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Contact Name
Ong Argo Victoria
Contact Email
tabelius@unissula.ac.id
Phone
+6281325424803
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tabelius@unissula.ac.id
Editorial Address
2nd Floor Imam As Syafei Building, Faculty of Law, Sultan Agung Islamic University. Jln. Kaligawe KM. 4, Semarang City, Central Java, Indonesia
Location
Kota semarang,
Jawa tengah
INDONESIA
TABELLIUS
ISSN : 29886201     EISSN : 29886201     DOI : -
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 188 Documents
Problems Regarding the Impact of Residential Land Acquisition on Land and Building Compensation Does Not Cover Community Business Activities Mansyah, Angra; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study aims to determine how the problems, laws, and obstacles of the impact of land acquisition for settlements on land and building compensation do not cover community business activities, a case study of the Kendari-Toronipa road, the author uses the method of legal research is empirical legal research (sociological). Namely research that uses empirical facts taken from human behavior, both verbal behavior obtained through interviews and real behavior carried out through direct observation with normative juridical as a writing approach, The results of the study show that the construction of the Kendari-Toronipa main road has reaped many problems including compensation that is not in accordance with the initial agreement or changes from the relevant government to the affected community, then there is no compensation for community business activities, this shows the community's ignorance and the absence of socialization regarding compensation for land does not cover business activities. The draft planning and legal certainty applicable in terms of land acquisition and compensation in Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest and its update to the Government Regulation in Lieu of Law Number 39 of 2023. The Southeast Sulawesi Provincial Government in the construction of the Kendari-Toronipa road which is based on Land Acquisition for Development in the Public Interest, however, in its implementation not all are applied from the informants interviewed by the researcher, many of them still receive compensation that is not in accordance with the agreement or deliberation that has been carried out, and the application of compensation does not cover community business activities that are not applied at all by the government, in this case in the case of compensation for Kasilampe Beach, Mata Village, and businesses that do not receive compensation for the business losses they experience.Keywords: compensation; land acquisition; Problems.
Legal Force of Power of Attorney Agreement to Sell Joint Property after The Existence of a Marriage Agreement Deed made after The Marriage Rianzi, Sarifa Dira
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. A Notary is an official who has the authority to make authentic deeds based on the Law on the Position of Notary, the Notary Code of Ethics and other provisions related to the Notary profession. In his authority to make authentic deeds, an example of a deed that can be made by a Notary is a Deed of Power of Attorney for Sale Agreement. In addition to these deeds, a Notary is also blessed to make a Deed of Separation of Property Marriage Agreement which Based on the Decision of the Constitutional Court dated October 27, 2016 Number 69 / PUU-XIII / 2015, a marriage agreement can be made during the marriage and does not harm the interests of the third party involved. And this provision does not apply retroactively, so that assets obtained after marriage and before the separation of property marriage agreement is made remain joint assets. Based on the above, this study aims to determine and analyze the position of marital assets obtained before the deed of separation of assets is made, and to determine and analyze the legal force of the Deed of Power of Attorney to Sell Joint Assets after the making of the Marriage Agreement Deed. The problem is analyzed using the theory of legal certainty. The research approach method used by the author is normative legal research, using qualitative data types and using secondary data sources, which data the author obtained through the data collection process through library research. The data analysis method uses a qualitative analysis method in which the data obtained is arranged systematically and then analyzed qualitatively in order to obtain clarity on the problems to be discussed.Keywords: Authentic Deed; Notary; Power of Approval; Separation of Property Marriage Agreement.
Implementation of Complete Systematic Land Registration (PTSL) to Obtain Legal Certainty for Owners of Ready-to-Build Plots in Sungai Pelunggut Village, Sagulung District, Batam City Butarbutar, Romasni; Arifulloh, Achmad
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 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 implementation of PTSL to obtain legal certainty for the owners of ready-to-build plots in Sungai Pelunggut Village, Sagulung District, Batam City. 2) The obstacles faced and their solutions in the implementation of PTSL to obtain legal certainty for the owners of ready-to-build plots in Sungai Pelunggut Village, Sagulung District, Batam City. This type of research falls within the scope of sociological or empirical legal research. The approach used is qualitative. The data types and sources used are primary and secondary data, obtained through interviews, observations, and literature review. The analysis is descriptive and analytical. The research results concluded: 1). The implementation of Complete Systematic Land Registration (PTSL) for Ready-to-Build Plots in Sungai Pelunggut Village reflects the state's efforts to guarantee legal certainty of land rights for the community. Normatively, this program is based on Regulation of the Minister of ATR/Head of BPN Number 6 of 2018, which serves as the main legal basis for every stage of implementation, from inventory, collection of legal and physical data, to issuance of certificates. From a legal structure perspective, the implementation of PTSL involves the Ministry of ATR/BPN, the Batam City Land Office, and local governments down to the sub-district level, which together are tasked with the administration and field verification processes. From a legal substance perspective, the clarity and uniformity of procedures in the regulations provide legal legitimacy to the land registration process. Meanwhile, from a legal culture perspective, the community is beginning to show a change in attitude towards respecting formal legality, although not yet fully widespread. 2). The implementation of PTSL for Ready-to-Build Plots in Sungai Pelunggut Village still faces various complex obstacles. Normative constraints arise from the lack of clear technical regulations regarding the legalization of plots originating from informal housing, leading to confusion in their implementation. Administrative constraints include weak documentation proving rights by applicants, especially for plots obtained through underhand agreements or without proof of legal ownership. Technical constraints include discrepancies between the physical condition of the land and legal data, as well as difficulties in determining land boundaries due to overlapping claims. Social constraints include low community participation and a lack of legal understanding regarding the importance of land certification. Solutions that have been implemented include legal counseling approaches, strengthening inter-agency coordination, utilizing mapping and measurement technology, and community empowerment. Keywords: Land Registration; Legal Certainty; PTSL.
The Notary's Answer to the Making of the Sale and Purchase Agreement Deed (PPJB) When a Dispute Occurs for the Parties Fadlulah, Muhammad Ajib
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The binding sale and purchase agreement which is often called PPJB is made before a notary with the aim of expressing the agreement of the parties in the form of a deed to bind each other. This writing aims to find out and analyze the responsibility of a notary for making a sale and purchase agreement deed when a dispute occurs for the parties in Rembang district and to find out and analyze the juridical implications for making a binding sale and purchase agreement deed when a dispute occurs in Rembang district. The approach method used in this study is a sociological juridical approach, which means a study conducted on the real condition of society or the community environment with the intent and purpose of finding facts which then leads to identification and ultimately leads to problem solving. The analytical knife in this paper uses the theory of legal certainty and the theory of responsibility. The results of this study indicate that the notary's responsibility for the deed he made is limited to the initial part of the deed / head of the deed and the final / closing part of the deed, in this section the notary has full responsibility for its contents both formally and materially. The role of the Notary is only as a Media for the birth of an Authentic Deed and Juridical Implications for Making a Sale and Purchase Binding Agreement Deed in the event of a Dispute in Rembang Regency made before a Notary in which a dispute occurs because one party's obligations are not fulfilled (default) can cause the cancellation of the deed drawn up before a Notary namely the deed of the Sale and Purchase Agreement (PPJB) can be canceled if it does not fulfill the subjective element or is null and void if it does not fulfill the objective element as it turns out in Article 1320 of the Civil Code.Keywords: Agreement; Buy; Sell.
Implementation of the Division of Joint Assets Based on a Notarial Deed Due to Divorce Salsabila, Amalia Rifdah
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This research aims to find out and analyze the implementation of knowing and analyzing the implementation of the distribution of joint assets based on notarial assets resulting from divorce and the basis of the judge's consideration in deciding cases regarding the distribution of joint assets due to divorce as well as analyzing the relationship between the notary's deed and the judge's decision which has decided on the division of joint assets due to divorce. In researching and preparing this thesis, the author used normative juridical research methods. The Normative Judicial Approach is research that refers to existing literature studies or secondary data. Meanwhile, Normative is Legal Research which aims to obtain Normative Knowledge about the Relationship between one Regulation and another Regulation and its Application in Practice. The type of data used secondary types, namely data obtained from or originating from library materials, secondary data collected in this research includes primary legal materials, secondary legal materials and tertiary legal materials. There are no similarities or differences between the distribution of joint property determined by a Notary and the Religious Court Judge's Decision, but rather similarities, because the deed made by the notary has definite legal force and the deed used as evidence is an authentic deed, which provides evidence that perfect regarding what is contained therein. Because the court makes a reference or basis for making decisions so that disputes or problems do not occur in the future. Keywords: Collective; Courts; Notaries; Religious; Rights.
Juridical Implications Of Notaries Who Do Not Maintain Considential Confidentiality Of Consumers In The Conception Of Legal Certainty In The Pekalongan State Court Rizky, Defiani Amalia
TABELLIUS: Journal of Law Vol 1, No 4 (2023): December 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

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Position and Responsibilities of a Substitute Notary for a Notary Who Has Died Pratidina, Merry Fitri; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to understand and analyze the position and responsibility of a Substitute Notary towards a Notary who has died and its legal consequences. This type of research uses normative juridical and the analytical tools in this study are the theory of legal objectives and the theory of legal responsibility. The results of the research and discussion show that a substitute Notary is tasked with replacing or taking over all obligations of a notary who is taking leave within a specified period of time. A Substitute Notary has the same obligations and authorities as a regular Notary. This is in accordance with the provisions in Article 33 paragraph (2) of the Notary Law which stipulates that the provisions in Article 4, Article 15, Article 16 and Article 17 of the Notary Law apply and are also binding on Substitute Notaries, as long as it is not specified otherwise. Substitute Notaries have the same responsibility in carrying out their duties, in accordance with the provisions of Article 65 of the UUJN. As a result of the legal position and responsibility of the Substitute Notary towards the Notary who is replaced who dies, the heirs can propose that the Notary Holding the Protocol and the MPD appoint a Notary as the recipient of the protocol or the MPD appoints a Notary who receives the protocol for a period of 14 (fourteen) days from the end of the term of office of the Temporary Notary.
Cyber ​​Notary Problems in Legal Reform in Indonesia Sujiati, Ani Eva
TABELLIUS: Journal of Law Vol 2, No 2 (2024): June 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Cyber Notary is a concept of using digital technology that is expected to bring great benefits to the legal system and society in Indonesia. Along with the development of digital technology, this concept is proposed as a solution to improve efficiency and security in notary services. Cyber notary allows the process of document validation and electronic signing to be carried out online, utilizing technologies such as blockchain and digital signatures. However, its implementation still faces various challenges. One of the main problems is the lack of comprehensive and specific regulations governing the use of digital technology in notary practice. In addition, concerns about the security and privacy of electronic data are serious obstacles. Cyber attacks and the risk of electronic document forgery require a stronger and more sophisticated security mechanism. In addition, in remote areas that still experience limited internet access. The lack of understanding and technical expertise among notaries who are technologically literate also hinders the adoption of cyber notary. These factors emphasize the need for capacity building and training for notaries to adapt digital technology in cyber notary practices. This study uses normative legal research with a statute approach that examines regulations and laws relating to legal issues regarding cyber notary. This study examines the implementation and challenges faced in implementing the concept of "cyber notary" in Indonesia, noting the need for revision and development of more specific regulations and collaborative efforts between the government, technology providers, and notary associations to overcome these challenges. With the right steps, the implementation of cyber notary in Indonesia can increase efficiency and trust in notary services in the digital era.
Implementation of the Principle of Legal Certainty in the Making of Marriage Agreement Deeds by Notaries Nugroho, Raditya Rizki; Wahyudi, Trubus
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 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 implementation of the principle of legal certainty in the making of a marriage agreement deed by a Notary aims to provide legal guarantees for the husband and wife and third parties. This agreement must be made in the form of a notarial deed before the marriage takes place in order to have binding legal force. The Notary's role is to ensure that the agreement is in accordance with the provisions of the law, does not cause ambiguity, and is registered at the Civil Registry Office in order to strengthen legal protection. In addition to guaranteeing the rights and obligations of the couple, the application of the principle of legal certainty also prevents potential disputes and ensures transparency in the management of marital assets. Thus, the existence of a marriage agreement deed contributes to justice, legal security, and order in the marriage legal system in Indonesia. marriage in Indonesia. 2) The legal consequences of the application of the principle of legal certainty in the making of a marriage agreement deed by a Notary are that with the existence of a marriage agreement made in the form of an authentic deed and officially registered, legal certainty regarding ownership and management of assets in the marriage can be guaranteed. The Notary plays an important role in ensuring that the agreement is made in accordance with applicable legal provisions, so that it has binding legal force and can be used as valid evidence in the judicial process. In addition, the application of the principle of legal certainty in a marriage agreement also functions as preventive and repressive legal protection. Preventively, this agreement helps prevent potential disputes regarding property in marriage, while repressively, this agreement provides a strong legal basis for resolving conflicts in court if violations or disputes occur.Keywords: Marriage Agreement Deed; Notary; Principle of Legal Certainty.
Legal Settlement of Fiduciary Guarantee Objects Transferred by Debtors to Third Parties Setiyo Nugroho, Latif; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1) The application of criminal sanctions against acts of transfer of fiduciary collateral. 2) Alternative non-litigation efforts in law enforcement against acts of transfer of fiduciary collateral. 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 sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study document). The analysis in this study is prescriptive. The results of the study concluded: 1) The application of criminal sanctions against the act of transferring fiduciary collateral without written consent from the creditor is a form of legal protection for creditor rights and an effort to uphold the principle of legal certainty in financing agreements. Based on Article 23 paragraph (2) and Article 36 of Law Number 42 of 1999 concerning Fiduciary Collateral, the act of transferring, pawning, or renting fiduciary collateral without written consent from the fiduciary recipient is categorized as a criminal act, with a maximum prison sentence of two years and a maximum fine of fifty million rupiah. The criminal elements in these provisions are alternative, so that the fulfillment of one form of action (transferring, pawning, or renting) without the creditor's consent is sufficient to ensnare the perpetrator criminally. The application of this provision can be seen in the Decision of the Jepara District Court No. 320/Pid.Sus/2011/PN Jpr, where the defendant was sentenced to prison and a fine for the act of re-pledged fiduciary objects without permission. 2) Alternative non-litigation efforts in law enforcement against acts of transfer of fiduciary collateral are effective and efficient means of law enforcement against acts of transfer of fiduciary collateral without the consent of the creditor. Settlement through non-litigation channels such as consultation, negotiation, mediation, conciliation, or expert assessment can be a solution that prioritizes the principles of justice, benefit, and efficiency of time and cost compared to a long criminal justice process.

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