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 articles published in TABELLIUS: Journal of Law are going through a double-blind peer review process. Hence, the decision on whether the scientific article is accepted or not, will be the Editorial Boards right based on the peer reviewer's recommendation. Please read and understand the author guidelines for preparation manuscript. The author who submits a manuscript to the editors should comply with the author guidelines and template. If the submitted manuscript does not comply with the guidelines or using a different format, it will be rejected by the editorial team before being reviewed. Editorial Team will only accept a manuscript that meets the specified formatting requirements.
Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University
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Legal Effects of a Notary Deed Read by Notary Staff without Attendance by Notary and Witnesses
Abstract. Notaries have an important role in Indonesia, especially in the making of Authentic Deeds, in making Authentic deeds are required to be in accordance with the procedures as regulated in the Notary Law. In the Notary Law, the making of Authentic deeds must be attended or read directly by the Notary concerned and attended by witnesses, but in practice in Indonesia, especially in Batam City, deviations often occur, where in the making of Authentic deeds, for example, in the making of Credit Agreement Deeds at Banks, the reading of credit agreements in the case of credit agreement deeds is only carried out by Notary staff without being attended by Notaries and witnesses. The approach used in this research is a sociological juridical approach. The analysis in this study is prescriptive in nature. The research results concluded: 1) The validity of an Authentic Deed read by a notary staff can be considered legally flawed, and may even not have the power of an Authentic Deed as explained in Article 1869 of the Civil Code and this is also a violation of the law, as a result the deed can be considered formally invalid. 2)The instrumental witness who is not present to witness the process of reading the Authentic deed, in accordance with Article 41 of the UUJN, results in the Authentic deed only having evidentiary power as a private deed, meaning it does not meet the requirements of an Authentic deed. As explained in Article 1868 of the Civil Code, if the formal requirements such as reading in front of witnesses and signing by witnesses are not met, the deed loses its evidentiary power as an authentic deed and the deed only has evidentiary power as a private deed, the value of which is much weaker in legal proceedings and in court.3)Notaries who request to be represented by staff in the reading of authentic deeds may receive administrative sanctions in the form of reprimands, warnings, schorsing (temporary dismissal) from association members, Onzetting (dismissal) from association members, dishonorable dismissal from association membership. Keywords: Instrumental Witness; Notarial Deed; Validity.
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Legal Responsibility Towards Cust Omersexperiencing Bad Debt at PT. Bank BJB Plered
Abstract. The aim of the research is to find out and analyze about legal responsibility towards customers who experience bad debts at Bank BJB Plered and to find out and analyze efforts to resolve bad debts of customers at Bank BJB Plered.The approach method that will be used in this research is the method qualitative approach, qualitative data method is a research method that produces analytical descriptive data, namely what is stated by respondents in writing or verbally and also their real behavior, is researched and studied as a whole. The research results illustrate a common situation in the banking world, particularly in the credit sector. When a bank grants a loan to a debtor, there is a risk that the debtor will not fulfill the obligations agreed upon in the credit agreement. When a debtor fails to pay or fulfills their obligations within the agreed timeframe without a legally acceptable reason, this is referred to as "default." In the event of default, the bank, as the creditor, has the right to take legal action against the debtor. From a civil law perspective, current economic developments increasingly emphasize the important role of banks as financial institutions with a strategic role in maintaining economic stability and growth. Banks' primary task is to collect funds from the public in the form of deposits and then distribute them back to the public, including entrepreneurs, through credit. Keywords: Bad Debt; Debtor's Responsibility; Default.
Default in the Cooperation Agreement Between Perum Perumnas and CV. Duta Promosi Regarding Home Construction and Marketing
Abstract. This study aims to analyze: 1) The elements of default in the cooperation agreement between Perum Perumnas and CV Duta Promosi. 2) The legal consequences of default on land rights in the agreement. This type of research is empirical legal research. The approach method in this study is a sociological juridical approach. The data collection method uses interviews and library techniques (document study). The analysis in this study is prescriptive. The results of the study concluded: 1) The elements of default in the cooperation agreement between Perum Perumnas and CV Duta Promosi have fulfilled the elements of default as stipulated in Article 1243 of the Civil Code have been fulfilled. The first element, namely the existence of an agreement, is proven through a cooperation agreement on the construction and marketing of 1200 units of houses/shophouses on an area of ± 29 hectares. The second element, namely Not fulfilling obligations/there is a party that breaks the promise, is seen from the actions of CV Duta Promosi from 2012 to 2025 which only built ± 20 housing units out of ± 1200 units according to the agreement letter. The third element is that it has been declared negligent, but still does not carry out the contents of the agreement, evidenced by the negligence of CV. Duta Promosi which causes delays in the completion of the construction and marketing of houses/shophouses, instead diverting the construction and marketing activities of houses/shophouses to Jabon tree planting activities without the approval of Perum Perumnas. With the fulfillment of these elements, CV Duta Promosi is legally declared to have committed a breach of contract. 2) The legal consequences of the breach of contract committed by CV Duta Promosi have serious consequences from a civil aspect. In civil terms, the act of diverting the construction and marketing activities of houses/shophouses to Jabon tree planting activities unilaterally causes the cancellation of part of the contents of the agreement, gives rise to the responsibility to pay compensation, and opens the possibility of termination of the agreement by the injured party. Furthermore, this default also creates legal uncertainty over land ownership, hinders the development process, and has the potential to trigger agrarian conflicts. Therefore, a firm legal resolution is needed to restore legal certainty and protect the aggrieved parties. Keywords: Agreement; Cooperation; Default.
Legal Implications of Notarial Digitalization on the Validity of Notarial Deeds
Abstract. This study aims to analyze: 1) The legal implications of notarial digitization on the validity of notarial deeds. 2) Obstacles and solutions in the notarial digitization process related to the validity of notarial deeds. This type of research falls within the scope of normative legal research. The approach method in this study is a statute approach. The type and source of data in this study are secondary data obtained from literature studies. The analysis in this study is prescriptive. The results of the study conclude: 1) The digitalization of notarial deeds has a significant impact on the validity of notarial deeds, especially because the formal requirements for authentic deeds as stipulated in Indonesian positive law have not yet been met. Although Article 5 paragraph (4) of the ITE Law recognizes electronic documents as legal evidence, the absence of explicit provisions in the Notary Law (UUJN) means that digital notarial deeds cannot yet be equated with conventional authentic deeds. As a result, electronic deeds risk losing their full evidentiary power before the law, creating legal uncertainty, and threatening the protection of the parties' rights. Therefore, regulatory reform containing specific provisions regarding electronic notarial deeds is an urgent need to guarantee validity, evidentiary power, and balanced legal protection in the digital era. 2) In its implementation, the digitalization of notarial deeds faces various obstacles such as legal vacuums, procedural uncertainty, threats to electronic data security, limited understanding of technology among notaries, and the absence of uniform operational standards. These obstacles can hinder the implementation of valid and effective digital deeds. To address this, concrete solutions are needed in the form of comprehensive regulatory updates, the development of digital-based standard operating procedures, strengthening information technology security systems, improving notary digital literacy through ongoing training, and strengthening cross-institutional collaboration. Keywords: Deeds; Digitalization; Notary.
Integration of Sharia Values in Notarial Practices in Muslim Wills
Abstract. This study aims to examine the integration of sharia values in notarial practices in making wills for Muslim testators, with an emphasis on Article 939 of the Civil Code as the entry point for harmonization of national law and Islamic law. The research method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that although Article 939 of the Civil Code regulates secret wills formally, its interpretation space allows notaries to consider the provisions of Islamic law, particularly in limiting parts of the will and determining the beneficiaries of the will according to the Compilation of Islamic Law. This integration is in line with the principles of maqāṣid al-syarī'ah and substantive justice, and strengthens the role of notaries in preventing inheritance disputes in the future. Keywords: Article 939 Of The Civil Code; Muslim Will; Notary; Sharia Values; Substantive Justice.
Effectiveness of Implementing Complete Systematic Land Registration in Preventing Land Disputes in Majalengka Regency
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.
Notary's Responsibility for Forgery of Minutes of Extraordinary General Meeting of Shareholders of a Limited Liability Company (Case Study of Decision Number 149/Pid.B/2019/Pn Gin)
Abstract. The holding of an Extraordinary General Meeting of Shareholders that is not in accordance with what has been determined, whether in terms of its implementation being carried out unilaterally or without the knowledge of one of the shareholders, can be said to be an unlawful act, so that for fraudulent acts carried out by parties within the company, the party carrying out the Extraordinary General Meeting of Shareholders without the knowledge of the shareholders can be held accountable for civil or criminal liability for such acts. The method used in this research is a normative legal research method. The approach employed is qualitative. The data types and sources used are primary and secondary data. The data analysis method used in this research is prescriptive. From the results of this study are: The Notary's responsibility for the deeds made before Notary H, SH dated June 19, 2015 in Badung Regency which contains elements of a criminal act in the form of "Participating in Forgery of Letters", then the responsibility given by the Panel of Judges by sentencing the organizer to Impose a criminal sentence on the Defendant with a prison sentence of 2 (two) years. Determine that the evidence be returned to the rightful party, namely the heirs. The consequence of the criminal act in the form of forgery of the appearing party's signature in the deeds made before Notary H, SH dated June 19, 2015 in Badung Regency is that the notarial deed is null and void. For the reason that the element of a "lawful cause" is not fulfilled, which is one of the objective requirements for the validity of an agreement. Keywords: Court Decisions; Forgery of Documents; Notary Responsibility.
Settlement of Defaults Made by Members of The Multi-Businesse Consumer Cooperative Al Husna Tangerang
Abstract. This study aims to identify and analyze the resolution of defaults by members of the Al Husna Multipurpose Consumer Cooperative in Tangerang. The research approach method used in this thesis is an empirical juridical legal research method. The types of data used in this study are primary data which include the 1945 Constitution; the Civil Code; Law Number 25 of 1992 concerning Cooperatives; Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution; Regulation of the Minister of Cooperatives Number 9 of 2018 concerning the Implementation and Development of Cooperatives, and secondary data containing books, scientific journals, legal theories and tertiary data such as legal dictionaries. Research data collection using interview techniques and literature studies as well as direct observation or observation in the field. The data analysis method used in analyzing the data is qualitative analysis. The results of the study indicate that the settlement of default carried out by cooperative members is to make a default settlement lawsuit to the court, but the basis of the cooperative is from members to members and is founded on the principle of family, it would be more appropriate with a non-litigation method, namely settlement outside the court as regulated in Article 1 Number 10 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Some more appropriate non-litigation settlement methods are mediation, because it prioritizes the interests of members considering the purpose of the cooperative from members to members. The obstacles faced by cooperative members are the difficulty in paying off receivables due to Termination of Employment (PHK) in the company where the cooperative members work so that the cooperative members cannot carry out their performance properly. The solution in resolving the default of cooperative members is that if the principal savings and mandatory savings of cooperative members will be used as collateral for cooperative members when they cannot repay their loans. Keywords: Cooperative; Default; Force Majeure; Provision of Productive Assets; Write-off.
The Effectiveness of Electronic Deed Minutes Storage in Notarial Practice in the Digital Era
Abstract. This study aims to analyze: 1) Legal regulations in Indonesia that support the storage of electronic minutes of deeds in notarial practice. 2) The effectiveness of storing electronic minutes of deeds in notarial practice if implemented in the digital era. This type of research falls within the scope of normative legal research. The approach method in this study is a statute approach. The type of data in this study is secondary data, which consists of primary, secondary and tertiary legal materials. The data collection method was obtained through literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) Legal regulations in Indonesia have basically provided a sufficient basis to support the storage of electronic minutes of deeds in notarial practice, although they still require further strengthening and adjustment. The Notary Law (UUJN) has not explicitly regulated the technical aspects of storing minutes of deeds in electronic form, however, legal regulations in Indonesia have actually provided space for the digitalization of notarial archives through systematic interpretation of several provisions, such as Article 15 paragraph (3) of the UUJN and significant changes in Article 5 of the ITE Law which now no longer excludes notarial deeds from being recognized as valid electronic documents. 2) In the digital era, storing minutes of deeds electronically is considered very effective, especially from the aspects of efficiency, security, and ease of access. This effectiveness will be optimal if supported by regulatory updates, reliable digital infrastructure, increased digital literacy of notaries, and the acceptance of the legal culture of the community towards electronic systems. Keywords: Effectiveness; Electronic Deed Minutes; Notary.
Legal Force of Power of Attorney Agreement to Sell Joint Property after The Existence of a Marriage Agreement Deed made after The Marriage
Abstract. A Notary is an official who has the authority to make authentic deeds based on the Law on the Position of Notary, the Notary Code of Ethics and other provisions related to the Notary profession. In his authority to make authentic deeds, an example of a deed that can be made by a Notary is a Deed of Power of Attorney for Sale Agreement. In addition to these deeds, a Notary is also blessed to make a Deed of Separation of Property Marriage Agreement which Based on the Decision of the Constitutional Court dated October 27, 2016 Number 69 / PUU-XIII / 2015, a marriage agreement can be made during the marriage and does not harm the interests of the third party involved. And this provision does not apply retroactively, so that assets obtained after marriage and before the separation of property marriage agreement is made remain joint assets. Based on the above, this study aims to determine and analyze the position of marital assets obtained before the deed of separation of assets is made, and to determine and analyze the legal force of the Deed of Power of Attorney to Sell Joint Assets after the making of the Marriage Agreement Deed. The problem is analyzed using the theory of legal certainty. The research approach method used by the author is normative legal research, using qualitative data types and using secondary data sources, which data the author obtained through the data collection process through library research. The data analysis method uses a qualitative analysis method in which the data obtained is arranged systematically and then analyzed qualitatively in order to obtain clarity on the problems to be discussed. Keywords: Authentic Deed; Notary; Power of Approval; Separation of Property Marriage Agreement.
Legal Responsibility of Instrumental Witnesses in the Process Making Authentic Deeds
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.
The Role of a Notary in Preparing a Deed of Division of Inheritance Property (Aphw) Regarding the Registration of Transfer of Land Inheritance Rights
This study discusses the role of Notaries in the preparation of Deeds of Distribution of Inheritance Assets (APHW) for the registration of the transfer of land inheritance rights. In practice, land inheritance issues often lead to conflicts between heirs due to limited legal understanding, strong oral culture, and minimal access to information. At this point, the role of Notaries becomes very important, not only as an official who makes deeds, but also as a party who provides legal understanding to the community. With the involvement of Notaries, the process of distribution of inheritance assets can take place more orderly, legally, and fairly, so that the potential for disputes can be minimized. The purpose of this study is to analyze the role of Notaries in the preparation of APHW as an important document in land inheritance, review the implementation of registration of inheritance rights transfer, and understand the position of APHW in supporting the smooth process in accordance with applicable legal provisions. The method used is empirical juridical, namely combining normative studies of laws and regulations with legal practices in the field. The research data includes primary data obtained from field studies and secondary data sourced from literature studies and statutory provisions. The research findings indicate that notaries play a strategic role in creating APHWs as valid legal evidence, providing legal certainty and protection for heirs. However, challenges include the lack of a uniform inheritance law system in Indonesia and the limited authority of notaries in several legal systems. Despite these challenges, the existence of APHWs has been shown to accelerate the registration process for land transfers, reduce the risk of disputes, and support the realization of legal certainty in accordance with the principles of good governance.
The Authority of Judges in Assessing the Validity of Deeds of Wills Made by Foreign Officials
This study aims to analyze the authority of Indonesian judges in assessing the validity of wills made by foreign officials abroad and the legal consequences if the deed is declared invalid. The case is based on the illustration of Mr. Agus, an Indonesian citizen residing in the Netherlands and making a will before a Dutch notary by appointing his adopted son, a Dutch citizen, as the sole heir, without listing his biological children in Indonesia. The research method used is normative juridical with a statutory approach and case studies, through analysis of primary, secondary, and tertiary legal materials. The results show that Indonesian judges have full authority to assess the validity of foreign wills if the object of inheritance is located in Indonesia. If declared invalid, the deed loses its evidentiary force and inheritance is carried out based on the ab intestato system according to the Civil Code. The legal implication that arises is the exclusion of the rights of the beneficiary of the will (adopted son) because it does not meet the provisions of national law. This study emphasizes the need to harmonize national law with the principles of international civil law to provide legal certainty in cross-border inheritance cases.
Responsibilities of Officials Making Land Deeds (PPAT) for Deeds of Sale and Purchase of Land That Give rise to Disputes
The high strategic value of land makes it prone to disputes, so Land Deed Officials (PPAT) are required to understand land law in depth so that the deeds they make are legally valid and avoid legal conflicts due to misuse of transfer of rights. This study aims to analyze the importance of understanding land law for Land Deed Officials (PPAT) in ensuring the validity of land transfer deeds and preventing disputes due to misuse of land transactions. The type of research used is doctrinal research with a legislative and theoretical approach. Secondary data consists of primary, secondary, and tertiary legal materials. The data analysis method used is perspective analysis, which involves systematically compiling the data and then analyzing it descriptively and qualitatively to gain clarity on the research problem. The research results state that Land Deed Officials (PPAT) play a crucial role in ensuring the validity of land transactions through the preparation of authentic deeds, document verification, and registration with the National Land Agency, and are obligated to reject the issuance of deeds if there are disputes, incomplete documents, or indications of legal violations. Land disputes caused by duplicate certificates, unclear boundaries, illegal transactions, and slow settlement processes can be prevented by PPATs through proper procedures, and violations by PPATs can result in legal sanctions. Dispute resolution can be carried out non-penally through mediation and deliberation, or penally through the courts, in order to achieve legal certainty and fair protection for all parties.
The Role of a Notary in a Credit Agreement with Mortgage Guarantee at BPR Sinar Mas Pelita Sindanglaut Cirebon
In carrying out micro business activities, banks provide several products to assist business actors in running their businesses by providing working capital loans with land ownership guarantees in the form of ownership certificates. The process in the implementation of financing credit by banks involves the role of Notaries. This study discusses the role of notaries in credit agreements with mortgage guarantees at BPR Sinar Mas Pelita, focusing on the legal consequences that arise if there is a discrepancy between the land certificate and the data recorded at the National Land Agency. These problems have the potential to cause disputes, hinder the mortgage registration process, and reduce legal certainty. The purpose of this study is to determine the role of notaries in ensuring the validity of documents and resolving legal problems that arise due to differences in certificate information with data at the National Land Agency. The research method used is empirical juridical with a statutory approach and through interviews with notaries, banks and customers. The research results indicate that notaries play a crucial role as public officials, ensuring that the formal and material requirements of credit agreements are met, including verifying certificates and land data before the deed is signed.
Legal protection for interested parties in land sale and purchase deeds made by land deed officials who have died
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 Position of The Land Sale and Purchase Deed (AJB) which Results in a Transfer of Name Rights as a Basis for The Lawsuit
Abstract. This study discusses the legal status and consequences of a Deed of Sale and Purchase (AJB) that has resulted in the transfer of land rights through a change of name, when the AJB is then used as the basis for a lawsuit in court. Problems arise when the transfer of rights has been legally registered with the National Land Agency (BPN), but is challenged on the grounds of formal or material defects. The objectives of this study are to analyze (1) the legal status of the AJB as the basis for a lawsuit, and (2) the legal consequences if the AJB that has changed names is challenged. The research method used is normative juridical with a statutory and conceptual approach, using primary and secondary legal materials obtained through library studies and online sources. The analysis is conducted deductively. The results of the study indicate that the AJB prepared by the Land Deed Official (PPAT) has perfect evidentiary power, but is not absolute. The AJB can be challenged if there are formal or material legal defects, such as forgery of signatures, data manipulation, default, incompetence of the parties, or procedural violations. A successful lawsuit proving legal defects can result in the cancellation of the Deed of Sale and Sale and the transfer of title at the National Land Agency (BPN), the return of ownership rights to the original owner, and legal liability claims against related parties, including the Land Deed Official (PPAT). Furthermore, a defective Deed of Sale and Sale can still be used as evidence to demonstrate an unauthorized transfer of rights, thus granting the injured party the right to demand restoration of the original condition, including the return of payments. Keywords: Legal Status; Lawsuits; Sale and Purchase Deeds; Transfer of Rights.
Legal Consequences of Wills Not Made in the Form of an Authentic Deed
Abstract. A will is a legal instrument for conveying a person's wishes regarding the distribution of assets after death. In Indonesian law, the provisions of wills are regulated in the Civil Code (KUHP) and the Compilation of Islamic Law (KHI). The KUHP only recognizes wills made formally through a notarial deed, while the KHI is more flexible, allowing both written and oral wills, as long as they comply with sharia principles and can be proven to be true. This study examines the legal status of oral wills not stated in a notarial deed through a case study of PA Decision Number 196/Pdt.G/2016/PA.Tkl and PTA Decision Number 111/Pdt.G/2017/PTA.Mks, using normative juridical methods and a statutory approach. The results of the analysis indicate that a will without an authentic deed is not automatically null and void. The court has the authority to assess its validity based on the evidence presented. This emphasizes the importance of public understanding, especially Muslims, regarding the legal implications of the form and content of wills to avoid potential conflicts. This research is expected to contribute to the development of Islamic inheritance law in Indonesia, as well as serve as a reference for legal practitioners, academics, and the public in understanding the legal aspects of implementing wills in religious courts. Keywords: Islamic Inheritance Law; Notarial Deed; Oral Will.
Legal Protection for Legitimate Owners in Disputes Over Dual Certificate Ownership Due to Unlawful Acts
Abstract. This study aims to analyze the legal protection provided to legitimate owners in dealing with disputes over ownership of duplicate certificates and the legal remedies that can be taken in response to such unlawful acts. The research approach uses a normative juridical method by reviewing laws and regulations, court decisions, and related legal literature. The analysis refers to several key regulations, namely Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), which regulates land ownership rights and dispute resolution mechanisms; Law Number 4 of 1996 concerning Mortgage Rights; and Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In addition, legal protection is also based on the provisions of the Civil Code (KUHPerdata), specifically regarding unlawful acts (Article 1365 of the KUHPerdata), which allows legitimate owners to file lawsuits for compensation and cancellation of duplicate certificates. The results of the study indicate that legal protection for legitimate owners still faces obstacles such as complex land administration bureaucracy and the potential for corruption, as well as weak coordination between relevant institutions. Therefore, it is necessary to strengthen legal mechanisms by increasing transparency and accuracy in land administration, as well as strict law enforcement against unlawful acts that result in the issuance of duplicate certificates. Legitimate owners can pursue civil and criminal legal remedies, including filing lawsuits for unlawful acts, to obtain legal certainty and restitution of their rights. This study provides strategic recommendations for the government and relevant institutions in improving the land administration system and strengthening legal protection to achieve justice for legitimate landowners and reduce duplicate certificate disputes in Indonesia. Keywords: Disputes; Dual Certificates; Legal Protection.
Notary Problems in Legal Counseling Regarding Marriage Contracts
Abstract. This study aims to determine the role of notaries in providing legal counseling to married couples regarding marriage agreements, identify the obstacles faced, and formulate solutions to improve the quality of legal counseling. This study uses a normative legal method with a descriptive qualitative approach and uses secondary materials through literature studies. The results of the study show that the implementation of the role and responsibilities of notaries in providing legal counseling to married couples regarding marriage agreements includes the entire series of initial consultations, counseling regarding content & procedures, drafting the deed with intensive communication, final reading and explanation, ensuring that the parties understand, obtain legal protection, and prevent potential disputes. The obstacles faced by notaries in carrying out legal counseling are due to the lack of legal literacy of married couples, local social and cultural stigma, limited time and administrative burdens, lack of socialization of the Constitutional Court decision No. 69 / PUU-XIII / 2015 regarding agreements that can be made after marriage. The solutions implemented by notaries to improve the effectiveness and quality of legal counseling to husbands and wives regarding marriage agreements include providing special time for consultations, collaborating with traditional/religious leaders and using local languages, conducting gradual pre-deed consultations, implementing digital services, and collaborating with the KUA/Dukcapil/Government. Keywords: Legal Counseling; Marriage Agreement; Notary; Roles and responsibilities.
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.)
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 Effectiveness of the Certificate of Inheritance Issued by the Sub-district in the Transfer of Land Rights Due to Inheritance in the Boyolali District Area
Abstract. This study aims to analyze: 1) Procedures for the issuance of a Certificate of Inheritance issued by the sub-district in the transfer of land rights due to inheritance in the Boyolali District area. 2). Effectiveness of the Certificate of Inheritance issued by the sub-district in the transfer of land rights due to inheritance in the Boyolali District area.This type of research falls within the scope of empirical legal research. The approach used is a sociological-juridical approach. The data types and sources used are primary and secondary data, obtained from interviews and literature studies. The analysis is descriptive and analytical. The following conclusions are drawn from the research results: 1). Procedures for implementing the issuance of a Certificate of Inheritance issued by the sub-district in the transfer of land rights due to inheritance in the sub-district areaBoyolali includes applications, collecting administrative requirements, filling out forms or making a statement of heirs independently and ratification. 2) Problems occurred only once in Winong Village in 2019 where the applicant added data on heirs that were not real. This problem made the SKW declared invalid. Obstacles that often occur in Pulisen, Siswodipuran and Winong Villages are more related to internal problems of the applicant, such as the lengthy process of collecting the heirs' signatures. Effectiveness Analysis refers to the criteria for legal effectiveness according to Soerjono Soekanto which include legal factors, law enforcement, facilities, society, and culture. The Certificate of Inheritance in the transfer of inheritance rights issued by the village in Boyolali District shows significant effectiveness. Keywords: Certificate of Inheritance; Sub-district; Transfer of Rights.
Protection of Husband or Wife's Property through Marriage Agreements in National Law
Abstract. This study aims to analyze the legal protection of marital assets through the creation of a marriage agreement deed from a national legal perspective. This study uses a normative legal research method with a statutory and conceptual approach. Data were obtained through a literature study covering primary, secondary, and tertiary legal materials. The results of the study indicate that legal protection of marital assets is based on the principle of freedom of contract as regulated in Article 1338 of the Civil Code and Article 29 of Law Number 1 of 1974 concerning Marriage. A marriage agreement provides certainty of asset status, limits liability for personal debts, and guarantees the ownership rights of each party in accordance with Philipus M. Hadjon's preventive legal protection theory. The notary's authority in making deeds is based on Article 15 paragraph (1) of the Notary Law, with formal, normative, and substantive responsibilities to guarantee a valid, authentic deed. A marriage agreement deed that meets formal and material requirements and is registered with the authorized agency has legal force that binds the parties and third parties. Thus, a prenuptial agreement becomes an important instrument in providing legal protection and certainty for the assets of husband and wife. Keywords: Assets; Legal Protection; Marriage Agreement; Notary.
Legal Consequences of Notary Negligence in Deeds: The Perspective of the Law on Positions and Consumer Protection
Abstract. This study aims to examine the legal consequences of notary negligence in making deeds that harm third parties, viewed from the perspective of the Notary Law (UUJN) and the Consumer Protection Law (UUPK). The focus of the study covers three main things: the legal responsibility of notaries according to the UUJN, legal protection for third parties according to the UUPK, and the form of legal responsibility of notaries for losses to third parties due to their negligence. The method used is a sociological juridical approach with descriptive-analytical specifications. This approach combines normative studies of laws and regulations with empirical analysis through case studies. Two cases were used as analysis materials, namely the case of Notary Yustiana Servanda (Demak, 2025) and the case of Ali Machmudi (2019), to illustrate how notary responsibility is applied in practice. The results of the study indicate that notary negligence in making deeds that harm third parties can result in administrative sanctions, civil liability, and even criminal penalties if there is gross negligence or forgery, according to the Notary Law and Article 1365 of the Civil Code. Under the Consumer Protection Law, third parties have the right to file civil lawsuits, administrative complaints, and obtain compensation. Notaries remain liable as service providers, with obligations to conduct accurate verification, meet professional standards, and safeguard and protect the legal rights of all parties, both preventively and repressively. Keywords: Consumer; Deed; Negligence; Notary; Protection.
Legal Protection for the First Certificate Holder Upon the Issuance of a Duplicate Certificate
Abstract. This study aims to analyze the legal protection for the first certificate holder in the case of the issuance of duplicate certificates and to determine the factors causing the emergence of duplicate certificates and how the Supreme Court's legal considerations in Decision No. 189K/Pdt/2011. This type of research is normative juridical with a statutory, conceptual, and case approach. The results of the study indicate that the first certificate holder has strong legal protection and its position is recognized as more legitimate than subsequent certificates. The causes of the issuance of duplicate certificates include administrative errors, negligence, or unlawful acts. The Supreme Court's considerations in the decision emphasize that the first certificate must take precedence for legal certainty. Thus, legal protection for the first certificate holder is an important part of ensuring legal certainty in the Indonesian land system. Keywords: Certificates; Dual Certificates; Legal Certainty; Legal Protection.
Effectiveness of the Complete Systematic Land Registration Program (PTSL) In Rembang Regency
Abstract. This study aims to analyze: 1) The implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency. 2) Obstacles and solutions to the implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency. This type of research is sociological juridical research. The approach method in this study is a descriptive analytical approach. The types of data in this study are primary data and secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses field studies and literature studies. The analysis in this study is qualitative. The results of the study concluded: 1) The implementation of complete systematic land registration (PTSL) at the BPN/ATR of Rembang Regency, especially Sarang District, was carried out in accordance with Presidential Instruction Number 2 of 2018 and Regulation of the Minister of ATR/BPN Number 6 of 2018, with effective coordination between the BPN, local government, village officials, and the community. The 100% target by 2024 was achieved, providing positive impacts in the form of legal certainty, protection of ownership rights, orderly land administration, increased access to financing, and public legal awareness. This PTSL is in line with the theory of legal certainty, legal protection, the legal system, law enforcement, and the principles of Islamic justice that affirm equal rights to land. 2) Obstacles to PTSL in Rembang Regency include: (a) administrative-technical, such as mistaken identity, differences in measurement results, and overlapping land plots; (b) socio-economic, such as the burden of non-BPN costs, low understanding of the benefits of certificates, and misperceptions regarding taxes; and (c) regulatory-implementation, such as suboptimal electronic certificates and lack of initial mapping of land plots. Solutions taken include strict document verification, additional measuring personnel, strengthening the role of village officials, re-measurement, community-based outreach, subsidies for non-BPN costs, NJOP-based tax education, and expanding the implementation of integrated e-certificates based on spatial and legal data. Keywords: Effectiveness; Land Registration; PTSL.
Criminal Disparity in Decisions in Cases of Theft With Violence in the Demak District Court
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 Effectiveness of Mediation Implementation in Resolution of Joint Property Disputes after Divorce in Brebes City
Abstract. Divorce is a legal event that has a significant impact on various aspects of a married couple's life, including the division of joint assets. Conflicts arising from disputes over joint assets after divorce often lead to complex problems that have the potential to disrupt social harmony and harm both parties. The purpose of this study is to analyze: 1) a legal review of the status of land ownership in the old village of Batam City according to Agrarian Law. 2) legal protection of land ownership rights in the Old Village community of Batam City after the Agrarian Law. This type of research is empirical legal research. The approach method in this research isstructural approach and cultural approach. The type and source of data in this study are primary data. Data analysis is a research activity that involves reviewing the results of data processing. The results of this study are that the implementation of mediation in resolving joint property disputes at the Brebes Regency Religious Court has demonstrated significant effectiveness as a more humane, efficient, and participatory alternative dispute resolution. The implementation of mediation based on PERMA Number 1 of 2016, supported by an understanding of Islamic law and local social dynamics, is able to produce a fairly high level of success. Despite facing various challenges such as limited resources and case complexity, it can be concluded that the effectiveness of mediation is the result of a complex interaction between internal and external factors that influence each other. Keywords: Divorce; Effectiveness; Joint Property; Mediation; Settlement.
Legal Problems in Settlementing the Sale and Purchase of Land and Buildings with Expired Building use Rights
Abstract. This study aims to analyze the legal status of the sale and purchase of HGB land objects whose validity period has expired and to identify obstacles and formulate solutions to resolve legal problems arising from these transactions. The problem-solving approach used in this thesis is a socio-legal approach with analytical descriptive research specifications. The sources and types of data for this thesis use primary data in the form of interviews and secondary data in the form of primary, secondary, and tertiary legal materials. Data collection for this thesis was conducted through interviews and literature studies, which were then analyzed using qualitative analysis. The results of the study indicate that the sale and purchase of HGB land carried out after its validity period has expired is null and void by law, because the land has the status of state land and cannot be the object of transfer of rights through sale and purchase. Obstacles found include a lack of public knowledge regarding the validity period of HGB, a weak land administration system that results in delays in data updates, and differences in legal interpretation between interested parties. The land can still be sold and purchased in 2 (two) stages, namely the sale and purchase of buildings first, and after that an application for rights from State Land to Freehold Land is made. Regarding the seller's responsibility, it has been stated in a Deed entitled Deed of Sale and Purchase of Building and Transfer of Rights made by a Notary and this deed is also a requirement for applying for rights to the Land Office in Kendal Regency. Keywords: Building Use Rights Have Expired; Deed of Sale; Purchase; Sale and Purchase; Transfer of Rights.
Legal Protection for Creditors Over Mortgage Rights Cancelled by Court Decisions (Court Decision Study) No. 136/Pdt.G/2019 Pn Ckr)
Abstract. The Mortgage Law states that land rights that can be used as collateral include Ownership Rights, Cultivation Rights, Building Rights, and Usage Rights over State land, as long as these rights must be registered in accordance with applicable provisions and have a nature that can be transferred to another party. Mortgage rights provide legal certainty for the parties in a credit agreement, especially through the principle of specialization which gives special rights to the mortgage holder to be prioritized in fulfilling performance if the debtor defaults or fails to fulfill its obligations. This research falls into the category of normative legal research, conducted by analyzing library materials or secondary data. This research uses a statute approach, which emphasizes legal material as the primary basis for conducting the research. The research results show that Decision No. 136/Pdt.G/2019/PN Cikarang annulled the Mortgage Right and created legal uncertainty, even though the UUHT should have provided certainty for creditors. This annulment emphasizes the importance of material aspects in the validity of collateral. Bank BTN has carried out credit procedures and the imposition of Mortgage Rights legally, but the debtor's actions (YPR) have given rise to a dispute. Although the debtor's principal obligations remain, the collateral loses legal force. Protection for creditors is repressive through civil lawsuits (Article 1365 of the Civil Code), internal bank mechanisms (PBI No. 7/2/PBI/2005), criminal channels, and the right to demand compensation or alternative collateral. Keywords: Certainty; Court Decisions; Mortgage Rights.
Protection of The Duties of The Notary's Office Towards Credit Guarantee Deeds of Certificates Which The Parties Refuse to Sign (Case Study Case Number 10/Pdt.G/2023/Pn.Pti)
Abstract. Notaries are authorized to create authentic deeds under the Notary Law, including credit agreements secured by certificates to provide legal certainty for creditors and debtors. However, in practice, disputes often arise when one party reneges on their signature, as in Pati District Court Decision Number 10/Pdt.G/2023/PN.Pti. This situation emphasizes the need for legal protection for notaries who have carried out their duties in accordance with the provisions, so that they are not burdened with responsibility for the actions of parties who do not act in good faith. This study analyzes the protection of the notary's position and also analyzes the judge's considerations in the decision. This study uses a normative juridical approach, employing a statute approach and a case approach. This type of research is normative. The data sources and types are secondary data obtained through literature review. The analysis is prescriptive. The results show that in the legal protection of professional positions, a notary can undertake two legal protection measures: preventive measures to prevent disputes from arising, and repressive measures through the courts. In the judge's considerations in case number:10/Pdt.G/2023/Pn.Pti, emphasized that legal reasoning must be based on facts, evidence, and applicable legal regulations. This dispute stems from the plaintiff's claim that he never signed a power of attorney or credit guarantee deed. However, it was legally proven that there was a Special Power of Attorney dated February 28, 2013, signed by the plaintiff. Because the plaintiff could not prove any forgery of the signature, the lawsuit was rejected in its entirety by the panel of judges. This decision emphasizes the importance of the principle of legal certainty. As long as there is no criminal decision related to forgery, the deed and power of attorney remain valid. Keywords: Credit; Guarantee; Notary; Notarial Deed; Protection.
Analysis of Legal Protection of Buyers Against Breach of Performance in The Deed of Sale of Land Pledge at The People's Credit Bank
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.
Notary's Responsibility for Providing Covernotes in Bank Credits that Result in Losses for Banking Institutions
Abstract. Indonesia, as a country based on the rule of law, places notaries as key officials in providing legal certainty through authentic deeds, in accordance with the UUJN (National Law). In banking practice, notaries often issue covernotes as a certificate of progress in processing credit guarantees. Although not an authentic deed, covernotes serve as a basis for bank trust in credit disbursement, supported by the principles of trust and freedom of contract. However, the unclear regulations regarding covernotes have implications for the potential legal liability of notaries. If a bank suffers losses due to the notary's negligence or default in the covernote, the notary can be held liable for civil damages and administrative sanctions. Notaries are required to act carefully and professionally when issuing covernotes. This research uses a normative legal method with an approachstatute approach and analytical approachThe data used are secondary data covering primary, secondary, and tertiary legal materials. Data analysis was conducted prescriptively. The conclusion of this study identifies factors that contribute to bank losses due to notary cover notes. From a legal perspective, cover notes do not have the binding legal force of an authentic deed and are not explicitly regulated, creating uncertainty. Technically, banks rely too heavily on cover notes, making them vulnerable to the risk of problematic collateral. Professional ethics open up opportunities for abuse. Notaries bear significant responsibility for bank losses in civil, criminal, and ethical/disciplinary matters. Risk mitigation requires notaries to exercise caution in issuing cover notes, as well as careful examination, verification, transparent communication, and strengthening internal procedures by banks. Keywords: Bank Credit; Covernote; Notary Responsibility.
The Role of a Notary in The Establishment of a Limited Liability Company Towards Foreign Investors
Abstract. The role of a notary in the establishment of a Limited Liability Company (PT) for foreign investors, the role of a notary in this process is very strategic, because the notary does not only function as a public official who pours the will of the parties into an authentic deed, but also as a gatekeeper who ensures that all legal requirements have been met through a proactive role and implementation of due diligence by the notary. The purpose of this research is to analyze: 1) The role of a notary in ensuring the fulfillment of legal requirements for the validity of the deed of establishment of a limited liability company for foreign investors. 2) formulate the contribution of a proactive notary role in minimizing the potential for legal disputes arising from the invalidity of the limited liability deed of establishment for foreign investors. The approach used in this research is a statute approach. This type of research is normative legal research. The data used in this study are secondary data obtained through literature review. The analysis is prescriptive in nature. The results of the study concluded: 1) The role of a notary in the establishment of a limited liability company for foreign investors based on the explanation of Article 1 and Article 15 paragraph (1) of Law Number 2 of 2014 in conjunction with Law Number 30 of 2004 concerning the Position of Notary is not enough to simply express the wishes of the parties, but also requires a proactive role and strategy that must be carried out by the notary at every stage of the establishment of a PT in order to ensure that the legal requirements have been met and minimize disputes that may arise in the future. 2) The legal basis for the establishment of a PT PMA does not only depend on one regulation, but is a combination of several complementary laws and regulations such as: UUPT, Job Creation Law, PP No. 5 of 2021, BKPM Regulations, Presidential Regulations, Permenkumham, although the main pillar that supports all these regulations is Law Number 25 of 2007 concerning Investment. In establishing a PT PMA, various requirements must be met, both material requirements that are directly related to the substance of the company's establishment and formal requirements that are procedural and administrative in nature and must be met so that the PT PMA that is established obtains the status of a legitimate legal entity. Keywords: Company; Investors; PT PMA; Role of Notary.
The Substitute Notary's Responsibility for Errors in the Deed He/She Made
Abstract. This study aims to analyze: 1) The duties and authorities of a Substitute Notary. 2) The responsibilities of a Substitute Notary if there is an error in the making of the deed he made. The approach method used in this study is an empirical juridical approach. The type of data uses primary data and secondary data obtained through interviews and literature studies. The data analysis method used in this study is qualitative descriptive analysis. The results of the study concluded: 1) The duties and authorities of a Substitute Notary are that a substitute Notary has the same duties and authorities as the replaced Notary or the Appointing Notary. Article 2 Paragraph 1 of Law Number 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning the Position of Notary, which states that a 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. The authority that exists in a Notary does not come from other government institutions, but rather the authority that is based on and granted by the Law. 2) The responsibility of the Substitute Notary if there is an error in making the deed he made is the same as the notary he appointed. Notary Abdul Moethalib Wahab above is an individual responsibility, the notary's actions are proven to have committed the crime of forgery of documents. Criminal responsibility for notaries is regulated in the Criminal Code, if the notary commits the crime of forgery of documents, as referred to in the criminal provisions regulated in Article 263 paragraph (1) and Article 264 paragraph (1) of the Criminal Code. Notaries who are proven guilty of a crime and have permanent legal force cannot be immediately dismissed dishonorably by the Minister of Law and Human Rights due to the uncertainty in the regulations of the Law on the Position of Notary, as contained in Articles 12 and 13 of the Law on the Position of Notary. Keywords: Criminal; Responsibility; Substitute Notary.
Responsibilities of Notaries/PPAT in Ensuring Legal Certainty Regarding The Delivery of Land Rights Certificates by Developers to Buyers
Abstract. This study examines the responsibilities of Notaries and Land Deed Officials (PPAT) in ensuring legal certainty regarding the transfer of land title certificates by developers to buyers. Problems often arise when developers fail to hand over certificates even though buyers have fully paid their obligations, thus creating legal uncertainty and harming consumers. This study uses a normative juridical method with a statute approach. Data were obtained through literature review and analyzed qualitatively using descriptive-analytical methods. The results show that Notaries/PPATs have the responsibility to ensure that the deeds they make meet formal and material requirements, and play a preventive role in protecting buyers' rights. Therefore, strengthening regulations and oversight mechanisms is needed to ensure legal certainty. Keywords: Certificate; Developer; Legal Certainty; Notary; PPAT.
Effectiveness of Land Registration for Former Customary Land Rights in Temanggung Regency
Abstract. This study aims to analyze: 1) The effectiveness of the implementation of land registration for former customary land ownership in Temanggung Regency. 2) Obstacles and solutions in the implementation of land registration for former customary land ownership in Temanggung Regency. This type of research is non-doctrinal research. The approach method in this study is a sociological juridical approach. The types of data in this study are primary data and secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses interviews and literature studies. The analysis in this study is prescriptive. The results of the study concluded: 1) The effectiveness of the implementation of land registration for former customary land ownership in Temanggung Regency has been running quite well because it is supported by a clear legal basis in the UUPA, the implementation of structured registration stages by the Land Office, and government programs such as PTSL and LARASITA which facilitate public access. Public participation in registration shows positive acceptance, although it is still influenced by the level of understanding of local law and culture, so that its effectiveness is gradual and not yet fully evenly distributed throughout the region. Based on Soerjono Soekanto's theory of legal effectiveness, the effectiveness of land registration of former customary land rights in Temanggung is influenced by five factors, namely: legal substance in the form of UUPA and its implementing regulations which serve as a normative basis, law enforcement structure through the active role of the Land Office and village officials, facilities and infrastructure in the form of PTSL and LARASITA programs, community factors with a level of legal awareness that is starting to increase although not evenly distributed, and cultural factors that indicate a shift from customary law to a more orderly national law. 2) Obstacles in the implementation of land registration of former customary land rights in Temanggung Regency are normative obstacles related to proving rights to customary land, structural obstacles in the form of limited human resources and institutional coordination, technical obstacles in land measurement and boundaries, cultural obstacles in the form of low legal awareness of the community, and economic obstacles in registration costs. The solutions taken include strengthening regulations, increasing the capacity of apparatus, utilizing digital technology, increasing legal awareness of the community, and providing registration fee subsidies. Keywords: Effectiveness; Former Customary Land Rights; Land Registration.
The Position of Land Certificates as Proof of Ownership in Resolving Land Rights Disputes in Mining Areas
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.
Responsibilities of The Curator as The Party Selling Bankruptcy Assets On Behalf Of The Bankruptcy Debtor Based On Bankruptcy Law
Abstract. Bankruptcy has legal consequences or broad implications in the field of property law, whereby all of the debtor's assets will be managed by the trustee to pay off their debts. With bankruptcy, as stated in Article 69 of the UUK-PKPU, the trustee has several powers, such as the power to sell the bankrupt debtor's assets listed in the bankruptcy estate. The purpose of this research is to analyze the responsibilities of the trustee in the public sale of bankruptcy assets through the State Property and Auction Service Office and the role of the trustee in the direct public sale of collateral in the presence of the Land Deed Official based on the principle of fairness. This research uses normative legal research. The type and source of data used are derived from secondary data using primary, secondary, and tertiary legal materials. The data collection method in this research is literature review, and the data analysis method is qualitative. Based on the results of the research, the Curator is responsible for the sale of bankruptcy assets in the public through the KPKNL. this is a legal requirement as specified in Article 185(1) of the Bankruptcy Law, and further clarified in Ministry of Finance Regulation No. 122 of 2023 regarding Guidelines for Auction Procedures under Article 27(1). The curator has the authority to sell bankrupt assets through private transactions as regulated in Article 185(2) of the Bankruptcy Law, considering the efficiency of case resolution to prevent a decrease in the value of the bankrupt assets. To ensure legal certainty regarding the transfer of rights to bankruptcy assets, the sale of bankruptcy assets by the trustee to the buyer must be conducted in the presence of an authorized official, in this case a Public Notary who has the authority to issue an authentic deed. Keywords: Bankruptcy; Bankruptcy Assets; Trustees.
Legal Consequences of Differences in Transaction Values in Land Sales and Purchase Deeds and the Real Prices Before The Land Deed Official
Abstract. This study aims to determine and analyze the legal consequences arising from the difference in transaction value in the land sale and purchase deed with the real price before the Land Deed Making Officer and to determine and analyze the legal responsibility for the Land Deed Making Officer (PPAT) for the difference in transaction value with the actual price in the Sale and Purchase Deed (AJB). This study is an empirical normative legal research, namely legal research on legal norms, legal practices and also common legal behaviors and finding legal opinions and explaining legal realities that are descriptive and value-free. The formulation of the problem that the researcher took was what are the legal consequences of the sale and purchase deed made by the PPAT related to the difference in the price that is not actual and what are the legal consequences of the sale and purchase deed that does not correspond to the real price. The results of the study explain that the validity of the Sale and Purchase Deed (AJB) made by the Land Deed Making Officer (PPAT) related to the difference in the price that is not actual causes the deed to be legally flawed. Legal consequences The difference in transaction value in the land sale and purchase deed with the real price gives rise to legal consequences in the fields of taxation and criminal law. Keywords: Differences in Transaction Value; Land Deed Making Officials; Land Sale and Purchase Deeds; Legal Consequences; Real Price.
Implementation of Complete Systematic Land Registration (PTSL) to Obtain Legal Certainty for Owners of Ready-to-Build Plots in Sungai Pelunggut Village, Sagulung District, Batam City
Abstract. This study aims to analyze: 1). The implementation of PTSL to obtain legal certainty for the owners of ready-to-build plots in Sungai Pelunggut Village, Sagulung District, Batam City. 2) The obstacles faced and their solutions in the implementation of PTSL to obtain legal certainty for the owners of ready-to-build plots in Sungai Pelunggut Village, Sagulung District, Batam City. This type of research falls within the scope of sociological or empirical legal research. The approach used is qualitative. The data types and sources used are primary and secondary data, obtained through interviews, observations, and literature review. The analysis is descriptive and analytical. The research results concluded: 1). The implementation of Complete Systematic Land Registration (PTSL) for Ready-to-Build Plots in Sungai Pelunggut Village reflects the state's efforts to guarantee legal certainty of land rights for the community. Normatively, this program is based on Regulation of the Minister of ATR/Head of BPN Number 6 of 2018, which serves as the main legal basis for every stage of implementation, from inventory, collection of legal and physical data, to issuance of certificates. From a legal structure perspective, the implementation of PTSL involves the Ministry of ATR/BPN, the Batam City Land Office, and local governments down to the sub-district level, which together are tasked with the administration and field verification processes. From a legal substance perspective, the clarity and uniformity of procedures in the regulations provide legal legitimacy to the land registration process. Meanwhile, from a legal culture perspective, the community is beginning to show a change in attitude towards respecting formal legality, although not yet fully widespread. 2). The implementation of PTSL for Ready-to-Build Plots in Sungai Pelunggut Village still faces various complex obstacles. Normative constraints arise from the lack of clear technical regulations regarding the legalization of plots originating from informal housing, leading to confusion in their implementation. Administrative constraints include weak documentation proving rights by applicants, especially for plots obtained through underhand agreements or without proof of legal ownership. Technical constraints include discrepancies between the physical condition of the land and legal data, as well as difficulties in determining land boundaries due to overlapping claims. Social constraints include low community participation and a lack of legal understanding regarding the importance of land certification. Solutions that have been implemented include legal counseling approaches, strengthening inter-agency coordination, utilizing mapping and measurement technology, and community empowerment. Keywords: Land Registration; Legal Certainty; PTSL.
Notary's Responsibility in Making Authentic Deeds Containing False Statements by The Parties with Much Knowledge
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.
Notary's Responsibility in Preventing Money Laundering Criminal Acts Regarding Registration of Suspicious Financial Transactions (TKM)
Abstract. Money laundering is a transnational crime that has serious impacts on economic stability and the integrity of the legal system. One important strategy in preventing it is the involvement of the legal profession, including notaries, in reporting Suspicious Financial Transactions (SFT). Notaries, as public officials who have the authority to make authentic deeds, are in a strategic position to detect and prevent the misuse of legal transactions as a means of money laundering. This study aims to analyze national and international legal regulations regarding the obligations and responsibilities of notaries, evaluate the forms of legal responsibility of notaries according to Law Number 8 of 2010 and the Law on Notary Public Positions, and assess the effectiveness of the existing SFT reporting mechanisms and procedures, whether they reflect the principles of legal certainty, legal protection, and the effectiveness of preventing the crime of money laundering. This research uses a normative juridical method with a legal approach, concepts, and legal theory, and uses secondary data in the form of laws and regulations, official documents, legal literature, and previous research results. The research results show that national and international legal regulations regarding the obligations and responsibilities of notaries in preventing money laundering crimes, particularly regarding the registration of TKM, have been expressly regulated through Law Number 8 of 2010, which makes notaries the reporting party and is strengthened by guidelines from the Financial Transaction Reports and Analysis Center (PPATK) and international standards such as the FATF Recommendations. Notaries are required to report suspicious transactions as part of the national strategy to prevent and eradicate money laundering crimes, although there are still challenges in harmonizing norms and technical implementation at the practical level. The forms of legal responsibility of notaries in relation to TKM reporting include administrative, civil, and criminal responsibilities, as regulated in the TPPU Law and the Notary Law. Notaries can be subject to sanctions in the form of warnings, revocation of office permits, civil lawsuits due to negligence, and even criminal charges if proven to have deliberately ignored reporting obligations. Thus, this legal responsibility confirms that the notary profession is not only ethically but also legally responsible in supporting efforts to prevent money laundering crimes. The mechanisms and procedures for TKM reporting by notaries as regulated in legislation do not fully reflect the principles of legal certainty, legal protection, and effectiveness. Although normatively there is an adequate legal basis available, in practice there is still technical ambiguity, overlapping norms, low understanding of reporting obligations among notaries, and a weak institutional support system. Keywords: Legal Responsibility; Money Laundering; Notary; PPATK; Suspicious Financial Transactions.
Responsibilities of Land Deed Officials (PPAT) in Land Disputes Due to Sale and Purchase Deeds Drawn in Their Presence (Study of Semarang High Court Decision Number 117/PDT/2023/PT SMG)
Abstract. The preparation of a deed of sale and purchase must be carried out before a Land Deed Making Officer (PPAT), a public official authorized to draw up authentic deeds. However, in practice, disputes often arise when the deed does not meet the formal and material requirements as stipulated in laws and regulations. This study aims to analyze the PPAT's responsibility in land disputes resulting from a deed of sale and purchase drawn up before him, as well as to explore the legal consequences of such a deed. This research uses a normative juridical approach with a case study of Semarang High Court Decision Number 117/PDT/2023/PT SMG. This research is qualitative. The data types and sources in this study are secondary data obtained through library research. The analysis in this study is descriptive, conducted using the theory of justice and the theory of legal responsibility. The research results show that Land Deed Officials (PPAT) can be held accountable administratively, civilly, and even criminally if proven negligent or intentionally violating provisions. In the case studied, the Deed of Sale and Purchase was declared legally invalid due to the failure to fulfill material requirements, namely the unpaid payment and the non-compliance of the transaction value with the parties' agreement. As a result, the deed lost its validity as an authentic deed and impacted the restoration of land rights to the injured party. The preparation of a deed of sale and purchase must be carried out before a Land Deed Making Officer (PPAT), a public official authorized to draw up authentic deeds. However, in practice, disputes often arise when the deed does not meet the formal and material requirements as stipulated in laws and regulations. Keywords: Land Deed Making Official (PPAT); Land Dispute; Sale and Purchase Deed.
Problems by Notaries Regarding The Deed of Establishment of a Limited Liability Legal Entity Related to The Online Single Submission (OSS) System Licensing in Semarang City
Abstract. Commercial or operational business permits are issued by the OSS Institution for and on behalf of the Minister, Head of Institution, Governor, or Regent and Mayor after the business actor obtains a business permit and to carry out commercial or operational activities by fulfilling the requirements or commitments. The OSS Institution is responsible for issuing Business Identification Numbers (NIB), location permits, and business permits. Basically, this regulation aims to cut down the complicated process of issuing business permits. The purpose of this study is to find out, analyze / analyze: 1) How to make a limited liability company deed 2) the effectiveness of business permit registration through the Online Single Submission (OSS) system for registration of Limited Liability Company Legal Entities (PT) by a Notary as a means of One-Stop Integrated Licensing Services (PPTSP) in the Semarang City area. 3) obstacles and solutions faced in using the Online Single Submission (OSS) system for registration of Limited Liability Company Legal Entities (PT) in the Semarang City area. The approach method used in this research is sociological juridical, namely legal research conducted on the real conditions of society or the community environment with the aim and objective of finding facts (fact-finding) and then identifying them (problem-identification) and ultimately leading to problem solving (problem-solution). The results of the study are: 1) How to make a limited liability company deed. 2) The effectiveness of registering a business permit through the Online Single Submission (OSS) system for the registration of a Limited Liability Company (PT) Legal Entity by a Notary as a means of the One-Stop Integrated Licensing Service (PPTSP) in the Semarang City area is still ineffective because the implementation of OSS in Semarang City from the beginning of the issuance of Government Regulation No. 24 of 2018 concerning Electronically Integrated Business Licensing Services in the first year for the administration of legal entities still causes problems. 3) The obstacles faced include the system still tends to be weak. The OSS system does not carry out the licensing process as a whole. Many business actors establishing a limited liability company (PT) still need the help of consultants to fill out the forms in the OSS system. Keywords: Legal Entity; Limited Liability Company; OSS.
The Role of Notaries in Supporting Efforts To Settle Problem Credit at People's Credit Banks
Abstract. Banks in running their business to provide loan/credit services to the public really need Notaries and PPAT to assist in making notarial deeds of agreements and binding collateral. In making credit agreements, of course, the Bank and the borrowing customer (debtor) must pay attention to the contents of the credit agreement they signed, starting from the definition, obligations arising from the agreement, and the consequences of default that provide certainty to the bank to be able to make settlement efforts and provide legal protection in accordance with the provisions of applicable laws and regulations. This study aims to determine the role of notaries in providing support to banks in efforts to resolve their problem loans and also to determine the obstacles notaries face in providing support to banks for the resolution of problem loans. The problems in this study are analyzed using the theory of legal certainty and the theory of legal protection. The research approach uses a sociological juridical approach, which is qualitative in nature with the research specification being descriptive analysis and data analysis using qualitative descriptive methods. The primary data collection method was obtained through guided interviews with related parties, supported by secondary data obtained from the literature as supplementary reference material. The results of this study The role of Notaries in supporting efforts to resolve problematic loans in banks include ensuring the perfection of the deed made by the notary must be in accordance with the provisions in order to have binding legal force, Conducting ratification of the addendum to the credit agreement on efforts to resolve problematic loans through credit restructuring in accordance with the provisions, Providing clear legal education to debtors in order to better understand their obligations and rights as well as the legal consequences of the impact of default that occurs and can assist the Bank in the AYDA (Collateral Taken Over) process by making a PPJB (Sale and Purchase Binding Agreement) so that sales can be carried out in the future. The obstacles are the busy schedule of the notary himself to carry out the addendum agreement, and the existence of an APHT process that has not been completed but the credit is about to mature and is problematic due to the provisions of the stages at the land office. And the suggestion is that Notaries must be professional in accordance with the Notary Law by upholding the code of ethics. Notaries in carrying out collateral binding must pay attention to the Laws that regulate guarantees in accordance with the Fiduciary Guarantee Law and the Law on Mortgage Rights. Notaries can provide legal education to problem debtors at partner banks when making addendum agreements for credit restructuring or other matters. Keywords: Banks; Credit; Efforts to Resolve Problematic Credit; The Role of Notaries.
Legal Consequences of the Responsibility of Land Deed Officials (PPAT) in Verifying Seller and Buyer Taxes for Transfer of Land Rights in Semarang Regency
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.
Notary's Responsibilities in Providing Social Services in Sragen Regency
Abstract. This study examines the responsibility of notaries in providing social services in Sragen Regency. The focus of the study is on why the implementation of notaries' social obligations has not been optimal and what obstacles are faced in practice. This social obligation is regulated in Article 37 of the Notary Law (UUJN), which requires notaries to provide free legal services to the underprivileged. The type of research used is empirical law with a structural approach and economic analysis of law. Primary data were obtained through interviews with notaries in Sragen Regency, while secondary data were sourced from laws and regulations, literature, and legal journals. Data analysis was conducted using descriptive qualitative methods. The results of the study indicate that the implementation of social obligations by notaries is still limited to waiving notary service fees, without covering other costs such as taxes and administration. Furthermore, the lack of clear criteria for the underprivileged community makes its implementation subjective. The main obstacles include a lack of public knowledge, the absence of technical regulations, and high notary operational costs. This study concludes that the implementation of notaries' social responsibilities in Sragen is not optimal. It is recommended that there be legal counseling, regulation of criteria for service recipients, and state support so that notaries can maximize their social obligations. Keywords: Notary; Responsibility; Social Services; Underprivileged Community.
The Role of Notaries in Ensuring Legal Protection for Customers and Customization Entrepreneurs
The development of the creative industry, particularly in the field of motor vehicle customization, has created a need for clear legal protection for both customers and entrepreneurs. The existence of a Notary as a public official has an important role in providing certainty, order, and legal protection through the creation and ratification of deeds of agreement between the parties. This study aims to analyze the role of notaries in ensuring legal certainty in vehicle customization practices, identify potential disputes that may arise, and analyze legal instruments that can be used to protect the interests of both parties. The research method used is a normative juridical approach with a literature study and analysis of related laws and regulations. The results of the study indicate that authentic deeds made by notaries function as strong evidence and provide preventive and repressive legal protection. In addition, notaries also play a role as mediators who ensure that the rights and obligations of customers and entrepreneurs are stated in a balanced manner. Thus, the presence of notaries in vehicle customization transactions not only supports the growth of the creative industry but also increases public trust through guaranteed legal certainty.
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Legal Protection for Notaries for Mistakes in Deeds They Make in Decision Number 1860k/Pid/2010
Abstract. This study aims to analyze the legal protection of notaries for errors in the deeds they made in decision Number 1860K/PID/2010. The research method used is the normative juridical method with a statute approach and a case approach. The results of this study are that legal protection for notaries in this case is not optimal, because the judge does not consider the principle that notarial deeds are products of office that should be protected by law, unless there is evidence of intent or mens rea from the notary. Therefore, the recommendation of this study is the need for affirmation of norms in the Notary Law and guidelines for law enforcement officers in processing criminal cases involving notaries, in order to create legal protection, legal certainty, and justice. Keywords: Criminal Liability; Legal Protection; Notary.
Obstacles in the Implementation of Legal Protection for Auction Buyers Regarding the Employment of Auction Objects for The Execution of Mortgage Rights
Abstract. Problems often arise in the auction winner's control of the auctioned object, which is the collateral, mortgage, or other collateral. One such problem is the debtor's or third party's reluctance to leave and vacate the auctioned object. This clearly does not provide legal certainty for the guaranteed protection of the auction winner's rights. This research was conducted using normative legal research (normative legal research method). Based on the research results, it can be seen thatThe current procedure for protecting the rights of auction winners has obstacles in the form ofGuarantees for the protection of rights for auction winners in the Regulation of the Minister of Finance of the Republic of Indonesia Number 122 of 2023 (PMK 122/2023) have not been specifically regulated. The auction can only be canceled by the request of the Seller or a provisional decision or decision from a general judicial institution, as regulated in the Regulation of the Minister of Finance (PMK) Number: 93/PMK.06/2010. Many debtors are reluctant to hand over the HT collateral object for auction, resulting in obstacles in the process of clearing the auction object after the auction. Intervention by third parties who feel disadvantaged by the auction can hinder the process. Keywords: Auction; Law; Mortgage; Protection.