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INDONESIA
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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Notary's Principle of Prudence in Credit Guarantees in Banking Nirwana, Erza Aulia; Hafidz, Jawade; 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

This research is motivated by the great responsibility of a notary for the deeds he makes that is attached throughout his life, thus demanding the application of the principle of prudence or thoroughness in every exercise of his authority. The principle of prudence is a legal obligation affirmed in the oath of office and laws and regulations in the field of notary, and has a strategic role in banking practices, especially in binding credit collateral in the form of Mortgage Rights on land. Negligence of a notary who also holds the position of Land Deed Making Officer (PPAT) in analyzing material collateral has the potential to cause legal defects in the deed, eliminate the executorial power of the collateral, and harm the bank and the debtor. This research aims to analyze the legal aspects of the application of the principle of prudence of notaries in banking credit guarantees and the resulting legal consequences. The research method used is normative juridical legal research, which positions law as the prevailing norm (law in books). The approaches employed include the statutory regulatory approach, the conceptual approach, and the case approach. Legal materials, including primary, secondary, and tertiary legal materials, were obtained through literature review and analyzed qualitatively and normatively through legal interpretation and reasoning. The research results show that the application of the principle of prudence by notaries and PPAT is an essential requirement in the preparation of bank credit guarantee deeds. Careful and comprehensive application of this principle results in a valid guarantee deed, has perfect evidentiary force, and provides legal protection for the bank and the debtor. Conversely, negligence in applying the principle of prudence can result in the deed being void or subject to cancellation, the loss of the guarantee's executorial power, and give rise to legal liability for the notary, both civil, administrative, and criminal.
Legal Force of Under-Hand Deeds Legalized by a Notary Setiadinanti, Syakina; Shallman, Shallman; 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

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.
The Validity of E-Signature in Authentic Deeds as Digital Transformation of Notaries Mazwar, Mazwar; Handoko, Widhi; 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

This study aims to analyze: 1) The validity of e-signature in authentic deeds according to the prevailing laws and regulations in Indonesia. 2) Challenges and solutions in the application of e-signature in authentic deeds by notaries. This type of research is included in 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 qualitative analysis. The results of the research concluded: 1) The validity of e-signature in authentic deeds according to the prevailing laws and regulations in Indonesia is still at the conceptual stage and does not yet fully have strong normative legitimacy. In positive law, Law Number 1 of 2024 concerning the Second Amendment to the ITE Law has provided a basis for recognizing electronic signatures as valid evidence, as regulated in Article 11 paragraph (1) and Article 5 paragraph (1). However, this recognition has not been harmoniously accommodated in Law Number 2 of 2014 concerning the Position of Notary, which still requires physical presence and manual signature as stated in Article 16 paragraph (1) letter m. The lack of synchronization between the two laws creates legal uncertainty regarding the authenticity of deeds made electronically. 2) The implementation of e-signatures in authentic deeds by notaries still faces various challenges that are normative, technical, and sociological. The disharmony between the ITE Law, PP No. 71 of 2019, and the Notary Position Law is the main obstacle that causes the lack of legal certainty regarding the validity of electronic deeds. On the other hand, limited digital infrastructure and low technological literacy among notaries and the public also slow down the process of notarial digitalization. Nevertheless, solution efforts in the form of regulatory harmonization, strengthening cybersecurity systems through Electronic Certification Providers (PSrE), and increasing notary digital competence are strategic steps that must be implemented immediately to ensure that electronic deeds have the same legal force as conventional authentic deeds. Thus, the success of the digital transformation of notaries can only be achieved if law, technology, and the ethics of the notary profession work in harmony to ensure legal certainty, justice, and legal protection for the parties.
Legal Review of The Validity of Electronic Signatures in Authentic Deed Muliani Zabir, Andi Sri; Darmadi, Nanang Sri; 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

The regulation of electronic signatures has been widely incorporated into various Indonesian laws and is used by many government agencies and the private sector. Notary practice under Law Number 2 of 2014 on the Notary function has been regulated with respect to the concept of cyber notary. However, it did not further specify or detail the use of an electronic signature in a notarial authentic deed. The purpose of this research is to analyze the existence and validity of electronic signatures in notarial authentic deeds and in other forms of notarial deeds that use electronic signatures. The method used is normative legal research with a law-regulation approach. The source and type of data used are secondary data from a literature review; the analysis is prescriptive. The results show that: 1) notaries in several countries, such as the United States and Japan, have been using electronic signatures in notarial authentic deeds, even making them in digital form, due to the legal foundation that ensures the notary can legally use the electronic signature in those countries. In Indonesia, an electronic signature has been used in government agencies, such as the Ministry of Agrarian Affairs and Spatial Planning and the Ministry of Law, as well as in private parties, such as the company that held a General Meeting of Shareholders of a Limited Liability Company via electronic means. 2) Signing of the original deed using an electronic signature could not be used in Indonesia since there is no clear legal foundation that regulates the notary's authority to use the electronic signature itself. If the notary continues to use the electronic signature on notarial authentic deeds, the deeds will be considered illegal and not authentic. At the same time, the use of an electronic signature on a copy of a notary deed is supposed to be possible as long as the original deed has been completely signed by every party, witness, and the notary, based on the Notary Position Regulations. The suggestion would be: 1) the government needs to implement a change in Law Number 2 of 2014 to accommodate the changing of the era. 2) The synergy between the government and notary organization would give legal certainty toward the use of an electronic signature on notarial authentic deeds by forming a legal foundation for using an electronic signature on the original deed, as well as the system and application that could make the use of an electronic signature on the practice of notary's duties easier.
Validity of Electronic Signatures of The Notary and The Parties on The Notary Deed Fahryan, Ahmad; 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 development of information technology has driven the transformation of notarial practices, including the implementation of electronic signatures, which are generally recognized as having legal force under the Electronic Information and Transactions Law (UU ITE). However, the Notary Law (UUJN) has not explicitly regulated the use of electronic signatures in the creation of authentic deeds, thus still requiring the physical presence of the parties. This has given rise to debate regarding the validity of electronic notarial deeds. This study aims to analyze the validity of electronic signatures of notaries and parties in notarial deeds. The method used is a normative juridical approach through a literature review, with analytical descriptive research specifications that systematically and comprehensively explain the related legal issues. The results of the study indicate that legally, electronic signatures are valid in electronic transactions, but their application in notarial deeds is still limited due to exceptions in Article 5 paragraph (4) of the ITE Law, legal constraints in the UUJN, digital security issues, and differences in legal understanding. Therefore, harmonization of regulations, strengthening digital infrastructure, and improving notary competency are important steps to ensure that electronic notarial deeds continue to have legal certainty and adequate legal protection.
Problems of Notary Responsibility for Compliance with Company Capital Satrio, Muh.; Fajar Riyanto, Taufan
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 practice of establishing a Limited Liability Company in reality still shows a discrepancy between the authorized capital and the issued and paid-up capital as stated in the deed of establishment. This condition has the potential to give rise to legal issues related to the validity of the deed and the responsibility of the Notary as a public official authorized to make authentic deeds. This study aims to analyze the responsibility of the Notary in the process of establishing a Limited Liability Company if there is a capital discrepancy, examine its legal implications for the validity of the deed, and identify forms of legal protection for the parties and third parties. This study uses a normative legal method with a statutory, conceptual, and case approach. Legal materials were obtained through literature studies and analyzed qualitatively using deductive reasoning. The results of the study indicate that the Notary is professionally, ethically, and legally responsible for ensuring the formal accuracy of the capital data in the deed, even though the material obligation to deposit lies with the shareholder. Capital discrepancies can cause administrative defects and open up the possibility of civil and ethical liability if negligence is proven. This study concludes that strict implementation of the principle of prudence by Notaries is the key to ensuring legal certainty and protection in the establishment of Limited Liability Companies.
Efforts to Eradicate Land Mafia in Banjarbaru City Tumanggor, Evans Ricardo; Sri Darmadi, Nanang; Tri Bawono, Bambang
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 mafia is a serious problem that can be detrimental to society and the state. As a serious problem, the law, which is a state instrument in national land management and is mandated to eradicate land mafia, has not been optimally implemented. This is evidenced by the increasing number of land mafia cases, including in the Banjarbaru City area. The type of legal research used is non-doctrinal. In this non-doctrinal legal research, law is conceptualized as a manifestation of the symbolic meanings of social actors as seen in their interactions. That the real reality of life does not exist in the empirical realm that is also the realm of observation, it does not appear in the form of patterned and structured behavior that is objective (let alone normative) and therefore can be measured to produce quantitative data. Based on the research conducted, it was found that the implementation of efforts to eradicate land mafia in the Banjarbaru City area is currently not optimal, this is becauseThe absence of regulations regarding the criminal law enforcement process in the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning the Prevention and Eradication of Land Mafia. Therefore, the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning the Prevention and Eradication of Land Mafia only regulate the implementation of handling land mafia cases with an administrative approach, this results in a lack of severe sanctions to create a deterrent effect for land mafia perpetrators inBanjarbaru City.
Law Enforcement Against Abuse of Authority by The Lurah in Issuing Multiple Certificates (Case Study in Medokan Subdistrict, Surabaya) Estuanti, Ananda; Arifulloh, Achmad; 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

This study examines the enforcement of law against the abuse of authority by a village head (lurah) in the issuance of double land certificates, with a case study in Medokan Subdistrict, Surabaya. The issue of double certificates represents a serious failure in land administration that directly undermines legal certainty and the protection of community land rights. In practice, the issuance of double certificates is often linked to the abuse of authority by local government officials through manipulation of juridical data, issuance of unlawful land statements, and disregard for the principle of prudence in public service. This research employs an empirical juridical method with a qualitative approach, combining statutory analysis with an examination of legal practices in the field. Data were collected through literature review, legal documents, and analysis of relevant empirical facts. The findings indicate that weak supervision, low integrity of officials, and an underdeveloped land administration system are the main factors contributing to the occurrence of double certificates. Law enforcement against officials who abuse their authority still faces significant obstacles, particularly in terms of evidence and inter-agency coordination. This study is expected to contribute academically to the development of notarial and land law, as well as provide practical recommendations for improving land administration governance based on legal certainty and justice.
Legal Certainty Regarding Covernotes Issued by Notaries as Temporary Guarantees for Creditors in Banking Practices Dwi Arepa, Nola; Shallman, Shallman; Arpangi, Arpangi
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 comprehensively analyze the legal status of covernotes issued by Notaries in banking practices and the forms of legal liability in the event of negligence that results in losses for creditors. This issue is relevant because in the practice of credit disbursement, especially loans secured by mortgage rights, covernotes are often used as administrative basis before the binding and registration process of the collateral is fully completed. However, normatively, there are no explicit regulations regarding covernotes in the provisions of Law Number 2 of 2014 concerning the Position of Notaries or in the legal regime of material collateral. This research uses a normative juridical method with a statutory and conceptual approach, analyzed qualitatively through a literature review of primary, secondary, and tertiary legal materials. The analysis was conducted by examining the principle of legal certainty, the principle of prudence in banking, and the theory of legal responsibility. The research results show that the covernote is not an authentic deed as defined in the Notary Law, because it does not fulfill the formal requirements as a deed made by or before a public official in a form prescribed by law. The covernote is also not an agreement that creates a new legal relationship, but rather an administrative statement that essentially only contains information regarding an ongoing process. Therefore, the covernote does not have perfect evidentiary power or executorial power like a mortgage certificate. However, in banking practice, covernotes are often used as the basis for credit disbursement due to efficiency and business needs. This situation has the potential to create legal uncertainty if there is a failure to complete the binding or registration of collateral. In the event of losses due to a notary's negligence, legal liability can be sought in the form of civil liability based on breach of contract or unlawful acts, administrative liability through the notary's job oversight mechanism, and ethical liability in accordance with the professional code of ethics. Therefore, it is necessary to clarify the limitations of the function and position of covernotes to ensure legal certainty and balanced protection for all parties in banking practice.
Normative Analysis of The Prohibition on The Sale and Purchase of Ownership Certificates in Kampung Tua, Batam City by The Batam City Government and The Batam City National Land Agency Nur Sidhi, Mas Imam; Riyanto, Taufan Fajar; Dwi Istinah, Siti Rodhiyah
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 thesis research aims to analyze in detailsocialThe prohibition on the sale and purchase of Land Ownership Certificates (SHM) in the Kampung Tua area of Batam City, as stipulated in Batam Mayor Regulation Number 2 of 2024 and its implementation by the National Land Agency (BPN) of Batam City. This study uses a juridical research method.socialve with a statute approach, a conceptual approach, and a case/policy approach. The legal sources used include primary legal materials in the form of the Basic Agrarian Law, Batam Mayor Regulation Number 2 of 2024, and related land regulations; secondary legal materials in the form of books, scientific journals, and previous research results; and tertiary legal materials such as legal dictionaries and encyclopedias. The legal material collection technique is carried out through literature studies and document studies, while the analysis is carried out qualitatively by interpreting legal norms, examining the hierarchy of laws and regulations, and assessing the suitability of policies with the principles of land law such as legal certainty, justice, benefit, and protection of rights. The results of the study indicate that in generalsocialThe validity of the policy prohibiting the sale and purchase of SHM in Kampung Tua still raises legal issues because it has the potential for disharmony with the provisions of the Basic Agrarian Law (UUPA), which guarantees property rights as the strongest and most complete transferable rights. The implementation of the ban by the Batam National Land Agency (BPN) has legal consequences in the form of restrictions on the transfer of rights and delays in land services, as well as impacting aspectssocial issues such as declining legal certainty, the economic value of land, and the potential for community conflict. However, this policy also aims to protect the sustainability of Kampung Tua, necessitating synchronized regulations and equitable policy formulation.

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