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Original Research

LEGAL CERTAINTY ON THE APPLICATION OF ELECTRONIC CERTIFICATES AS PROOF OF CONTROL OF LAND RIGHTS IN INDONESIA

KEMAS INDRA NATANEGARA 1, YUSRIADI 2, and ANA SILVIANA 3.

Vol 19, No 03 ( 2024 )   |  DOI: 10.5281/zenodo.10902451   |   Author Affiliation: Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 1111-1126   |   Published on: 30-03-2024

Abstract

This study aims to review; 1) What is the Legal Certainty for the Application of Electronic Certificates as Proof of Land Tenure in Indonesia? 2) How is the Electronic Certificate Arrangement as Proof of Land Tenure in the Land system in Indonesia? The research method used is evaluative descriptive research. Evaluative research is basically centered on final recommendations that affirm that an object of evaluation can be maintained, improved, improved or even dismissed in line with the data obtained. The results showed that; 1 Legal Certainty on the Application of Electronic Certificates as Proof of Land Tenure in Indonesia is interpreted by: Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning land certificates is in the form of laws and regulations, Has been based on facts that have been analyzed in the consideration section, Has been formulated in a clear way, where the Ministerial Regulation is prepared in a structured manner in accordance with the rules of drafting laws and regulations, this Ministerial Regulation is not easily changed considering its relevance to current conditions. 2) Regulation of Electronic Certificate as Proof of Land Tenure in the Land system in Indonesia as follows: Electronic certificate regulations as stipulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning The land certificate is in accordance with the land law system in Indonesia, namely Law No. 5 of 1960 concerning Basic Regulations of Agrarian Principles, Law Number 11 of 2020 concerning Job Creation and Regulation of the Minister of Agrarian and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 7 of 2019 concerning the Second Amendment to the Regulation of the Minister of Agrarian State / Head of the National Land Agency Number 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 1997 on land registration; Regulation of the Minister of Spatial Planning of the Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates in which it is explained about the Land Registration Procedure to obtain an Electronic Certificate including: Electronic Certificate Issuance is carried out with land registration for the first time Then Electronic Certificate Issuance through Media Transfer and then Electronic Certificate Issuance in the context of data maintenance, then an implementing regulation is issued from The above regulations are Government Regulation Number 18 of 2021 concerning management rights, land rights, flats, and land registration, where the implementation provisions have been regulated in article 84 paragraph (1) which states that the implementation and implementation of land registration can be carried out electronically, meaning that the procedure for analog and electronic land registration is not much different from its implementation to the process of issuing certificates both in the form of Analogues and Electronics.


Keywords

Legal Certainty, Application of Electronic Certificates, Proof of Land Rights Tenure.