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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 Analysis of the Legal Consequences of the Cancellation of the Deed of Land Sale and Purchase Agreement (Case Study of Case Number 154/Pdt.G/2022/PN.Smg) Syahputra, Muhammad Rizqi; 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

Land sale and purchase is a reciprocal agreement involving the seller and the buyer. The content of the promise in question is where one party carries out its obligations, while the other party acknowledges it or promises to provide compensation if there is a violation of the contents of the contract. The agreement is intended as a preliminary agreement of the main intention of the parties to transfer land rights. The research approach method is a normative legal approach. A research method that obtains legal knowledge by emphasizing the provisions of applicable regulatory laws. This type of research is by examining library materials and secondary data including primary legal materials, secondary legal materials and tertiary legal materials, in the form of documents or applicable laws and regulations related to this approach method. Legal protection for the fulfillment of the rights of the parties if one party defaults in the sale and purchase agreement is highly dependent on the strength and binding sale and purchase agreement made. The law on Cancellation of the Sale and Purchase Agreement is that the parties may be subject to a fine of an amount that has been agreed upon from the amount that the buyer must pay to the seller or buyer, for each day of delay. Legal Considerations from the Judge on the Cancellation of the Deed of Sale and Purchase of Land Case Number 154/Pdt.G/2022/PN.Smg, According to the author, it is in accordance with the applicable legal regulations as explained by the author previously, where in this case the Agreement ends and as far as necessary both parties release themselves from what is stipulated in Article 1266 and Article 1267 of the Civil Code, and the Seller is obliged to return the money that has been paid by the Buyer after deducting a few percent from the selling price of the land and building as a replacement for the costs incurred by the Seller plus a fine that must be paid by the Buyer to the Seller.
Legal Protection for Buyers Who Have Good Faith in Full Payment of Land Rights Without Power of Attorney to Sell from the Perspective of Justice Siswanto, Moch. Agus
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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Abstract

Research by discussing the problem of how buyers with PPJB made underhand with full payment not followed by a power of attorney to sell get legal protection against the seller's refusal to appear before the PPAT and what legal steps can be taken by buyers in good faith PPJB made underhand with full payment without a power of attorney to sell for the seller's refusal to appear before the PPAT, with the method of statutory regulatory approach and conceptual approach, a conclusion was obtained: Buyers in good faith with PPJB made underhand with full payment without a power of attorney to sell get legal protection against the seller's refusal to appear before the PPAT, but the legal protection is not intended to appear before the PPAT to make a deed of transfer of rights, because in making a deed of transfer, the PPAT is obliged to request the presence of the parties in this case the seller and the buyer or their attorneys. Legal protection for the occurrence of a sale and purchase agreement as referred to in Article 1457 of the Civil Code, each party has reciprocal obligations or achievements, namely the seller promises to hand over the object agreed upon and the buyer has an obligation to pay the price of the goods. Legal efforts that can be taken by a buyer who has good intentions, the PPJB is made underhand with full payment not followed by a deed of power of attorney to sell due to the seller's refusal to appear before the PPAT, that the buyer in fighting for his rights to ownership of the object of sale and purchase, must file a lawsuit with the District Court on the basis of the seller's default and request that the District Court's decision order the PPAT to make a deed of transfer of rights not based on the power of attorney to sell, but based on the court's decision.
Notary's Responsibility for the Criminal Act of Forgery of Authentic Deeds (Study of Decision Number 1003 K/Pid/2015) Nuraini, Rubit Wahyu; Arifullah, Achmad
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

Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in Law Number 2 of 2014 concerning the amendment to Law Number 30 of 2004 concerning the Position of Notary. This study aims to analyze the responsibility of notaries for the criminal act of forgery of authentic deeds with a case study in Decision Number 1003 K/Pid/2015. The main focus of this study is to understand the legal position of notaries in the context of making authentic deeds and the legal implications that arise if forgery occurs. In addition, this study also explores aspects of criminal and civil law related to the responsibility of notaries in carrying out their duties, in order to provide recommendations for legal protection for the injured parties. The research method used is a normative legal approach by examining laws and regulations and case approaches, legal doctrines, and case studies of court decisions. Data were collected through literature studies and analysis of related legal documents. The analysis was carried out descriptively qualitatively to obtain a comprehensive picture of the notary's responsibility in cases of forgery of authentic deeds. The results of the study indicate that notaries have legal responsibilities both civilly, criminally, and administratively in making authentic deeds. Decision Number 1003 K/Pid/2015 reveals that forgery of authentic deeds can result in criminal sanctions for notaries who are proven to be negligent or intentionally violating the law. From this study, it is recommended that there be strengthening of regulations and supervision of the notary profession in order to prevent abuse of authority in making authentic deeds.
Effectiveness of Implementing Complete Systematic Land Registration in Preventing Land Disputes in Majalengka Regency Juliansyah Nugraha, Maulana 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

Abstract. This study aims to determine and analyze the implementation of Complete Systematic Land Registration in achieving legal certainty and the obstacles and solutions in the implementation of PTSL in Majalengka Regency. The type of data used is primary and secondary data obtained through interviews and literature studies. The research concludes: 1) The effectiveness of the implementation of the Complete Systematic Land Registration (PTSL) in preventing land disputes in Majalengka Regency has been effective, although there are several obstacles in it. As experienced by Mr. Irwan, after participating in the PTSL, finally the land boundary dispute with his neighbor can be resolved and legal certainty regarding land ownership between the disputing parties can be achieved. This shows that the author believes that PTSL can effectively prevent and resolve land disputes. The implementation of the Complete Systematic Land Registration Program (PTSL) which has been running effectively can be observed from the objectives to be achieved through the Complete Systematic Land Registration Program (PTSL). The objectives to be achieved in the Complete Systematic Land Registration Program (PTSL) are to accelerate the provision of legal certainty and legal protection of community land rights in a certain, easy, fast, smooth, safe, fair, equitable and open and accountable manner, so as to improve the welfare and prosperity of the community and the state economy, as well as reduce and prevent land disputes and conflicts. 2) Technically, the obstacles in the implementation of PTSL in Majalengka Regency are the unavailability of the parties from the related sub-districts, and in the field of land measurement and mapping which has not been comprehensively implemented. The solution is to conduct land measurement and mapping thoroughly in the village/sub-district area that has been designated as the activity location, both for registered land plots, improving the quality of registered land plots that have not been mapped, and unregistered land plots that are carried out systematically and completely grouped in one complete village/sub-district area. Keywords: Effectiveness; Land Disputes; PTSL. 
The Position of Land Certificates as Proof of Ownership in Resolving Land Rights Disputes in Mining Areas Pondiu, Rifky Rachel; Prayitno, Ahmad Hadi
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. The position of land certificates as proof of ownership in resolving land rights disputes in mining areas still has problems, namely the emergence of perceptions that are dismissive of authentic deeds. In fact, this will give rise to the dynamics of land law in society. The objectives of this study are to analyze: 1). The legal force of the land certificate is examined in relation to land rights in the mining business permit area. 2). The role of Notaries in using land certificates as proof of ownership. The approach method used in discussing this research problem is a normative juridical research type.The research specification used is analytical descriptive research. The type of data uses primary and secondary data. The data analysis method used in this study is qualitative data analysis. The results of the study concluded: First, theoretically the position of SKT is a weak evidence, because it is made underhand without going through a legalization process by a Notary official, considering that only a Notary can issue an authentic deed. Second, there is a gap between theory and practice, with the reason that in practice judges often disregard authentic deeds in adjudicating land dispute cases. This can be seen in Decision Number: 24 / G / 2014 / PTUN.KDI and Decision Number: 27 / G / 2016. PTUN. KDI. Keywords: Land Certificate; Notary; Ownership. 
The Juridical Analysis of Inheritance Distribution for Non-Muslim Heirs Muslim Heirs Conception of Legal Certainty Annisa, Fitriana Nur
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

Indonesian society is a plural society in which two or more elements coexist and mingle with one another. In any society, every marriage cannot be separated from the possibility of producing offspring or children who are considered to be the bringers of happiness. With these facts, of course it will affect several sectors in Indonesia. In the legal field for example. The law most affected by diversity is the Law of Inheritance. That is, if the heirs are subject to Islamic inheritance law while there are Islamic heirs of different religions (non-Islam). In this study, researchers used a sociological juridical approach. Because the research that is sought is legal aspects in the implementation of the law with the implementation of science and applicable legal rules as well as from a social and community point of view in everyday life. The research specifications shown are descriptive analysis in nature. Researchers in their efforts to collect data are carried out in several ways, namely: field studies and studies of documents/library materials. According to western inheritance law, heirs of different religions are not a barrier to becoming heirs while Islamic inheritance law, heirs of different religions is a barrier to becoming heirs. However, heirs of different religions can still receive inheritance through a mandatory will as stipulated in the MA Jurisprudence No. 51/K/AG/1999 with the condition that it does not exceed 1/3 of the total inheritance.Keywords: Different; Inheritance; Religions.
The Obligations of Notaries in Providing Free Legal Services to Indigent People Based on Law No. 2 of 2014 Mukti, Sukma Raka Pratama Karyana
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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Abstract

This research aims to determine and analyze legal regulations regarding the Notary's obligation to providefree legal services to people who cannot afford it, and uto find out and analyze the legal consequences for Notaries who do not provide free legal services to people who cannot afford it. To achieve the above objectives, the author uses a type of Normative Juridical legal research. The approach method in this legal research uses a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). The type of data used in this research is secondary data including words and actions, as well as written data sources. Research data sources consist of primary legal materials, secondary legal materials and tertiary legal materials.The data collection method is used to collect data by means of literature study. The data analysis method uses Descriptive Research. Based on the research results, conclusions were obtained, firstly that Legal regulations regarding the obligation of Notaries to provide free legal services to people who cannot afford them are contained in Article 37 paragraph (1) UUJN and Article 3 paragraph (7) Notary Code of Ethics. Article 37 UUJN and Art3 paragraph (7) Notary Code of Ethics is something that must be implemented, however, because there are no standard rules from INI as the organization that oversees Notaries throughout Indonesia regarding procedures and who can be said to receive legal assistance to determine whether someone is eligible or can be exempt from fees. Second conclusion, the legal consequences for Notaries who do not provide free legal services to people who cannot afford them are sanctions. In terms of administrative sanctions, Notaries can be subject to sanctions in the form of: Government coercion (besturssdwang), Withdrawal of decisions, Imposition of administrative fines, Imposition of forced money by the government (dwangsom). Meanwhile, the sanctions contained in Article 37 paragraph (2) UUJN are in the form of: verbal warning, written warning, temporary dismissal, honorable dismissal and/or dishonorable dismissal. Sanctions contained in Article 6 paragraph (1) of the Notary Code of Ethics include: reprimand, warning, temporary dismissal from Association membership, honorable dismissal from Association membership, and/or dishonorable dismissal from Association membership. Keywords: Incapacitated; Obligations; Services.
Execution of Fiduciary Guarantees against Defaulting Debtors Who Resist the Execution Taradipa, Tania
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 determine the obstacles in the implementation of the fiduciary guarantee execution process. As well as to find out the efforts made by the bank in carrying out the execution process. Method The approach in this research is the Sociological Juridical research method. This research specification uses descriptive analysis. The type of data used in this research is primary data including Law Number 42 of 1999 concerning Fiduciary Guarantees, the Civil Code, as well as secondary data containing documents and other supports. Collecting research data using interview techniques and studying documents or library materials. The data analysis method used in analyzing the data is qualitative analysis. The results of this research are: (1) The executive power possessed by the Fiduciary Guarantee is the same as a court decision which has permanent legal force, this is because the Object of the Fiduciary Guarantee has included instructions which read "For the sake of Justice Based on Belief in One Almighty God". Obstacles and solutions found in the process of executing fiduciary collateral objects include resistance from the executed party through civil lawsuits, through debt acknowledgment letters, and through selling collateral carried out privately or through an auction. Keywords: Agreement; Credit; Executorial; Fiduciary; Guarantee.
Legal Protection for Auction Winners Executing Mortgage Rights Who Cannot Control The Auction Object Rahmadina, Farah Dania; Shallman, Shallman
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 research aims toto know and analyze legal protection for auction winners of mortgage execution who cannot control the auction object and to know and analyze the obstacles to auction winners of mortgage execution who cannot control the auction object. This study uses a statutory approach (Statuta Approach), the type of research used in this study is normative legal research, the type of data in this study is secondary data, the data collection method in this study is library research, and the data analysis used is prescriptive analysis. The results of the study indicate that legal protection for buyers or auction winners has not been able to provide legal certainty for buyers or auction winners. Both the seller and the State Asset and Auction Service Office (KPKNL) do not have responsibility and liability for control of the auction object. Repressive legal protection provided by the government to auction winners who cannot control the auction object is to request assistance for vacating directly to the Head of the District Court. As is known, the process from the application for vacating to the execution of vacating does not have a certain time and often takes a long time so that the buyer does not obtain legal certainty to obtain his rights, there are also various obstacles in the process of implementing the mortgage execution auction. These obstacles consist of legal obstacles and non-legal obstacles. Legal obstacles include the existence of unclear or conflicting laws and regulations, while non-legal obstacles relate to technicalities and the execution process in court. The existence of these obstacles causes the lack of legal certainty for the auction winner to enjoy the object of his property rights.
Legal Protection for Communities with Rights to Customary Land (Case Study of Decision Number 2087 K/Pdt/2012) Al Kholis, Fikri
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

This study examines legal protection for communities with rights to customary land through a case study of Decision Number 2087 K/Pdt/2012. Customary land disputes are complex issues and often cause prolonged conflict in Indonesia. This study aims to evaluate the extent to which court decisions in the case reflect fair legal protection for indigenous communities and their implications for the recognition of customary land rights in Indonesia. This type of research is normative legal research using a normative juridical approach method. The data collection method for this research is a literature study that will be analyzed qualitatively by examining court decision documents, relevant laws and regulations, and related literature. The results of this study examine how Indonesian legal perspectives view the legal protection of customary land rights communities and reveal how the results of the settlement of customary land disputes in Decision Number 2087 K/Pdt/2012 are fair in accordance with applicable regulations, the legal system to ensure that the rights of indigenous peoples are recognized and protected fairly. In addition, this study uses the theory of legal protection and the theory of legal justice as analytical tools in rejecting data that aims to continue to contribute to efforts to improve legal protection for indigenous peoples and ensure the application of the principle of justice in the national legal system.

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