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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
Legal protection for interested parties in land sale and purchase deeds made by land deed officials who have died Nafiah, Ulin; Hafidz, Jawade
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

Land plays a fundamental role in human life and is a vital resource. The transfer of land rights, as a legal act, must be legally executed through an authentic deed drawn up before a Land Deed Official (PPAT). This authentic deed serves as strong evidence that guarantees legal certainty and protection for the parties involved in the transaction. However, problems arise when the PPAT who has drawn up the land sale and purchase deed dies before the administrative process or deed settlement is fully completed. This phenomenon creates a legal vacuum and potential vulnerability for interested parties in obtaining adequate legal protection. This study aims to analyze the forms of legal protection for interested parties in land sale and purchase deeds drawn up by deceased PPATs and examine regulations related to the responsibilities of the deceased PPAT's heirs. This study employed a normative juridical legal research method with a statute approach and a conceptual approach. Primary data sources included laws and regulations related to the position of PPAT and the Civil Code, while secondary data were obtained from legal literature, journals, and scientific works. Data analysis was conducted qualitatively by examining applicable regulations, doctrines, and theories of legal protection and legal certainty. The research findings indicate that regulations regarding Land Deed Officials (PPAT) who die and leave unfinished work, particularly regarding authentic deeds, are still less comprehensive than those for Notaries. A deceased PPAT requires his or her heirs to report and submit the PPAT protocol to a successor PPAT appointed by the National Land Agency. However, the lack of norms regarding the completion of unfinished deeds and the authority of the heirs in this regard creates legal uncertainty. Preventive legal protection for PPAT service users is realized through the preparation of valid authentic deeds, the provision of information, maximum service, and comprehensive legal protection. However, when a PPAT dies, this preventative protection is hampered. Repressive or reparative legal protection becomes crucial, including the submission of the protocol and the completion of the deed by the successor PPAT. Heirs have a moral and legal responsibility to facilitate this process, but lack the authority to prepare authentic deeds. The absence of clear sanctions for heirs who fail to submit the protocol is also problematic. Regulatory harmonization is needed to provide legal certainty and optimal protection for all parties.
Legal Consequences of the Responsibility of Land Deed Officials (PPAT) in Verifying Seller and Buyer Taxes for Transfer of Land Rights in Semarang Regency Alifati, Izta Aulia; Purnawan, Amin
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. This study aims to reveal the extent of the responsibility of the Land Deed Official (PPAT) in the context of the PPAT's accountability in verifying the seller's and buyer's taxes on the transfer of land rights, as well as the legal consequences of the PPAT's accountability in verifying the seller's and buyer's taxes on the transfer of land rights if the tax payment value differs from the selling price. This type of research is a sociological juridical legal research. The results show that the PPAT has a legal obligation to verify the accuracy of the Income Tax (PPh) and Land and Building Acquisition Fee (BPHTB) payment data before signing the deed of transfer of rights. If there is a difference in the value between the tax payment and the selling price, the PPAT remains administratively and morally responsible to ensure that the data is in accordance with the actual transaction. The legal consequences that arise can be the cancellation of the deed, administrative sanctions against the PPAT, or losses to the state due to potential reductions in tax revenue. Keywords: Land Deed Official; Legal Responsibility; Tax Verification; Transfer of Land Rights. 
The Strength of Proof of Notary Deeds Made Electronically in E-Commerce Transactions in the Indonesian Legal System Rohmaniah, Sanivatun; Adillah, Siti Ummu
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

The development of Information and Communication Technology has brought significant positive impacts in various fields of human life today. The various conveniences offered by the development of telecommunications have made it possible for human relations to take place quickly and easily without taking into account the aspects of space and time. Legal certainty can be achieved if there are no conflicting provisions between one law and another. Obstacles experienced in making Electronic Notary Deeds in e-commerce transactions, among others, in terms of legal substance, namely the absence of specific legal certainty that further regulates the application of information and communication technology in making Notary Deeds, in terms of legal structure, namely there is no structure good law, it will be an obstacle for a Notary to carry out his authority in making deeds electronically and in terms of legal culture, namely the development of existing technology, until now it has not been adapted to the legal culture of Indonesian society. The solution in proving the Notary Deed Electronically in E-Commerce Transactions is that when viewed from a juridical perspective, the actions that can be taken are to revise UUJN and ITE.Keywords: Commercial; Electronic; Verification.
The Juridical Analysis of the Process of Applying for Expired Building Use Rights in the Concept of Legal Certainty Kusumabrata, Dhandy Armanda; Bawono, Bambang Tri
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

This research aims to find out and analyze the legal status of a deed of sale and purchase of building use rights as a condition for extending the term of building use rights that have expired. The approach method in this research is the approach to Legislative Regulations. The research specifications are analytical descriptive, the data required includes secondary data taken using qualitative analysis methods. The data analysis method uses deductive logic based on research. It is concluded that the Sale and Purchase Agreement in the form of a Sale and Purchase Agreement (PPJB) made before a Notary is invalid because the seller does not have the right to carry out a PPJB on land that is already controlled by the State or in other words Building Use Rights. has expired, so the PPJB that was made is null and void by law. Keywords: Agreement; Building; Expired.
The Implementation of Complete Systematic Land Registration Program Winanda, Winanda
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

Proof of Ownership Land rights are important in the midst of the increasing need for land, registering land parcels so that there is legal certainty in the land parcels of the people who own them in order to avoid disputes and legal issues related to the legal status of the land parcels under their control. For the State, the Complete Systematic Land Registration Program makes it easier for the government to organize cities. This study aims to find out how the implementation of the Complete Systematic Land Registration Program in the City of Cirebon and to determine the role of the Village/Village in Supporting the Implementation of the Land Registration Program in the City of Cirebon. The approach used in this study uses a sociological juridical approach, with a research specification that is analytical descriptive. The data used are primary and secondary data, where primary data is obtained by means of interviews and secondary data by way of literature study. The data analyzed was carried out qualitatively. Based on the research, it was concluded that the Implementation of the Complete Systematic Land Registration Program in the City of Cirebon went according to the stages in its implementation, starting from the planning and preparation, counseling and outreach stages starting from the Village/Village level as the smallest government that directly deals with the community and the factors that impede the Village/Village Government to support the smooth running of government programs. Conclusions and suggestions as a solution to the problem are sanctions imposed on each related agency that does not support programs that aim to prosper the community.Keywords: Implementation; Land; Ownership.
The Legal Position of Marriage Agreement Deeds Made by Notaries in Mixed Marriages Rahmawati, Januar; Peni Rinda Listyawati, Peni
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

Abstract. This research aims to determine and analyze the legal position of marriage agreement deeds made by notaries in mixed marriages. This legal act of mixed marriage will certainly give rise to legal consequences, namely that joint property will arise, and further problems will arise because foreign citizens cannot have property rights. For this reason, there is a law that regulates marriage agreements to provide legal protection for the parties. This research aims to determine the legal position of marriage agreement deeds made by notaries in mixed marriages and the legal consequences of marriage agreement deeds made by notaries in mixed marriages. To find out and analyze the position of marriage agreement deeds made by notaries in mixed marriages. The research method uses a sociological juridical approach, the type of research is qualitative, the data source uses primary data and secondary data, the data collection method for primary data is carried out by interviews, while secondary data uses library research, which is then analyzed descriptively qualitatively. The results of this research show that the legal position of marriage agreement deeds in mixed marriages is as a legal subject for Indonesian citizens and foreign citizens who have the same legal position, namely providing legal protection for the parties. According to the current law, the time for making a marriage agreement can be done before the marriage takes place, during the marriage or after the marriage takes place after the Constitutional Court decision number 69/PUU-Xlll/2015 and the marriage agreement executed by the parties before a notary binds the rights and obligations of the parties. The legal consequence of a marriage agreement deed made by a notary in mixed marriages is that they both have laws that bind the parties and provide legal certainty and protection for the parties. Keywords: Agreement; Marriage; Mixed.
Problems with the Implementation of Cyber Notary in Carrying Out the Duties of Notary Positions in Indonesia Sujanoko, Guntur
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

This research aims to analyze: 1) The effectiveness of the application of cyber notary in carrying out the duties of a notary position, namely that the application of notary authority can be completed quite quickly and saves time, the application of transactions, namely the preparation of deeds or agreements is limited to electronic documents but all parties can carry out business transactions, avoiding their issuance. costs because there are no transportation obstacles and costs can be calculated, or something crucial related to public services can be provided more effectively and efficiently than through traditional services. When you prepare the deed electronically, you can avoid incurring costs. The notary and presenter meet via electronic video conference, the notary and presenter are limited to seeing a computer at their place without having to pay any expenses to travel. This usually has an impact on the efficiency of the time required, through digitalization changes, everything can be maximized and save time. 2) Legal certainty of notarial deeds based on cyber notary, namely legal certainty can be achieved if there are no conflicting provisions between one law and another.  Providing Notary services that utilize technological advances in making authentic Deeds in cyberspace (Cyber notary) is possible for Notaries in Indonesia based on the Elucidation of Article 15 Paragraph (3) of the new UUJN, however the implementation of Cyber notary is still in conflict with the existing Law. one with another so that it does not provide a guarantee of legal certainty. Notarial Deeds made electronically (Cyber notary) do not yet have legal certainty because there is no harmonization of regulations related to the authority of Notaries in making Deeds electronically as stated in the UUJN in conjunction with the new UUJN and the ITE Law. This is what makes Notaries afraid to provide services that utilize technological advances in making authentic Deeds in cyberspace (Cyber notary).
Notary's Responsibility for Deeds Made With Fake Documents Provided by The Parties Salis, Lismi; 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. In Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary In Article 1 number 1 of the UUJN Notary is a public official who is authorized to make authentic deeds and has other authorities as referred to in this law or based on other laws. A Notary in making a deed sometimes without his knowledge there is false information given by the parties, which then becomes the basis for making an authentic deed. This study aims to analyze and answer the problem regarding the responsibility of a notary for deeds made with false documents provided by the parties in the process of making a notarial deed according to the Notarial Law, and how notarial deeds made based on false documents brought by the person appearing have legal impacts. This study uses the Normative legal research method. Legal materials from primary, secondary, and tertiary legal materials are used as research sources, and the data collected will be analyzed descriptively qualitatively. The results of the study show that notaries are responsible according to the actions they have taken if they are proven to have committed violations in carrying out their duties. They will be responsible in terms of administrative law, civil law or criminal law.Keywords: Notary, Responsibility, Deed
Legal Review of the Implementation of the Self-Protection Clause in Notarial Deeds If There is a Person Who Denies Pratiwi, Carika Dian; 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. This study aims to analyze: 1) The legal force of the notary's self-protection clause in the deed if there is a party who denies it. 2) The legal consequences for a notary who does not include a self-protection clause in the notarial deed. 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 documents). The analysis in this study is prescriptive. The results of the study concluded: 1) The legal force of the notary's self-protection clause in the deed is legally limited because it is not explicitly regulated in the Notary Law. However, the inclusion of this clause is still permitted as long as it does not conflict with the law, morality, and public order. This clause functions as additional evidence that the notary has carried out his duties carefully and professionally. Although it does not exempt the notary from legal responsibility in the event of a dispute, the existence of this clause can strengthen the notary's position in the process of proving that he is not responsible for the material truth of the contents of the deed. This is important in dealing with the potential criminalization of the notary profession which often occurs due to denials from the parties. 2) The legal consequences for a notary who does not include a self-protection clause in a notarial deed are that it is not a violation of positive law, but has the potential to cause adverse legal impacts for the notary. Without this clause, the notary's position becomes weaker when facing lawsuits or accusations, especially regarding false information in the deed. This makes it difficult for the notary to show that he only recorded the wishes of the parties, not guaranteeing the truth of the material. From the perspective of Philipus M. Hadjon's legal protection theory, the absence of this clause means weakening preventive and repressive legal protection for notaries. Therefore, the inclusion of a self-protection clause should be standard practice in the making of notarial deeds as a form of legal protection and an effort to maintain professionalism in carrying out duties.Keywords: Applicant; Notarial Deed; Self-Protection Clause.
Legal Responsibility of Instrumental Witnesses in the Process Making Authentic Deeds Onetra, Rico; 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

Abstract. This study aims to analyze: 1) the legal certainty of instrumental witnesses in the process of making authentic deeds. 2) the legal responsibility that can be imposed on instrumental witnesses if there is a discrepancy or untruth in the contents of the authentic deeds made. This type of research is normative legal research. The approach method in this research is the Statute 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 documents). The analysis in this research is prescriptive. The results of the study conclude: 1) The legal certainty of instrumental witnesses in the process of making authentic deeds is the main pillar in guaranteeing the formal validity and perfect evidentiary value of deeds made by notaries. Legal certainty demands that every authentic deed must be formed in accordance with the provisions of applicable laws, including the requirement for the presence of two instrumental witnesses as regulated in Article 16 paragraph (1) letter m and Article 40 paragraph (1) UUJN. These provisions are imperative and must be fulfilled, because without the presence of a valid instrumental witness, the deed made by a notary does not fulfill its formal elements and cannot be qualified as an authentic deed. 2) The legal responsibility that can be imposed on the instrumental witness if there is a discrepancy or untruth in the contents of the authentic deed made lies in the formal aspects of the formation of the deed, not in the substance or content of the deed. This responsibility can be in the form of civil liability if the act results in loss to another party (through an unlawful act), criminal liability if proven to be consciously involved in forgery, providing false information, or stating to be present when not present during the process of reading and signing the deed, and administrative or ethical liability if there is a violation of notarial procedures and rules.Keywords: Accountability; Authentic Deed; Instrumental Witness.

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