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Original Research

IMPLEMENTATION OF THE DEED OF GRANTING DEPENDENT RIGHTS TO ELECTRONIC DEPENDENT RIGHTS CERTIFICATES (HT-EL) FOR LEGAL CERTAINTY

OLIVIANA CHRISTINA PONGOH 1, BINTAN R. SARAGIH 2, and ELSI KARTIKA SARI 3.

Vol 18, No 01 ( 2023 )   |  DOI: 10.17605/OSF.IO/GQP5V   |   Author Affiliation: Trisakti University 1,2,3.   |   Licensing: CC 4.0   |   Pg no: 1154-1165   |   Published on: 20-01-2023

Abstract

The Deed of Grant of Dependent Rights is the basis for the birth of an electronic dependent rights certificate (HT-el certificate) must obtain legal certainty. Currently, the rules require that the Deed of Grant of Dependent Rights be electronic (as if it negates face-to-face, but the implementation until now of the Land Deed Making Officer ("PPAT") still uses the original Deed of Grant of Dependent Rights with principle face-to-face because the essence of "being present before the PPAT". The electronic Deed of Grant of Dependent Rights referred to in the regulations, seems to be still vague in its implementation. This raises public concerns and doubts about the Deed of Granting Dependent Rights seems to have not met the legal certainty of the electronic dependent rights certificate (HT-el certificate). The purpose of this study is to determine the implementation of the deed of granting dependent rights to electronic dependent rights certificates for legal certainty. This type of research uses normative juridical research with a statutory approach. The nature of descriptive research using primary, secondary, and tertiary data. Data Analysis in this study was analyzed qualitatively. The Deed of Grant of Dependent Rights is an authentic PPAT Deed and as one of the main sources in the maintenance of land registration data that produces an Electronic Dependent Rights Certificate (HT-el). APHT as a basis for rights that are used as an absolute condition for the birth of the HT-el certificate, has not changed, meaning that the APHT used is the one prepared and made by PPAT based on the format of Perkaban 8/2012 which requires the parties to be present and sign before the PPAT (there is face-to-face), will be contrary to the ITE Law (which negates face-to-face).


Keywords

Deed of Grant of Dependent Rights, HT-el Certificate, Land Registration