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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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Legal Consequences of Notarial Deeds Regarding Negligence in Typing Errors in Notarial Deeds Mu’alimah, Nurul; Alia Maerani, Ira
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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Abstract

Notaries must be guided by divine values, human values, justice values, ethical values (adab), unity values, people's values, deliberative values, national values, and other values that are upheld by the Indonesian people. The public places great trust in Notaries. However, Notaries are ordinary people who can make mistakes. One of the errors that can occur is a typo in the Notary's deed. Mistakes and negligence made by the Notary when carrying out his duties can have an impact on the deed he makes. The purpose of this research is to find out: 1) The legal consequences of a deed that has typographical errors in the deed made by the Notary. 2) Efforts taken if a typo occurs. 3) The Notary's responsibility in making the deed if a typographical error occurs. The approach method in this research is sociological juridical. The results of the research concluded: 1) The legal consequences if a Notary makes a typing error in his or her deed due to negligence or lack of care alone can result in civil and administrative sanctions. 2) Typical errors in notarial deeds can be substantive or non-substantive. A non-substantive typographical error means that the error does not cause a significant difference in meaning in the substance of the deed or even if there is a difference in the meaning of words, but in the context of the sentence it cannot be interpreted differently from what is actually intended, including errors in spelling. 3) Article 51 UUJN gives the Notary the authority to correct written errors or typographical errors contained in the Minutes of the signed deed. Keywords: Deed; Error; Notarial; Typing.
Obligations and Responsibilities of Notaries in Providing Social Services to The Community as Public Officials Atmoko, Dwi; Sri Darmadi, Nanang
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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Abstract

At present, where economic development is increasingly rapid and supported by increasingly developing technology and the increasingly dense population in Indonesia, this country has various and varied problems. Likewise with its diverse society where in reality the economic gap between the able and the unable has its own burden for the person concerned and also the state. In its journey, especially for those who are unable, of course, they also need a notary in achieving their desires, especially regarding the certainty and validity of a letter regarding their assets or related to certain agreements. The role of a notary is needed in society, especially for those who are unable to get their desires for free as mandated in the Notary Law (UUJN) Article 37 paragraph (1) which states that "requires a notary to provide legal services in the notary field free of charge for those who are unable". However, in reality, many notaries do not implement or obey and are trustworthy of the law, which of course is not a good thing. In writing this scientific paper, the author uses a normative legal research method supported by a legislative and historical approach to the formation of notaries and the regulatory norms that surround them. This is done to analyze and see how effective the regulations are for notaries in implementing their functions and performance in providing services to the general public, especially the less fortunate. Notaries in their rights and obligations tend to help people who are able due to economic needs. The honesty and integrity of a notary are questioned in helping people who are unable, where this of course makes it seem as if the notary profession is a profession that is intended for certain people only in this case for people who are able and seem exclusive.
Implementation of Notary Code of Ethics in an Effort to Uphold the Position of Notary in Grobogan Regency Dyantama, Giovanni Resha
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

A Notary is not free from sanctions if they violate the applicable laws and regulations. When a Notary in carrying out his duties and positions is proven to have committed a violation, the Notary can be subject to or sentenced to sanctions in the form of civil, administrative, and Notary code of ethics and even criminal sanctions. The purpose of this study is to determine and analyze the role of the notary code of ethics in an effort to uphold the position of notary in Grobogan Regency and to determine and analyze what obstacles and solutions are faced by notaries in implementing the notary code of ethics in Grobogan Regency. The type of research used is empirical law. The approach method used in this legal research is the Statute Approach. The type of data uses primary data obtained from literature studies. The data analysis method used in this study is descriptive analytical. The problems of this study were studied using Role Theory, Legal Certainty Theory, and Legal Effectiveness Theory. Based on the conclusion of the research results, the role of the notary code of ethics in an effort to uphold the position of notary in Grobogan Regency is that the role of the notary profession is very important in legal traffic, especially in the field of civil law, along with the development of the era that requires anyone including notaries to develop themselves by being creative and innovative by using existing technology. Government policy in terms of integrated service processes is something that needs to be fully supported by the notary profession, in order to create a simple, fast, easy and cheap business process. The obstacles and solutions faced by notaries in implementing the notary code of ethics in Grobogan Regency are in the process of resolving violations of the notary code of ethics in Grobogan Regency, namely the very large number of notaries, with a wide working area, lack of awareness of notaries to comply with the code of ethics, and the provisions obtained by notaries are not sufficient during education, and there is still overlapping of the provisions for supervising the code of ethics between the Honorary Council and the Notary Supervisory Board. Meanwhile, for the Supervisory Board, namely the unavailability of a representative secretariat, lack of budget funds to carry out optimal supervision and coaching, lack of government attention/concern, and weak morals/behavior of Notaries in implementing the UUJN and the Notary Code of Ethics.
Legal Protection of Consortium Agreement Deeds by Notaries in Infrastructure Projects in Indonesia Kurnianto, Baputera; Shallman, Shallman
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

Abstract. Indonesia, as a developing country with increasing economic growth, requires adequate infrastructure development to support progress in various sectors, such as transportation, energy, telecommunications, and others. Various infrastructure development efforts are funded and implemented by various projects involving consortia. However, in practice, the implementation of infrastructure projects involving consortia often encounters obstacles in the matter of legal protection of the consortium agreement itself. Therefore, this study aims to identify the form of legal protection of the consortium agreement deed by a notary in infrastructure projects in Indonesia. The research method used is a qualitative approach with a descriptive analytical research type, which aims to obtain data in depth and analyze it comprehensively. Data were obtained through literature studies and interviews with related parties, including notaries, business actors, and legal experts. The results of the study indicate that the deed of consortium agreement prepared by a notary has binding legal force, but there are several challenges related to the lack of supervision of notary practices and the ambiguity in several clauses of the agreement that can cause disputes.Keywords: Agreement; Consortium; Legal; Protection.
Legal Implications of Notarial Deed Signing Reading Not Carried Out Simultaneously by the Parties Before a Notary Public PPAT Kusuma Putra, Erico Setyawan; Shallman, Shallman
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

Abstract. The form and procedures stipulated by Law No. 2 of 2014 concerning the Position of Notary and Regulation Order 24 of 2016 concerning the Land Deed Making Official are clear, however, there is a Reading and Signing of Notarial Deeds that are not carried out simultaneously by the Parties in the presence of the Notary and the Land Deed Making Official, so the author would like to describe the Legal Implications in the Reading and Signing of Notarial Deeds that are not carried out simultaneously by the Parties in the presence of the Notary and the Land Deed Making Official and their Responsibilities. The writing method uses a normative legal approach in order to obtain the conclusion that the Notary Position Law, Government Regulation concerning the Land Deed Making Official and other regulations have regulated it well, both implicitly and explicitly. Thus, the results of the discussion obtained are as follows: (1) Authentic Deeds are closely related to the obligations and sanctions given to Notaries. Notaries are authorized to make authentic deeds as regulated in Article 15 of Law No. 2 of 2014 concerning the Position of Notaries. Notaries in carrying out their authority have obligations that must be carried out as regulated in Article 16 paragraph (1) letter I and paragraph (8). Where if it is not fulfilled, its authenticity will be lost unless there is an obstacle in accordance with Article 44 paragraph (1) while in the Regulation of Order 24 of 2016 concerning Land Deed Making Officials, the authority is contained in Article 2 which has obligations that must be carried out in accordance with Article 22. The legal implication is that it can be canceled or null and void by law because it does not meet the subjective requirements in the form of an agreement between the parties and the objective requirements in the form of a lawful cause. In addition, the making of a deed which contains a procedure that is not in accordance with the making of the deed results in the deed being formally defective (2)if provencan be dismissed dishonorably for not carrying out his duties and position properly.and civil and criminal sanctions may be imposed depending on how much the negligence causes losses to the parties.Keywords: Land Titles Registrar; Notary Public; Reading and Signing.
Actio Pauliana in Bankruptcy Cases Related to The Provision of Credit Facilities with Fiduciary Guarantees (Case Study of Decision Number 17/Pdt.Sus-Actio Pauliana/2023/PN. Niaga.Smg. Jo. No.20/Pdt.Sus.Pailit/2022/PN Niaga Smg.) Santa, Bagus Ariyanto; Darmadi, Nanang Sri
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

Abstract. Actio pauliana is a right granted by law to submit a request to the court to cancel all legal actions that are not required to be carried out by the debtor against his assets which the debtor knows that the legal action is detrimental to the creditor, but of course the holder of the liquidus guarantee also has the right to be prioritized when the debtor is declared bankrupt. The type of research in this study is a normative juridical approach method with research data sources using secondary data. The approach method in this study is a statute approach. Data collection techniques use literature studies in journals, books and digital documents. Data analysis techniques used in this study use prescriptive methods. Problems are analyzed using legal protection theory and legal certainty theory. The results of this study indicate that legal protection for fiduciary guarantee holders when a debtor is declared bankrupt is that the guarantee holders of objects have the right to sell the collateral themselves. They seem not to interfere in bankruptcy matters. Take what is their right from the sales income as payment of their receivables, and if there is still a remainder, this remainder is handed over to the inheritance hall. And the judge's consideration in handing down the decision Number 17 / Pdt.Sus-Actio Pauliana / 2023 / PN. Niaga. Smg. Jo. No. 20 / Pdt.Sus.Pailit / 2022 / PN Niaga Smg. which stated that it rejected the Plaintiffs' lawsuit in its entirety because the actions of Defendant I were an exercise of his right to close/pay off his receivables received from the debtor PT Mitra Bersama Realty incasu Abdul Haris (as director), therefore the actions of the debtor PT Mitra Bersama Realty incasu Abdul Haris (as director) and Defendant I were in order to fulfill their respective obligations arising from the agreement, therefore they did not meet the requirements for an actio pauliana lawsuit. Keywords: Actio Pauliana; Bankruptcy; Fiduciary Guarantee. 
The Implementation of Individual Waqf to Foundations for Land Management Rights (HPL) Astuti, Sera
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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Abstract

This research aims to know and analyze the implementation of Waqf from private individuals to Educational Foundations on Land Management Rights (HPL). The method used in this research is Sociological juridical, namely a research approach that studies the influence of society on, the extent to which the symptoms that exist in society can influence and vice versa. Sociological juridical research uses secondary data as initial data, which is then followed by primary data or field data, meaning besides seeing Act No. 41 of 2004 concerning Waqf, researchers also saw directly what happened in the field or field research. The types and sources of data that the authors used in this study used primary data that the authors collected directly through interviews as primary data and supported by secondary data. includes laws and regulations books, articles, journals, from the results of the author's research it is possible to carry out personal Waqf to educational foundations on land with management of Land Management Rights (HPL) managed by the Batam Concession Agency (BP) Waqf Land Objects on Land with Management Rights with the type of Building Use Rights (HGB), as well as Usage Rights (HP) can be given a Waqf Rights Period within a certain period of time until the HGB or Rights Use ends or forever with the condition of obtaining written permission / release from the HPL holderKeywords: Implementation; Land; Management; Waqf.
Responsibilities And Werda Notary's Legal Protection for Deeds He Made While Still Serving as a Notary Al Majid, Muchammad Bachtiar; Hafidz, Jawade
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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Abstract

Responsibility and legal protection in the UUJN only regulates "notaries who are still in office", not "notaries whose term of office has ended". This research aims to determine the responsibilities of retired notaries regarding deeds made while still in office and their form. legal protection for retired notaries for deeds made while still in office. The research method in this study uses a normative juridical approach, research specifications use descriptive analysis, data sources and data collection techniques use secondary data taken through literature study and data analysis uses qualitative analysis. The results of the research show that a retired notary remains responsible for deeds made while still in office until he dies. Meanwhile, the form of legal protection for retired Notaries is contained in the Memorandum of Understanding between the Indonesian National Police and INI number: 01/MOU/PPINI/V/2006 and in Article 66 UUJN. This article means that legal protection applies to notaries who are still serving and those who have retired. Because the responsibility of a notary is lifelong, the legal protection for notaries in Article 66 UUJN also applies until the notary dies. Keywords: Notary; Protection; Responsibility; Werda.
Legal Protection for the Confidentiality of Taxpayer Data in the Validation Process via E-PHTB Notary/PPAT Supriyanti, Nadila Marta; Hafidz, Jawade
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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The Role of Notaries in Public Company Share Transactions In the Capital Market of the Indonesia Stock Exchange Prasetyo, Seno; 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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Abstract

This study aims to analyze: 1) The role of notaries in stock transactions of public companies in the Capital Market of the Indonesia Stock Exchange. 2) Obstacles faced by notaries in ensuring the validity and legal certainty of stock transactions in the capital market. This type of research is included in the scope of empirical legal research. The approach method in this study is a sociological legal approach. The types and sources of data in this study are primary and secondary data obtained through interviews and literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The role of notaries in stock transactions of public companies in the Capital Market of the Indonesia Stock Exchange based on Article 15 paragraph (1) of Law Number 2 of 2014 concerning the Position of Notaries (UUJN), notaries are tasked with making authentic deeds required by laws and regulations, including in the Initial Public Offering (IPO) process and stock transactions. In addition, in accordance with Article 64 paragraph (1) of Law Number 8 of 1995 concerning Capital Markets, as amended by Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (PPSK Law), notaries are recognized as a supporting profession for the capital market. In this capacity, notaries play a role in helping to prepare and ratify important legal documents, such as changes to the company's articles of association, minutes of the General Meeting of Shareholders (GMS), and share sale and purchase agreements, which are the legal basis for transactions on the IDX. 2) Obstacles faced by notaries in ensuring the validity and legal certainty of stock transactions in the capital market, such as inaccurate or incomplete data and documents, issuers' ignorance of regulations, rapid regulatory changes, the complexity of capital market transactions, limited access to digital information, and potential inconsistencies between national law and international practices. To overcome these challenges, solutions are needed such as better data validation, education for issuers, improving notary competency, collaboration with related parties, development of an integrated digital system, and alignment of national regulations with international standards. Thus, notaries can carry out their role optimally to create legality and legal certainty in capital market transactions.

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