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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 Protection for Buyers in Land Sale and Purchase Agreements Underhand Where the Seller Commits Default During the Certificate Transfer Process Abdulah, Taufik
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

The purpose of this study is to determine and analyze legal protection for buyers in land sale and purchase agreements underhand where the seller commits default during the certificate transfer process. To determine and analyze the obstacles for buyers in land sale and purchase agreements underhand where the seller commits default during the certificate transfer process and their solutions. The approach method used by the researcher is the case approach and the statutory regulatory approach. The type of research used is normative law. The data sources in this study are secondary data obtained from literature studies. Based on the results of the study, Legal Protection for Buyers in Land Sale and Purchase Agreements Underhand Where the Seller Commits Default During the Certificate Transfer Process. Repressively, namely with evidence of the agreement. This is regulated in Article 1866 of the Civil Code, and is emphasized in Article 1874 of the Civil Code which states that evidence can be a writing made underhand. Regarding the problem of buying and selling land underhand, a settlement can be made through litigation or non-litigation. Preventively, protection for buyers in implementing a land sale and purchase agreement is carried out with requirements and requests for irrevocable power of attorney. The obstacle is because when the buyer wants to carry out the name change process and look for the seller, it turns out that he is not found at his residence. The solution is, because the seller's whereabouts are not found, the buyer decides to file a lawsuit in the District Court.
The Role of Notaries in Realizing Effective Implementation Electronic Deed Registration in Tegal Regency Rahmawati, Desy Tri; Darmadi, Nanang Sri
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 and understand the implementation of the role of Notaries to find out and analyze the problems in the implementation of electronic deed registration in Tegal Regency and to find out and analyze the role of Notaries in realizing the effectiveness of the implementation of electronic deed registration in Tegal Regency. The type of research used in this study is a type of sociological or empirical legal research that includes legal identification and legal effectiveness, empirical legal research is legal research where data is obtained through primary legal data or data obtained directly in the community. The approach method used is a qualitative method. type of sociological or empirical legal research that includes legal identification and legal effectiveness. This research was conducted with a field study, the author used the interview method (interview). Based on the research conducted, it can be seen that the implementation of electronic HT deed registration in Tegal Regency has not been running effectively, this is indicated by the small number of HT Deeds registered electronically in Tegal Regency. The weaknesses that resulted in the creation of electronic HT deeds in Tegal Regency not yet running due to the fact that in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 5 of 2020 concerning Mortgage Rights Services there is an issue of the authority of Notaries/PPAT which is only limited to making APHT, sociologically the weaknesses are in the form of issues of change time related to errors in old electronic HT registration data when making new electronic HT deeds, the existence of Article 22 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning Head of the National Land Agency Number 9 of 2019 concerning Integrated Electronic Mortgage Rights Services regarding the provision of user names and passwords to other parties can potentially commit legal violations that can harm the HT owner, network maintenance that often makes electronic HT registration problematic or in other words the system often errors making it difficult for the party registering the Electronic HT deed, not all parties have internet facilities and computer devices, for example in remote areas in Indonesia.Keywords: Effectiveness; Electronic; Notary.
The Validity of Land Ownership Granted by Fellow Indonesian Citizens Based on a Name-Loan Agreement (Case Study at the Sharia Savings and Loans Cooperative and Financing Baitul Maal Wat Tamwil Dinar Rahmat Insani Muamalat, Tegal Regency) Ani, Nafa; Witasari, Aryani
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 research aims to analyze the legal validity of land ownership based on nominee agreements between Indonesian citizens, with a case study at KSPS BMT DRI Muamalat in Tegal Regency. Nominee agreements, although not explicitly regulated in the Indonesian Civil Code (KUHPerdata), are commonly practiced to circumvent legal restrictions on land ownership. This study uses a normative juridical approach with descriptive-analytical specifications. Data were collected through literature studies and interviews, then analyzed qualitatively. The findings show that nominee agreements may lead to legal uncertainty and violate the principle of good faith, especially when used to conceal actual ownership. Notaries involved in such agreements remain responsible for ensuring that the legal documents they prepare comply with prevailing laws and do not facilitate unlawful arrangements. 
Analysis of Legal Protection of Buyers Against Breach of Performance in The Deed of Sale of Land Pledge at The People's Credit Bank Meirizka, Feronika Ardella; Adillah, Siti Ummu
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 deed of sale and purchase can be considered the initial step towards the execution of a land rights sale and purchase agreement. Based on Article 1457 of the Civil Code, the creation of a deed of land sale and purchase does not require full payment as long as both parties agree. However, this often leads to legal issues later, including in cases where the seller is in default. The problem that will be discussed in this thesis is how the legal protection for buyers in the event of default in the sale and purchase agreement of land pledged at PT. Bank Perkreditan Rakyat Arthanugraha Makmursejahtera. What are the legal consequences of default in the sale and purchase agreement of land pledged at PT. Bank Perkreditan Rakyat Arthanugraha Makmursejahtera. What is the basis of the legal considerations of the Panel of Judges in the case of default on the Sale and Purchase Agreement made by the Notary for the land pledged at PT. Bank Perkreditan Rakyat Arthanugraha Makmursejahtera. This research is descriptive analysis and the research material is obtained using a normative juridical approach. The data collection technique used is a literature study. The collected data is then analyzed using a qualitative method supported by deductive logical thinking. Based on the research that has been conducted, it can be concluded that, the choice of resolution in the problems and solutions to joint property disputesThis sale and purchase agreement carried out by Mr. Abdul Khoir as the Buyer/Plaintiff against Mr. Masno bin Pardi as the Seller/Defendant is valid according to the applicable laws and regulations, because it fulfills the requirements for a valid agreement according to Article 1320 of the Civil Code.. The existence of the Deed of Sale and Purchase Agreement Number: 20 dated April 28, 2023 made before a Notary is legally valid. If any party has committed a breach of contract against the authentic deed, it must first be declared void by the Court, thus causing an error and leading to the cancellation of the deed. The Panel of Judges in providing legal considerations on case Number: 49/Pdt.G/2023/PN.Pwd was not careful and wrong and did not reflect a sense of justice for the community in seeking justice, especially for the Buyer/Plaintiff who clearly the Seller/Defendant had committed a breach of contract againstDeed of Sale and Purchase Agreement Number 20 dated April 28, 2023 made before a Notary. Keywords: Default; Land Sale and Purchase Deed; Legal Protection for Buyers.
The Notary Legal Protection in Criminal Cases Related to Authentic Fiduciary Deeds Adillah, Mokhamad Hussain
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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Criminal cases related to authentic fiduciary deed can position the notary as a witness, suspect and even the accused which shows that the notary has no legal immunity. This research is about Legal Protection of Notaries in Criminal Cases Related to Authentic Fiduciary Deeds, which aims to find out and analyze the position of notaries in criminal cases related to the fiduciary deed they made and their legal protection. This study uses a sociological juridical approach. Data collection was carried out through interviews and literature study. Data analysis was carried out in a qualitative descriptive manner. This research shows that a notary in a criminal case related to a fiduciary deed he made can serve as a witness or perpetrator of a crime as stipulated in Article 35 of Act No. 42/1999 concerning Fiduciary Guarantees.participating in criminal acts (Article 55 of the Criminal Code), assisting perpetrators in committing crimes (Article 231 of the Criminal Code), making fake letters (Article 263 of the Criminal Code), providing false statements in authentic deeds (Article 266 of the Criminal Code), embezzlement (Article 372 of the Criminal Code), and fraud (Article 378 of the Criminal Code) which causes harm to other parties, the notary can be held criminally responsible.Legal protection for notaries in criminal cases related to the fiduciary deed he made namelyafter the issuance of the Constitutional Court decision No. 49/PUU-X/2012 namely the summons of a notary through the Notary Honorary Council according to Article 66 UUJN. In addition, notaries still receive protection from the rights and obligations of notary disobeying as referred to in Article 1909 paragraph (3) of the Civil Code and Article 322 of the Criminal Code. Keywords: Criminal; Fiduciary; Protection.
Juridical Review of the Effectiveness of Implementing Internships for Extraordinary Members to Produce Professional Notaries Oktavianto, Heri; 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

Carrying out internships for Notaries is very important, this is to improve the skills of notary candidates, however in reality the awareness of Notary candidates has not been carried out effectively, this is due to the practicism of Notary candidates who want to start practicing freshly so it is not uncommon for internships to be carried out not on time determined by existing regulations. The method in this writing is analytical descriptive. Based on the study carried out, it can be understood that the effectiveness of implementing internships for Extraordinary Members in producing professional notaries in Semarang City is currently not being able to be realized well, this is shown by the majority of Extraordinary Members who have a statement letter that they have done an internship but in reality have not done so. The internship position for Extraordinary Members to become Notaries based on Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of Notaries is very important, this is in accordance with Article 2 of the Indonesian Notary Association Regulation Number: 24/Perkum/Ini/ 2021 About Internships. Keywords: Effectiveness; Internship; Juridical; Notary.
Legal Certainty in the Implementation of Grant Land Deed to Grandchildren (Study of Decision Number: 357/PDT/2023/PT BDG.) Budiarto, Rio
TABELLIUS: Journal of Law Vol 2, No 3 (2024): September 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Land is a natural resource that is important for human life, both as a place to live and as a source of economic welfare. In Indonesia, the strategic role of land is regulated in Article 33 paragraph (3) of the 1945 Constitution which emphasizes that natural resources are controlled by the state for the prosperity of the people. However, not all individuals, such as minors, are considered capable of carrying out legal acts related to land ownership. Grants, as one way of transferring land ownership, are regulated in Article 1666 of the Civil Code, which states that grants are free gifts made while the grantor is still alive and must go through a notarial deed. This study examines a land grant dispute case in Cirebon Regency, where land was granted to a minor but was later sued by his grandmother who claimed ownership of the land with evidence of a receipt. This study raises two problem formulations: (1) the considerations of the Panel of Judges in deciding on the grant of a land deed to a grandchild, and (2) legal provisions related to the status of minors as recipients of grants. The research method uses a normative legal approach with secondary data analysis involving primary, secondary, and tertiary legal materials. The results of the study indicate that the decision of the Bandung High Court to annul the decision of the Sumber District Court was correct, upholding legal certainty and justice. In addition, minors do not have full legal capacity to receive land grants directly, so they require the consent of a legal guardian or parent. This regulation aims to protect children's rights and ensure that land management is carried out properly in accordance with applicable legal principles.
The Juridical Implications for the Implementation of Therapeutic Agreements Between Hospitals and Patients in the Concept of Legal Certainty Ginsyah, Ginsyah
TABELLIUS: Journal of Law Vol 2, No 1 (2024): March 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A doctor is someone who is an expert in disease and treatment and can provide health services to patients. For this reason, patients can contact doctors through medical centers, hospitals and independent practice doctors. In health services between doctors and patients, there is an oral agreement called a therapeutic agreement as a source of legal relations and in writing it regulates in detail and systematically the legal relationship that arises between doctors and patients in therapeutic agreements, the implementation of therapeutic agreements between independent practicing doctors and patients, and responsibilities. the doctor's law against the patient in the implementation of the therapeutic agreement. This research is sociological juridical legal research which is supported by empirical research with descriptive research type. The problem approach used is a qualitative approach. The results of the research and discussion show that the legal relationship between independent practicing doctors and patients is a contractual relationship which in the field of health services is known as a therapeutic agreement between the patient and the hospital. A therapeutic agreement is an agreement to perform certain services (Article 1601 of the Civil Code) and is a type of inspanningverbintenis agreement. namely an agreement based on the doctor's maximum efforts to cure the patient's illness. This relationship is binding because there are rights and obligations of the doctor and patient which are realized in the implementation of the therapeutic agreement. The therapeutic agreement begins when the patient comes to the doctor's office. The patient can be held responsible for the doctor's actions that cause harm to the patient. This liability can be in the form of responsibility due to breach of contract or responsibility due to unlawful acts.
Problematics of Legal Kincrease in The Sale Value of Taxable Objects - Land and Building Tax (NJOP-PBB) on The Process of Transfer of Land Rights at The Office of The Land Deed Official in Blora Regency Mar’ah, Nurul; Purnawan, Amin
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 impact of the increase in the Taxable Object Sales Value - Land and Building Tax (NJOP - PBB) on the process of transferring land rights at the Notary's Office - Land Deed Making Official (PPAT), to determine the obstacles and efforts made related to the increase in the Taxable Object Sales Value - Land and Building Tax (NJOP - PBB) on the process of transferring land rights at the Notary's Office - Land Deed Making Official (PPAT). The approach method in this study is the sociological juridical approach, namely an approach that emphasizes research that aims to obtain legal knowledge empirically by going directly to the object. The data used are primary and secondary data obtained through interviews and literature studies, while the data analysis method is carried out by qualitative analysis. The results of the study concluded that the Increase in the Taxable Object Sales Value - Land and Building Tax (NJOP - PBB) certainly affects the process of transferring land rights, because it is not uncommon for the transaction value submitted by taxpayers to be considered inappropriate by tax officers, so it is not uncommon for tax officers in the verification / validation process, to request that the transaction value be changed and adjusted according to the tax officer's assessment. The tax value that must be paid is very high, the taxable object sales value (NJOP) also always increases every year so that with the increasing taxable object sales value (NJOP), the tax that must be paid is the estimated value determined by the Regional Revenue, Financial Management and Asset Agency (BPPKAD) Office exceeds the original sale and purchase value so that the applicants feel very reluctant, so the local government must take concrete steps and appropriate solutions related to future policies.Keywords: Problems; Njop-PBB; PPAT.
Implementation of The Precautionary Principle In The Making of Land Deeds To Avoid This Occurrence Land Certificate Duplication In Ambon City Syafi'I, Muhammad Yusuf; Hasana, Dahniarti
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 examines the application of the precautionary principle by Land Deed Officials (PPAT) in making land deeds to prevent duplication of land certificates in Ambon City. Duplication of land certificates is a serious problem in Ambon City with 8 cases recorded in the last 14 years (2010-2023), although the number is smaller compared to big cities in Indonesia. This situation is exacerbated by several factors unique to Ambon City, namely the customary land ownership system (petuanan land/state land), the impact of the 1999 social conflict which caused many land documents to be damaged or lost, and weaknesses in land administration. The study used an empirical legal method with a statutory and conceptual approach. Data were obtained through interviews with PPAT and officials of the Ambon City Land Office, as well as documentation studies. The results of the study indicate that PPAT in Ambon City has implemented the principle of prudence through several steps: checking the identity and authority of the parties, checking the validity of land certificates, verifying supporting documents, coordinating with the Land Office and related agencies, providing legal counseling to the parties, and refusing to make a deed if there is an indication of incorrect data. Efforts to improve the effectiveness of the implementation of the precautionary principle include: increasing science and knowledge, modernizing the land service system, standardizing services and procedures, empowering professional organizations, strengthening law enforcement, and strengthening supervision and coaching mechanisms. Based on the SWOT analysis, increasing the effectiveness of the implementation of the precautionary principle of PPAT in Ambon City requires a comprehensive approach by utilizing existing strengths and opportunities, as well as overcoming weaknesses and anticipating threats.Keywords: Duplication of Certificates; Land Deed; Principle of Prudence; PPAT.

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