study uses a normative legal research method (normative juridical) with a statutory, conceptual, case, and comparative approach. The data used are primary, secondary, and tertiary legal materials analyzed descriptively and qualitatively. The results of the study indicate that normatively e-AJB has received recognition through regulations related to electronic systems and electronic signatures, particularly the Electronic Information and Transactions Law and its implementing regulations. However, from a classical civil law perspective that requires physical presence and written document form as elements of an authentic deed as regulated in Article 1868 of the Civil Code, there is still debate regarding the fulfillment of the formal requirements of e-AJB as an authentic deed that has perfect evidentiary power. The main obstacles in the implementation of e-AJB include disharmony of laws and regulations, differences in interpretation regarding the physical presence of the parties, and aspects of security and proof of electronic signatures in the trial process. The Denpasar District Court decision is an important precedent that shows the need for harmonization of regulations between civil law, agrarian law, and information technology law to ensure legal certainty and protection for the parties. Thus, strengthening the legal basis of e-AJB through legislative updates and affirmation of its position in the hierarchy of laws and regulations is urgent to support the sustainability of the digital land registration system in Indonesia.
Notary's Liability for Falsified Power of Attorney to Sell (Study of Court Decision Number 773/Pid.B/2021/PN Smg) Hapsari, Aulia Rizky; Arifulloh, Achmad; 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

Forgery of power of attorney deeds is a common problem in notarial practice in Indonesia. As authentic evidence, power of attorney deeds should provide legal certainty and protection, but in practice, notaries often make irregularities in their preparation, resulting in discrepancies between the contents of the deed and the legal facts, resulting in disputes and legal uncertainty. This study aims to analyze the notary's responsibility for forged power of attorney deeds and the judge's considerations in Semarang District Court Decision Number 773/Pid.B/2021/PN Smg. The approach used in this study is a normative juridical approach with a type of normative legal research that focuses on the study of laws and court decisions related to the research problem. The data used are secondary data obtained through literature studies, including primary, secondary, and tertiary legal materials. Data analysis was conducted using a qualitative descriptive method by systematically and logically describing and interpreting the data to answer the research problem. The results of the study show that notaries can be held accountable for administrative, civil and criminal matters if they are proven to have been intentional or negligent in carrying out their authority, resulting in the forgery of a power of attorney to sell. The judge considered that the creation of a deed without the presence and signature of the principal fulfilled the elements of forgery of a deed as regulated in Article 264 paragraph (1) of the Criminal Code, which confirms that notaries are not immune to criminal sanctions.
Legal Force of Under-Hand Deeds Legalized by a Notary Setiadinanti, Syakina; Shallman, Shallman
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 comparative legal force between private deeds legalized by a notary and those not legalized, and to examine the responsibilities and legal protections for notaries in this process. Notaries, as public officials, have important authority to provide legal certainty by verifying signatures and confirming the legalization date on private deeds. The approach used in this research is a statute approach. This type of research is normative. The data used in this study are secondary data obtained through literature review and supported by information from a notary in Tegal. The research concludes: 1) A legalized deed has a stronger position because the notary guarantees that the signature is authentic and the date of its creation is certain. However, this legalization does not change the status of a private deed into an authentic deed, but can strengthen the evidentiary value of the deed if a dispute arises in the future. 2) The notary's responsibility in legalizing a private deed is limited to formal aspects, namely ensuring the accuracy of the signature, the identity of the parties, and the certainty of the date, not to the contents of the agreement. A notary can be held accountable if in carrying out his duties there is negligence or violation of applicable provisions. However, as long as the notary carries out his authority in accordance with laws and regulations and the code of ethics, the notary obtains legal protection, including through the role of the Notary Honorary Council which regulates the procedure for summoning a notary in legal proceedings.
Responsibility of Land Deed Officials (PPAT) for Ethical Violations Acting as IntermediariesLand Sale and Purchase Fatihah, Istinur; 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 the responsibility of Land Deed Officials (PPAT) for ethical violations acting as intermediaries in land sale and purchase transactions and to examine the legal consequences of sale and purchase deeds made by PPAT acting as intermediaries. This research uses a normative legal research method with a statutory approach and conceptual approach. Legal materials consist of primary legal materials including the 1945 Constitution, Civil Code, Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997 concerning Land Registration, and Government Regulation Number 24 of 2016 concerning Regulations on the Position of Land Deed Officials, as well as secondary and tertiary legal materials. Data analysis was carried out prescriptively to provide legal arguments regarding the facts or legal events studied. Based on the research, it is concluded that the responsibility of PPAT for ethical violations acting as intermediaries includes administrative responsibility in the form of sanctions from dismissal with dishonor, civil responsibility based on unlawful acts as regulated in Article 1365 of the Civil Code, and criminal responsibility if fulfilling the elements of criminal acts as regulated in Articles 263, 264, or 266 of the Criminal Code. The legal of sale and purchase deeds made by PPAT acting as intermediaries include degradation of evidentiary power from authentic deeds to underhand deeds, potential cancellation of deeds either absolutely or relatively, rejection of registration of transfer of rights at the Land Office, emergence of material and immaterial losses, and legal uncertainties that threaten the integrity of the national land registration system.
Implementation Of The Principle Of Publicity In The Complete Systematic Land Registration Program From The Perspective Of Legal Certainty In Semarang City Yusuf, Fayeza Nafesyah; Riyanto, Taufan Fajar; Arifulloh, Achmad
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 aim of this research isto analyze the implementation of the principle of publicity in the PTSL program has not been able to guarantee legal certainty at the Semarang City Land Office, and the factors that hinder it. The research method used in this study is: the type of research used in this study is empirical legal research, the approach method used is the structural approach and Economic Analysis of Law. The data used is primary data with qualitative descriptive data analysis. The results of the study show that the implementation of the principle of publicity in the PTSL program has not been able to guarantee legal certainty at the Semarang City Land Office, because it uses a negative publication system with positive elements as regulated in Article 24 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning PTSL. This means that the State does not guarantee the accuracy of the data presented. For landowners, even though they have been listed as landowners in the certificate, they can still face the possibility of being sued in court by parties who have an interest in the land, meaning that the land title certificate can still be canceled. In 2022-2023, there were 111 certificate lawsuits that were decided by the Semarang District Court Judge, and 16 certificates were canceled by the Semarang State Administrative Court. The inhibiting factors can be seen from 3 (three) angles, namely: First, the legal substance (substance of the law), there are weaknesses in Article 24 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning PTSL, related to the use of a negative publication system with positive elements, this causes legal uncertainty, because there is still a possibility of court lawsuits from parties who feel they have an interest in the land; Second, the legal structure (structure of law), namely the limited implementing resources, especially survey officers and administrative staff; and Third, legal culture (legal culture), namely the level of community participation is still low, and the occurrence of internal disputes between families or heirs.
Legal Responsibility of Notaries for Lawsuits Arising from Parties in Ship Sale and Purchase Contracts Akbar, Muhammad; Witasari, Aryani; Shallman, Shallman
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

Notaries as public officials have the authority to make authentic deeds that serve to provide certainty, order, and legal protection for the parties. Notarial deeds are the basis for the relationship between the parties in making contracts, but lawsuits often arise from the parties due to disputes originating from the deed or the process of making the deed, thus giving rise to issues regarding the notary's legal responsibility. This study aims to analyze the form of notary legal responsibility for the emergence of lawsuits from the parties in ship sale and purchase contracts according to the provisions of law and legislation in Indonesia and the form of legal protection for parties who are harmed due to errors or negligence of the notary in making ship sale and purchase contracts. The research method used is normative legal research with a statutory regulatory approach and a conceptual approach. The data used consists of primary, secondary, and tertiary legal materials analyzed qualitatively. The results of the study show that notaries can be held responsible in civil, administrative and criminal matters in ship sale and purchase contracts depending on the existence of elements of error, negligence or violation of the provisions of laws and regulations, in particular the Civil Code, the Notary Law, Law Number 17 of 2008 concerning Shipping and Regulation of the Minister of Transportation Number 39 of 2017 concerning Registration and Nationality of Ships. Parties who are harmed in a ship sale and purchase contract can obtain legal protection and dispute resolution efforts through litigation, namely filing a lawsuit against a notary in court, and non-litigation channels by conducting negotiations, mediation between the notary and the harmed party, and examinations through the Notary Supervisory Board.
Effectiveness of Notary Supervision by The Notary Supervision Council to Prevent Malpractice in Carrying Out Notary Practice in Banyumas Regency Faddil, Zainulloh; Sri Darmadi, Nanang; 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 in depth the effectiveness of supervision carried out by the Notary Supervisory Board (MPN) in Banyumas Regency to prevent malpractice in carrying out notary duties. The main problem studied is how the MPN's supervision is implemented in Banyumas Regency and what factors hinder the effectiveness of such supervision, both from internal and external aspects. The research method used is empirical juridical with a sociological legal approach. The research location was determined in Banyumas Regency, involving informants from the Regional Supervisory Board (MPD) and notary practitioners. The results of the study indicate that supervision has not reached the optimal level of effectiveness as mandated by the Notary Law (UUJN). The main obstacles include limited human resources, minimal operational budget allocation, and psychological obstacles in the form of excessive corps solidarity (ewuh-pakewuh) among fellow notaries. Philosophically-theologically, this supervisory function is a manifestation of the Hisbah concept in Islamic law, where the MPN acts as Muhtasib to ensure that the notary as Al-Katib carries out his duties honestly, transparently and responsibly for the benefit of the people.
The Application of Apostille to Document Validation and Its Impact on the Role of Notaries in Indonesia from an International Legal Perspective Amalia, Dwi Nadrita; Sri Darmadi, Nanang; Handoko, Widhi
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) PThe implementation of the Apostille process in Indonesia and the perspective of international law. 2) The implementation of the Apostille system affects the role and responsibilities of notaries in Indonesia. This type of research is normative legal research. The type of data in this study is secondary data. The data collection method uses observation, interviews, and library techniques (document study). The analysis in this study is qualitative. The results of the study concluded: 1) The implementation of Apostille replaces layered legalization with an efficient and internationally recognized public document validation mechanism. The 1961 Hague Convention simplifies document proof through a single official certificate, while in Indonesia the legal basis is stated in Presidential Regulation No. 2 of 2021, Permenkumham No. 6 of 2022, and Decree of the Minister of Law and Human Rights No. M.HH-01.AH.03.01 of 2022, with the Ministry of Law and Human Rights as the Competent Authority through the apostille.ahu.go.id portal, creating efficiency, transparency, and legal certainty. 2) The implementation of the Apostille expands the role of notaries from merely national deed-making officials to legal actors in the international civil evidence system. Notaries are now responsible for ensuring that each deed meets the formal requirements of Article 38 of the UUJN, the validity of the signature and official stamp, and the conformity of the data with the specimen signature in the Ministry of Law and Human Rights database so that the document can be affixed with an Apostille Certificate. In addition to formal responsibilities, administrative aspects require precision in document verification and electronic legalization procedures (Cyber Notary), while ethical responsibilities require integrity, intellectual honesty, and caution to avoid harm to others. In the digital era, notary responsibilities also include cybersecurity and personal data protection in accordance with Law No. 27 of 2022, so that electronic deeds remain valid, authentic, and trusted internationally. Thus, the Apostille system strengthens the strategic position of notaries as guardians of the credibility of Indonesian law, demanding professionalism, accountability, and mastery of digital legal technology.
Legal Implications of Underhand Agreements Between Hospitals and Medical Device Distributors Mekarsari, Septi Wahyuning; Prayitno, Ahmad Hadi; Laksana, Andri Winjaya
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 from 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 research specifications 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 still have binding legal force as long as they meet the legal requirements of the agreement as regulated in Article 1320 of the Civil Code. However, the agreement has 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 contractual obligations, compensation, cancellation of the agreement, or transfer of risk. From a health law perspective, a breach of contract has the potential to compromise the quality of healthcare services and patient safety, thus requiring the hospital to retain legal responsibility for the provision of healthcare services. Therefore, this study recommends that cooperation agreements be drawn up in the form of an authentic deed or at least legalized.
The Evidential Power of a Private Deed Legalized and Notarized by a Notary Prasetyo Widodo Putra, Bamas; Arifulloh, Achmad; 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

A private deed is a legal document created and signed by the parties without the direct involvement of a public official, such as a notary. However, in practice, private deeds can be strengthened through legalization or waarmerking by a notary. This study aims to analyze the legal force of private deeds after legalization and waarmerking, as well as the differences between them and authentic deeds. The research method used is normative juridical with a statutory approach and case studies. The results show that legalization provides additional evidentiary strength for the signature and date of the deed, making the deed a stronger evidence in legal proceedings. Meanwhile, waarmerking only records the date the deed was submitted to the notary, without guaranteeing the accuracy of its contents. Both do not change the status of the deed to an authentic deed, but they have important value in civil evidence. Therefore, the choice between legalization and waarmerking must be adjusted to the legal needs of the parties.

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