The Status of Proving Electronic Land Certificates Based on The Regulation of The Minister of ATR/BPN Number 1 of 2021 About Electronic Certificates
Keywords:
Electronic Land Certificate, Ministerial RegulationAbstract
The danger that threatens physical land certificates is the reason for the birth of STE, the legal basis for STE is the Ministerial Regulation of ATR/BPN Number 1 of 2021 concerning Electronic Certificates. This study aims to find out the position of STE based on the Ministerial Regulation and the position of STE as evidence in court. The type of normative legal research, legal approach, conceptual approach, descriptive in nature, this research is in the form of an exploratory assessment. The results of this study show that the evidentiary position of STE based on the Minister of ATR/BPN Number 1 of 2021 is one of the ministerial regulations whose existence has been recognized, has binding legal force, this STE does not delete physical land certificates. The position of STE is equivalent to the position of physical land certificates. The evidentiary position of STE as evidence in court is based on the legal basis of STE, namely the Law and other regulations, the evidentiary position of STE in court is a recognized evidence (an extension of evidence in Indonesia), and has legal force as long as the process of issuing STE is carried out in accordance with the Ministerial Regulation of ATR/BPN Number 1 of 2021. Advice that can be given to the government and relevant authorities to continue to monitor and evaluate the land system which has now switched to electronic, because the increasingly advanced technology is accompanied by technological hackers who are increasingly prevalent, so to avoid that it is specifically for the authorized officials to continue to periodically check their security systems. The use of STE can be said to be the latest innovation in the land system, the authorized officials should also promote socialization to the community so that the public can know the changes in the current land system.
References
A. Book
Lanka, Asmar, and Samsul Fadli, Legal Discovery Method, UII Press First Edition, Yogyakarta, 2019.
Ardiansyah, Defense Legal Policy, Deepublish, Yogyakarta, 2022.
Boedi, H. Indonesian Agrarian Law, Association of Land Law Regulations, Djambatan, Jakarta, 2009.
Koesparmono, Irsan, and Armansyah, A Guide to Understanding the Law of Proof in Civil Law and Criminal Law, Gramanata Publishing, Bekasi, 2019.
Muhaimin, Legal Research Methods, Mataram Uiversity Press, Mataram, 2020.
Rifa’i, I. J., Purwoto, A., Ramadhani, M., Rusydi, M. T., Harahap, N. K., Mardiyanto, I., ... & Surasa, A. (2023). Metodologi Penelitian Hukum. Sada Kurnia Pustaka.
Syahrum, M. Introduction to Legal Research Methodology: Normative Research Studies, Empirical, Proposal Writing, Thesis Reports and Thesis. 2022.
Faculty of Law, Malikussaleh University, Final Project Writing Guidebook, Lhokseumawe, 2019.
Wahyuni, et al., Reflection on the Year-End of the 2021 Umsida Academics Recording Traces of Wisdom at the End of the Pandemic Period, Umsida Press, Surabaya, 2023.
B. Laws and Regulations
Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flats, and Land Registration.
Decision of Civil Case at the Mimika Religious Court Number: 66/Pdt.G/2023/PA. Mmk on July 17, 2023.
Criminal Case Decision at the Central Jakarta District Court Number: 777/Pid.B/2016/PN. JKT PST dated October 24, 2016.
Republic of Indonesia, Constitution of the Republic of Indonesia 1945.
Republic of Indonesia, Law Number 11 of 2020 concerning Job Creation.
Republic of Indonesia, Law Number 19 of 2016 concerning Information and Electronic Transactions.
Republic of Indonesia, Law Number 5 of 1960 concerning Agrarian Principles.
C. Journals and Online Publications
Adinegoro, 2023, Challenges in the Implementation of Electronic Land Certificates at the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency of the Republic of Indonesia, Journal of Notary Science, Vol. 4, No. 2.
Agustina, E, 2021, Juridical Study of the Electronic Land Rights Certificate Issuance Program, Journal of Solutions, Vol. 19, No. 3.
Aldani, Alam, 2023, Legal Certainty of Land Registration Through PPAT Officials Online Using the Ministry of Agrarian and Spatial Planning/National Land Agency (BPN) Application, Journal of Scientific Research, Vol. 2, No. 9.
Alimuddin, Nur Hidayani, 2021, Implementation of Electronic Certificates as a Guarantee of Legal Certainty of Land Rights Ownership in Indonesia, Journal of Legal Sciences, Vol. 27, No. 3.
Allagan, Destriana, 2022, The Role of Land Deed Making Officials in Land Administration through Electronic Land Certificates, Journal of PALAR (Pakuan Law Review), Vol. 8, No. 1.
Amrin, 2023, The Urgency of Resolving Land Cases Through Electronic Mediation in the Era of Disruption, Journal of Land, Vol. 13, No. 1.
Anwar, Nur Syamsi, 2019, Analysis of Digital Transactions of Cryptocurrncy as a Global Invention in the Perspective of Islamic Law, Thesis, Faculty of Islamic Religion, University of Muhammadiyah, Makassar.
Ardani, 2022, The Problem of Land Administration Order through Fair Land Registration Activities, Indonesian Journal of Legal Development, Vol.4, No. 3.
Arrizal, Nizam Zakka, and Muhammad Ali Fauzi, 2022, Legal Aspects of Electronic Certificates in the Land Registration System in Indonesia, Legal Scientific Journal, Vol. 9, No. 1.
Assidiqih, Gandi, 2022, Juridical Review of Electronic Land Certificates as Proof of Land Ownership in Indonesia, Journal of the Faculty of Social Sciences and Law, State University of Surabaya, Vol. 1, No. 2.
B, Prasetyo, D. & Saefudin, A, 2023, Digitalization of Land Service Innovation: Online Certificate Checking at the Purbalingga Regency Land Office, Land Journal, Vol. 13, No. 1.
B, Suharto, & Supadno, S, 2023, Obstacles in the Implementation of the Complete Systematic Land Registration Program (PTSL), The Indonesian Journal of Public Administration, Vol. 9, No. 1.
Dewi, et al., 2023, The Legal Power of Digital Signatures in Proving Civil Disputes According to Law Number 11 of 2008 concerning Information and Electronic Transactions, Scientific Journal of Raad Kertha, Vol. 6, No. 2.
dtesis.com, https://idtesis.com/penelitian-hukum-dikelompokkan-berdasar-sifat-dan- focus-study/, Accessed on May 1, 2024.
Fadhly, Bayukri, 2022, Analysis of the Implementation of Online-Based Public Services in the Modern Revolution at the Office of the National Land Agency (BPN) of Nagan Raya Regency, Journal of Research and Community Service, Vol. 1, No. 9.
Febrianti, 2021, Legal Protection for Electronic Land Rights Certificate Holders, Indonesian Notary, Vol. 2, No. 3.
The Elmo Ra'is Cluster, Still Has Our Country's Morals, Pro Legal, Website, http://www.prolegalnews.id/m/Menu-Berita/Opini/Masih-Punya-Moralkah-Aparat-Penegak-Hukum-Kita-.htm. Accessed on March 8, 2024.
Handayani, Apik, and Reni Anggriani, 2022, Digital Transformation of Land Certificates by PPAT in Kulon Progo Regency, Journal of the University of Muhammadiyah Yogyakarta, Vol. 2 No. 1.
Hidayat, A. 2021, Critical Review of the Book "Legal Research" Peter Mahmud Marzuki Ad Quem Legal Research on Norms, Legal Scientific Journal, Vol. 7, No. 2.
Ismail, 2011, Certificate as Evidence of Land Rights in the Judicial Process, Journal of Legal Sciences, No. 53.
The Great Dictionary of Indonesian, Definition of Signatures, https://kbbi.web.id/tandatangan, accessed July 17, 2024.
Liviani, Habibi, 2023, Information Technology Crime (Cyber Crime) and Its Countermeasures in the Indonesian Legal System, Al-Qanun, Journal of Islamic Legal Thought and Renewal, Vol. 23, No. 2.
Mujiburohman, Andari, 2023, Legal Aspects of Electronic Land Certificate Services, Al-Adl: Law Journal, Vol. 15, No.1.
Mulyani, Basri, Hairun Maksum and Johan, 2021, Development of Community Legal Awareness through Legal Awareness Villages in East Lembok Regency, Journal of the Faculty of Law, Gunung Rinjani University, Vol. 2, No. 2.
Musyarofah, Ramadhani, 2024, Realization of the Complete Systematic Land Registration Policy (PTSL) as an Effort to Accelerate Land Registration at the Jember Regency Land Office, Gudang Jurnal Multidisciplinary Ilmu, Vol. 2, No.2.
Myrna, Bahtiar, R., & Susanti, E, 2021, Digital Government in Motor Vehicle Tax Payment Based on the SAMSAT Mobile West Java Application (SAMBARA) in West Java, Journal of Public Administration, Vol. 7, No. 2.
N, Ikhsanto, F, & Rahmawati, D. E, 2024, The Use of Instagram as a Government Communication Media in the Socialization of Passport Making Procedures: Class 1 Immigration Office TPI Yogyakarta, Journal of Government Science, Vol. 5, No. 2.
Nafan, M, 2022, Legal Certainty on the Application of Electronic Certificates as Evidence of Land Rights Control in Indonesia, Tabusai Education Journal, Vol. 6, No. 1.
Nafisah, 2023, The Legal Validity of Electronic Certificates in Land Ownership Based on the Regulation of the Minister of Agrarian and Spatial Planning/National Land Agency Number 1 of 2021 concerning Electronic Certificates, Journal of Scientific Dynamics of Law, Vol. 28, No. 3.
Novita, 2022, Legal Policy of the Ministry of ATR/BPN on the Prevention of Land Mafia in the Basis of the Implementation of the Land Registration System, Thesis, Doctoral dissertation, Sultan Agung Islamic University, Semarang.
Q, Jaelani, A. & Munawaroh, S, 2023, The Application of Land Registration at Land Offices in the Surabaya City Area, Journal of Law and Justice, Vol. 12, No. 1.
Rachman, Muhammad Insany, and Evi Dwi Hastri, 2021, Analysis of Obstacles to the Implementation of the Regulation of the Minister of ATR / Head of BPN Number 1 of 2021 concerning Electronic Certificates, Journal of the University of Muhammadiyah Yogyakarta, Vol. 6, No. 2.
Ramadhani, R, 2021, Land Registration as a Step to Obtain Legal Certainty on Land Rights, Journal of Social and Economic Affairs, 2021, Vol. 2, No. 1.
Renandra, Tetama Androvaga, 2023, Legal Politics of Electronic Land Registration After the Job Creation Law, Journal of Tunas Agraria, Vol. 6, No. 1.
Sapardiyono and Sukmi Pinuji, 2022, Consistency of Legal Protection of Ownership and Land Rights through Electronic Land Certificates, Journal of Widya Bhumi, Vol. 2, No. 1.
Setiawan, Ahmad Budi, 2021, The Ecosystem for the Implementation of Electronic Certificates in Electronic Commerce Systems, Journal of Communication and Informatics, Vol. 6, No. 2.
Setyadji, Maghfiroh, 2023, Legal Consequences in Forging Letters for Land Crimes in Land Registration, Bureaucracy Journal Indonesia Journal of Law and Social Political Governance, Vol. 3, No. 1.
Shella, Shella Aniscasary and Risti Dwi Ramasari, 2022, Juridical Review of the Legal Strength of Electronic Land Certificates Based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning Number 1 of 2021, Journal of Health Law and Ethics, Vol. 2, No. 1.
Sihombing, 2021, Procurement of the Smart Family Vital Archive Online Application (Arvigadas) by the Government as a Means of Preventing Land Disputes in the Community After a Disaster, Journal of Archives, Vol. 16, No. 2.
Silviana, Ana, 2021, The Urgency of Electronic Land Certificates in the Land Registration Legal System in Indonesia, Administration Law & Government Journal, Vol. 4, No. 1.
Slamet, Titi S. and Marianne Masako Palilig, 2019, The Legal Force of Transactions and Electronic Signatures in Agreements, Paulus Law Journal, Vol. 1, No. 1.
Sukman, 2022, The Power of Proof of De Auditu Witnesses in the Perspective of Criminal Procedural Law in Indonesia, Legal Scientific Journal, Vol. 28, No. 6.
Sulma, Khairatus, 2022, The Familiarity of Electronic Signatures and Their Proof Strength in Civil Procedure Law, Journal of the Faculty of Law, Malikussaleh University, Vol. 5, No. 3.
Syamsur, and Andi Tira, 2023, Analysis of Obstacles to the Implementation of Electronic Certificates and Efforts to Solve Them in Makassar City, Indonesian Journal of Legality of Law, Vol. 6, No. 1.
Tan, 2021, Legal Research Methods: Exploring and Reviewing Methodologies in Conducting Legal Research, Nusantara: Journal of Social Sciences, Vol. 8, No.8.
Tarigan, 2021, Legal Consequences of Electronic Signatures of Digitaly Documents in Civil Proof, Rechten Journal: Legal Research and Human Rights, Vol. 3, No. 3.
Wahyudi, Johan, 2012, Electronic Documents as Evidence in Proof in Court, Perspective Journal, Vol. 17, No. 2.
Wahyudi, Johan, 2020, Electronic Documents as Evidence in Evidence in Court, Journal of the Faculty of Law, Universitas Airlangga, Vol. 17, No. 2.
Wahyuni, R. D., & Misrah, 2023, Government Policies in Efforts to Prevent and Eradicate the Land Mafia, Journal of Initiation, Vol. 12, No. 1.
Wiryana, Laura Helena, 2021, SWOT Analysis of Electronic Certificates on Land Dispute Resolution in Indonesia, Aggama Law Journal, Vol. 4, No. 2.
Yusandy, Trio, 2019, The Position and Power of Evidentiary of Electronic Evidence in Civil Procedure Law in Indonesia, Journal of Serambi Akademica, Vol. 7, No. 4.
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