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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 188 Documents
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Effectiveness of the Complete Systematic Land Registration Program (PTSL) In Rembang Regency Dinata, Rendi Apri; Riyanto, Taufan Fajar
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 complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency. 2) Obstacles and solutions to the implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency. This type of research is sociological juridical research. The approach method in this study is a descriptive analytical approach. The types of data in this study are primary data and secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses field studies and literature studies. The analysis in this study is qualitative. The results of the study concluded: 1) The implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency, especially Sarang District, was carried out in accordance with Presidential Instruction Number 2 of 2018 and Regulation of the Minister of ATR/BPN Number 6 of 2018, with effective coordination between the BPN, local government, village officials, and the community. The 100% target by 2024 was achieved, providing positive impacts in the form of legal certainty, protection of ownership rights, orderly land administration, increased access to financing, and public legal awareness. This PTSL is in line with the theory of legal certainty, legal protection, the legal system, law enforcement, and the principles of Islamic justice that affirm equal rights to land. 2) Obstacles to PTSL in Rembang Regency include: (a) administrative-technical, such as mistaken identity, differences in measurement results, and overlapping land plots; (b) socio-economic, such as the burden of non-BPN costs, low understanding of the benefits of certificates, and misperceptions regarding taxes; and (c) regulatory-implementation, such as suboptimal electronic certificates and lack of initial mapping of land plots. Solutions taken include strict document verification, additional measuring personnel, strengthening the role of village officials, re-measurement, community-based outreach, subsidies for non-BPN costs, NJOP-based tax education, and expanding the implementation of integrated e-certificates based on spatial and legal data. Keywords: Effectiveness; Land Registration; PTSL. 
The Juridical Study of the Role of BPN in Eradicating the Land Mafia Simamora, Rahmat Hidayat
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 land mafia is a serious problem that can harm society and the country. As a serious problem, law which is a state instrument in managing national land affairs mandated to be able to eradicate the land mafia, has not been optimally implemented. This is proven by the increasing number of land mafia cases, including in the Medan City area. This writing uses sociological or empirical legal research. Based on the studies conducted, it is known that the implementation of the BPN's role in efforts to eradicate the land mafia in Medan City is currently not optimal, this is because the BPN acted after there were public complaints regarding land mafia cases in the community. The juridical obstacle is the absence of regulation regarding criminal law enforcement processes in the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning Prevention and Eradication of Land Mafia. The next obstacle is the obstacle in the aspect of law enforcement which consists of internal and external obstacles. Internal constraints are constraints from the BPN institution. External constraints are obstacles related to the legal culture in society related to eradicating the land mafia.Keywords: Agrarian; Land; Mafia.
Legal Protection for Creditors for the Execution of Fiduciary Guarantees Without Going Through Court Process Wardhani, Yustina
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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Legal Force of Electronic Certificates (E-Certificates) Issued by The National Land Agency (BPN) as A Form Oo Land Rights Ownership Rihesta, Dwi Adi Pangestika Putra; Fajar Riyanto, Taufan
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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Land certificates issued based on the Basic Agrarian Law (UUPA) have significant evidentiary power (as regulated in Article 19 paragraph (2) letter c). This means that the evidentiary power of the certificate is not absolute, but strong enough. On a scientific basis, the author is motivated to conduct a scientific study containing the Legal Power of Electronic Certificates (E-Certificates) Issued by the National Land Agency (BPN) as a Form of Land Ownership Rights. The research method that will be used in this research is a qualitative approach, namely a way or research method that emphasizes analysis or descriptive. Based on the research results, there are research results on the Legal Power of Electronic Certificates (E-Certificates) Issued by the National Land Agency (BPN) as a Form of Land Rights Ownership, namely the Legal Power of Electronic Certificates (E-Certificates) Issued by the National Land Agency (BPN), namely Electronic certificates with analog certificates have the same position as valid evidence and provide legal certainty for land rights holders in land registration in Indonesia. The implementation of this electronic certificate has not been implemented in the meeting of Commission II of the Indonesian House of Representatives and the Minister of ATR/BPN on the grounds of delaying the security of data listed on the electronic certificate and the regulations of the Minister of ATR/BPN have not regulated data security on digital land certificates as a form of weakness in the regulation, and the Security Guarantee of E-Certificates Issued by the National Land Agency (BPN) as a Form of Land Rights Ownership, namely the Issuance of e-Certificates by BPN brings many advantages in terms of security, efficiency, and transparency in the management of land rights in Indonesia. This secure and technology-based system provides assurance to the community that their land ownership rights are protected and clearly recorded in a legitimate system, reducing the potential for conflict and increasing ease in managing land rights.
Problems with Determining the Location of Land Objects Which Result in Differences in the Coordinate Points of Land Objects Listed on Land Certificates in Kendal Regency Wahaningrum, Inti Rizki
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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Abstract

Land ownership should be registered in order to obtain a certificate of proof of rights which can provide certainty and legal protection for the owner. Problems with the location of land objects being different from the coordinates stated on the certificate are caused by procedural errors in data collection, natural events and limitations in the level of accuracy of tools for taking coordinates. The solution to the problem of discrepancies in the location of land objects with the coordinates stated on the Certificate is through an objection mechanism by interested parties, which will then be re-examined on the land object and clarification will then be made to make a report on the correction. When the Certificate has been issued, the old certificate will be withdrawn and canceled and a new certificate issued.
Efforts to Resolve Rental Disputes Renting Market Land Rent Back (Supreme Court Cassavior Decision) Manullang, Zulkifli; Tri Bawono, Bambang
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. The purpose of this study is to determine and analyze the form of the lease agreement for the Gladak Market land that is being re-leased which can protect the interests of the parties and to determine and analyze the settlement of the lease dispute for the Gladak Market land including the yard and yard that are re-leased by the tenant. This type of research is normative legal research. The approach method in this study is the case approach (case approach). The type and source of data in this study are secondary data. Secondary data is data obtained by researchers from the literature which is the result of research. The data analysis method used is qualitative data analysis, meaning that in writing the thesis it only contains descriptions and does not use statistical data and mathematical figures. As a way to draw conclusions from the results of the research that have been collected, the normative-qualitative normative analysis method will be used, because this study is based on existing regulations as positive legal norms. The results of the study indicate that legally the form of a written lease agreement has a stronger legal basis, especially if a dispute occurs, because the parties can use the written agreement as a basis for resolving disputes that have a strong legal basis. And for the purposes of evidence in court, the ideal form is an agreement made before an authorized official or notary, so that it can be an authentic deed. Keywords: Dispute; Existing; Regulations; Resolution.
Integration of Sharia Values in Notarial Practices in Muslim Wills Julianti, Gili; Listyawati, Peni Rinda
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 examine the integration of sharia values in notarial practices in making wills for Muslim testators, with an emphasis on Article 939 of the Civil Code as the entry point for harmonization of national law and Islamic law. The research method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that although Article 939 of the Civil Code regulates secret wills formally, its interpretation space allows notaries to consider the provisions of Islamic law, particularly in limiting parts of the will and determining the beneficiaries of the will according to the Compilation of Islamic Law. This integration is in line with the principles of maqāṣid al-syarī'ah and substantive justice, and strengthens the role of notaries in preventing inheritance disputes in the future.Keywords: Article 939 Of The Civil Code; Muslim Will; Notary; Sharia Values; Substantive Justice.
Effectiveness of Land Registration for Former Customary Land Rights in Temanggung Regency Lestari, Leli Uji; Widayati, Widayati
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 effectiveness of the implementation of land registration for former customary land ownership in Temanggung Regency. 2) Obstacles and solutions in the implementation of land registration for former customary land ownership in Temanggung Regency. This type of research is non-doctrinal research. The approach method in this study is a sociological juridical approach. The types of data in this study are primary data and secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses interviews and literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The effectiveness of the implementation of land registration for former customary land ownership in Temanggung Regency has been running quite well because it is supported by a clear legal basis in the UUPA, the implementation of structured registration stages by the Land Office, and government programs such as PTSL and LARASITA which facilitate public access. Public participation in registration shows positive acceptance, although it is still influenced by the level of understanding of local law and culture, so that its effectiveness is gradual and not yet fully evenly distributed throughout the region. Based on Soerjono Soekanto's theory of legal effectiveness, the effectiveness of land registration of former customary land rights in Temanggung is influenced by five factors, namely: legal substance in the form of UUPA and its implementing regulations which serve as a normative basis, law enforcement structure through the active role of the Land Office and village officials, facilities and infrastructure in the form of PTSL and LARASITA programs, community factors with a level of legal awareness that is starting to increase although not evenly distributed, and cultural factors that indicate a shift from customary law to a more orderly national law. 2) Obstacles in the implementation of land registration of former customary land rights in Temanggung Regency are normative obstacles related to proving rights to customary land, structural obstacles in the form of limited human resources and institutional coordination, technical obstacles in land measurement and boundaries, cultural obstacles in the form of low legal awareness of the community, and economic obstacles in registration costs. The solutions taken include strengthening regulations, increasing the capacity of apparatus, utilizing digital technology, increasing legal awareness of the community, and providing registration fee subsidies. Keywords: Effectiveness; Former Customary Land Rights; Land Registration.
The Formulation of PPAT Legal Accountability in Issuance of Purchase Deeds Robiatun Nasekah, Dwi
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 purpose of this study is to find out what factors cause the sale and purchase deed to be null and void and how the PPAT's responsibility for the sale and purchase deed is null and void. This study uses a normative juridical approach. Primary and secondary data collection was obtained by interview and literature study, then analyzed using qualitative analysis methods. Analysis on the study of decision No.32/Pdt-G/2011/PN-BNA, the sale and purchase agreement was canceled because the plaintiff's deceased wife sold the land object without the consent of the plaintiff as her husband. Referring to the sound of Article 1320 of the Civil Code regarding the legal requirements of an agreement. Where in this case there is no agreement between the land owner, namely the husband and wife as the holders of legal land rights to the buyer. Regarding the cancellation of the Sale and Purchase Deed in the said decision, the PPAT is subject to administrative responsibility as explained in Article 62 PP Number 24 of 1997, without reducing the possibility of being sued for compensation by parties who suffer losses resulting from neglect of these provisions. The future PPAT accountability formulation refers to Wet Van 25 Ventose Jaar Xi Op Het Notarisambt above. As reads in Art 96 and 97 Wet Van 25 Ventose Jaar Xi Op Het Notarisambt explains that the responsibility of a notary/PPAT can be held criminally and administratively accountable together. For PPATs, PPATs should be even more active in studying the notarial law and all related regulations, because regulatory laws are always changing and may increase. In addition, it is hoped that people who will carry out a land sale and purchase transaction can comply with the principle of truth and cash in executing the deed of sale and purchase. If the land to be purchased is joint property, then the husband and wife must agree, not just one.Keyword: Dispute; Land; Transfer.
The Position of the Deed of Sale and Purchase Made by the Land Deed Official for Children Under the Guardianship Based on Court Determination Ridwan, Muhammad Hidayat; Bawono, Bambang Tri
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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The aim of this research is to find out and analyze the position of the PPAT deed for children who are not yet legally competent, who are authorized to the guardian based on a court decision and the legal consequences of the position of the PPAT deed for children who are not yet legally competent, who are authorized to the guardian based on a court decision. The research method used is normative juridical, namely an approach that uses a positivist legislative concept which states that law is identical to written norms, so this research is closely related to libraries because it will require secondary data in libraries. Based on the results of the research and discussion, it was concluded that. The Position of the Sale and Purchase Deed Made by the Land Deed Official (PPAT) for Children Under the Guardian's Care Based on Court Determination. The PPAT Deed serves as a means of proof in the form of an authentic deed, in order to provide guarantees, protection and fair legal certainty as well as equal treatment before the law, regarding certain circumstances, events or legal acts. This is in line with the progressive legal theory put forward by Sajipto Raharjo. Legal consequences of a Sale and Purchase Deed made by a Land Deed Official (PPAT) on children under the guardianship of a guardian based on a court decision. By making an authentic deed as evidence in the legal action, then the parties can be more aware of the consequences of their actions so that the interests concerned receive reasonable legal protection. Legal actions that result in the transfer of rights from one legal subject to another legal subject, thereby causing the loss of authority over the land. In this way, PPAT is in line with the theory of the workings of law put forward by William Chamblliss and Robert B Saidman. Keywords: Competent; Court; Land.

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