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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 206 Documents
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Notary's Responsibility in Making Authentic Deeds Containing False Statements by The Parties with Much Knowledge Radiansyah, Radiansyah; Sulchan, 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. In practice, there are still many Notaries who do not comply with these regulations, thus causing losses to the public (their clients) who seek legal justice in making an agreement or notarial deed. The purpose of this study is to determine the unlawful acts committed by Notaries in making authentic deeds with false information by the parties known together and the notary's responsibility for their actions in violation of criminal law and the Notary's code of ethics. This study uses a normative juridical approach, through a statutory approach (statute approach). The types and sources of data in this study use secondary data obtained from literature studies and the analysis in this study is prescriptive. Based on this study, it is concluded that Notaries who make authentic deeds with false information by the parties known together are unlawful acts and can be categorized as committing a criminal act and also a violation of the Notary's Office. These actions can be subject to criminal sanctions in accordance with the Criminal Code (KUHP) and administrative sanctions in accordance with the UUJN and the Notary's Code of Ethics. In this research, it was found that a Notary was sentenced by the Panel of Judges at the District Court for unlawful acts in making authentic deeds with false statements by the parties.Which It is the responsibility of the Notary who collaborates with other parties to make an authentic deed with false information, so that he must undergo criminal or punishment after a court decision that has permanent legal force, because the Notary's unlawful actions have fulfilled the elements of the articles in the Public Prosecutor's indictment and mutually accept the decision without making an appeal. Keywords: Authentic Deed; False Statement; Notary; Unlawful. 
The Effectiveness of Implementation of Electronic Integrated Mortgage Transparency through Digital Archive Management Murdiningrum, Nurmawati
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 aims of this study were: (1) to find out and analyze the effectiveness of implementing electronically integrated mortgage transparency through digital archive management at the National Land Agency of Salatiga City; (2) to find out the obstacles faced by the Salatiga City National Land Agency in implementing transparency of electronic integrated mortgage rights through digital archive management and solutions. The approach used is sociological juridical. The results of the study conclude that: (1) HT-el services are more effective than conventional HT services, because they can be carried out online, so that users, namely creditors (Banks) or Notaries (PPAT) do not have to come to the local BPN Office to take care of Mortgage Rights, and HT-el application data is stored in a database to facilitate the document search process, and electronic documents (HK-el) have the same legal force as printed documents; (2) Obstacles encountered in HT-el services can be caused by internal factors (reliability of the BPN computer network system to serve HT-el) and external factors (user capacity in operating HT-el computer networks). Keywords: Digital; Electronic; Integrated; Mortgage; Transparency.
Implementation of Notary Marking at State-Owned Commercial Banks as High Risk Customers in the Context of Preventing and Eradicating Money Laundering Crimes Permatarani, Andini Dyahlistia; Sugiharto, R.
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 study aims to determine and analyze the mechanisms and legal consequences of the implementation of notary marking at state-owned banks as high-risk customers in the context of preventing and eradicating money laundering crimes. The approach method in this research is sociological juridical. The research specification is analytical descriptive research. The data required includes field study data (field research) taken using the interview method and library research data. The data analysis method uses qualitative data analysis. Based on the research, it was concluded that the mechanism for marking notaries at BUMN Banks as high-risk customers is carried out in 3 (three) stages, namely customer on-boarding, on-going monitoring and post monitoring. Keywords: Bank; Customer; Laundering; Money.
Notary's Responsibility for Deeds That Have Been Canceled by the Court Subaktiar, Eka; Hasana, Dahniarti
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 Protection for Creditors Against Guarantees Fiducia In The People's Business Credit Agreement (KUR) That Have Not Been Registered At The AHU KEMENKUMHAM (Case Study at PT. Bank Mandiri (Persero) Tbk Bombana Branch, Southeast Sulawesi) Sam, Muhammad Iqbal; Ummu Adillah, Siti
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

Currently, many debtors are in default in taking credit with fiduciary collateral so that many assets are sold underhand and there are also debtors who are not responsible for the collateral, thus harming the creditor. The purpose of this study is to determine, review and analyze legal protection for creditors against fiduciary collateral in people's business credit agreements (KUR) that have not been registered with the AHU Kemekumham by PT. Bank Mandiri (Persero) Tbk Bombana Branch, Southeast Sulawesi and to determine, review and analyze the legal remedies owned by creditors if the debtor is in default. This study uses analytical descriptive specifications, the approach method used is a sociological legal approach, the types and sources of data in this study use primary data and secondary data. Secondary data includes primary legal materials, secondary legal materials and tertiary legal materials. The primary data collection method uses observation and interviews, the secondary data collection method uses document studies and literature studies. The data analysis method uses qualitative analysis methods. The results of the research and discussion show that legal protection for creditors against fiduciary guarantees in people's business credit agreements (KUR) that have not been registered with the AHU Kemenkumham if the debtor defaults, with the fiduciary guarantee law is the granting of preferential rights over his receivables and then according to the provisions of Article 21 paragraph (4) of the Fiduciary Law, the results of the transfer and/or bills that arise, by law become the object of a substitute fiduciary guarantee for the object of the transferred fiduciary guarantee. With the inclusion of the value of goods or objects that are used as objects of fiduciary guarantees, if the objects used as objects of fiduciary guarantees do not exist or are not available according to what is stated in the attachment, then the recipient of the fiduciary in this case the creditor can sue the party providing the fiduciary to fulfill his obligations, namely the amount of the guaranteed value as regulated in Article 6 of the Fiduciary Guarantee Law and the legal remedies owned by the creditor after the debtor defaults, which are carried out at PT. Bank Mandiri (Persero) Tbk Bombana Branch is the settlement of its dispute. First of all, this is done by giving a warning in the form of a reprimand, then continuing by giving a warning letter to the debtor, but if the debtor still does not comply, the creditor can take further action, namely through non-litigation and litigation methods.
Comparison of Laws on Inheritance Rights of Children Born Outside of Marriage According to the Compilation of Islamic Law and the Civil Code Samudra, Fatkhurrahman Surya
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

Pembagian hak waris di Indonesia khususnya untuk anak yang dilahirkan diluar nikah, menjadi suatu persoalan yang harus diselesaikan sesuai dengan aturan hukum waris Indonesia. Anak luar nikah sering kali menjadi subjek yang disalahkan dan tidak diakui oleh keluarga dari ayahnya maupun ayahnya itu sendiri. Anak luar nikah juga memiliki hak untuk mendapatkan bagian waris dari ayah kandungnya. Tujuan dalam penelitian ini adalah untuk menganalisis: 1) Untuk mengetahui dan menganalisis ketentuan hukum tentang hak waris anak luar nikah menurut Kompilasi Hukum Islam dengan Kitab Undang-undang  Hukum Perdata. 2) Untuk mengetahui dan menganalisis persamaan dan perbedaan ketentuan hukum tentang hak waris anak luar nikah menurut Kompilasi Hukum Islam dengan Kitab Undang-undang  Hukum Perdata. Jenis penelitian yang digunakan yaitu menggunakan metode penelitian yuridis normatif. Metode pendekatan yang dipergunakan dalam penelitian ini adalah metode pendekatan perundang-undangan. Jenis data menggunakan data sekunder yang diperoleh dari bahan hukum primer dan bahan hukum sekunder. Teknik pengumpulan data dalam penelitian ini adalah studi kepustakaan. Teknik analisis data dalam penelitian ini adalah deskriptif analitis. Hasil penelitian disimpulkan : 1) anak luar nikah adalah anak yang lahir diluar pernikahan yang hanya memiliki hubungan perdata dengan ibu dan keluarga ibunya saja. Dijelaskan dalam KHI bahwa anak yang lahir di luar perkawinan hanya mempunyai huhungan sating mewaris dengan ibunya dan keluarga dari pihak ibunya. Namun di dalam Kitab Undang-undang Hukum Perdata terdapat pengakuan anak, anak yang diakui dapat memiliki hubungan perdata dengan ayah biologisnya dan berhak untuk mewarisi harta peninggalannya. 2) Persamaan dan perbedaan bahwa anak luar nikah menurut Kompilasi Hukum Islam maupun Kitab Undang-undang Hukum Perdata memiliki pengertian dan hak yang sama yaitu anak luar nikah adalah anak yang lahir diluar pernikahan yang hanya memiliki hubungan perdata dengan ibu dan keluarga ibunya saja. Namun di dalam Kitab Undang-undang Hukum Perdata terdapat pengakuan anak, dimana anak yang diakui dapat memiliki hubungan perdata dengan ayah biologisnya dan berhak untuk mewarisi harta peninggalannya.
Legal Implications of Peace Agreement Deeds Made Before a Notary in Resolving Overlapping Land Disputes in The Indonesian Legal System Lestari, Sri; Suwondo, Denny
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. This study aims to determine and analyze the function of a notary based on his position in making a peace agreement deed, to determine and analyze the legal implications of a peace agreement deed made before a notary in resolving overlapping land disputes in the legal system in Indonesia. The research approach method used in this thesis is empirical legal research with a sociological legal approach method. The specifications of this study use qualitative descriptive. The types of data used in this study are primary data including the 1945 Constitution of the Republic of Indonesia, the Civil Code, Law Number 5 of 1960 concerning Basic Agrarian Provisions, Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, as well as secondary data containing books and other supporting documents. Collection of research data using interview techniques and document studies or library materials. The data analysis method used in analyzing data is qualitative analysis. The results of the study show that a Notary is a public official who has a great responsibility in ensuring the validity and fairness in making authentic deeds, one of the legal products made before a notary is a peace agreement deed. In carrying out his/her duties, a notary must be professional, honest, neutral and not take sides with any party in the legal acts he/she carries out. A peace agreement deed made before a notary in the Indonesian legal system is an authentic deed in the eyes of the law which can be used as evidence without relying on a decision, because the authentic deed has permanent legal force. and violations committed by the parties against the contents of the peace agreement can be directly executed based on the strength of legal standing.Keywords: Authentic Deed; Notary; Peace Agreement Deed.
Responsibilities and Legal Protection of Notaries as Public Officials in Issuing Covernotes Reviewed from the Perspective of Guarantee Law Maulida Hanum, Nindy; 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

Covernote is a unilateral statement from a Notary that has no binding force, as an ordinary statement, a covernote is not classified as a notarial deed. Covernotes made by Notaries in practice give rise to several legal issues. In connection with this,The author conducted the research with the aim of finding out and analyzing it legally. conducting legal research regarding the responsibilities and protection of Notaries as public officials in issuing covernotes. To find out the above objectives, the method used is a juridical-empirical method that combines legal analysis and field data. A sociological juridical approach is applied to understand the relationship between law and social conditions, as well as the challenges faced by Notaries. Primary data is obtained from interviews with Notaries, while secondary data is taken from legal sources and related literature. Qualitative analysis is used to describe the phenomenon and understand the responsibilities of Notariesand protection of Notaries as public officials in issuing covernotes. Covernotes are not classified as authentic deeds and if the issuance of a covernote causes a loss, the Notary can be held legally responsible, both criminally and civilly. Legal protection for Notaries includes preventive aspects, such as the obligations regulated in Article 16 paragraph (1) of the Notary Law, as well as repressive aspects in the form of sanctions if a violation occurs. To clarify the Notary's responsibility in issuing a covernote, special regulations are needed in the Notary Law. In addition, Notaries are advised to be careful in issuing a covernote by ensuring that the information is in accordance with the facts.
Criminal Disparity in Decisions in Cases of Theft With Violence in the Demak District Court Suudi, Ali
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. Article 37 paragraph (1) of PP No. 24 of 1997 requires that land sales and purchases must be proven by a deed from a PPAT. However, in Demak Regency, the practice of buying and selling land underhand is still common without an authentic deed, thus complicating the initial land registration process. This study uses a juridical-sociological approach and aims to examine the implementation and obstacles of land registration due to underhand sales in Demak Regency. The results show that although land registration requirements are formally regulated, people often only have unofficial evidence such as receipts or statements. This results in land registration applications being rejected due to not meeting legal requirements. The proposed solution is the need for special regulations to accommodate underhand sales and increased legal education so that the public understands the importance of authentic deeds for legal certainty over land.Keywords: Buying and Selling; First Time; Land Registration; Under Hand.
The Sanctions for Cancellation of Land Sale and Purchase Deeds Made in the Presence of Land Deed Making Officials in West Manggarai Regency Fathullah, Rafli Ilham
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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The Deed of Sale and Purchase is an authentic Deed as the strongest evidence which has an important role in every legal relationship in people's lives which can clearly determine rights and obligations so as to guarantee legal certainty and at the same time avoid disputes. If a dispute occurs such as cancellation of an authentic deed. Authentic deed is the strongest piece of evidence and has perfect evidentiary power in court. This research aims to find out and analyze: 1) To find out and analyze what is the basis for Cancellation of a Land Sale and Purchase Deed made before a Land Deed Official in West Manggarai Regency Based on Supreme Court Decision No.9/Pdt.G/2018/PN Lbj; 2) To find out and analyze the position and legal consequences of canceling a land sale and purchase deed made before a land deed official in West Manggarai Regency based on Supreme Court Decision No.9/Pdt.G/2018/PN Lbj. The conclusions of the research results are: 1) The basis for the cancellation of the Land Sale and Purchase Deed made in the presence of the Land Deed Making Official in West Manggarai Regency stated that Defendant I had committed an act of fraud/deceit in making the Sale and Purchase Deed 39/2015, stated that the Sale and Purchase Deed Number: 39/2015, is invalid and has no legal force; 2) Position and Legal Consequences of Cancellation of the Land Sale and Purchase Deed made before the Land Deed Official in West Manggarai Regency declares that the land sale and purchase is void and the land is immediately transferred to the PLAINTIFF's name.

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