REVIEW OF CIVIL LAW ON ELECTRONIC LAND CERTIFICATES IN INDONESIA

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ASLAN NOOR, DENI NURYADI, MAHARANI NURDIN

Abstract

The problem faced so far is the case of multiple land certificates, which ultimately resulted in legal problems involving land disputes that are very common in Indonesia to this day. The government has issued new regulations regarding proof of land ownership, namely Minister of ATR/BPN Regulation Number 1 of 2021 concerning Electronic Certificates. This regulation will change the form of paper land certificates or land books to electronic land certificates whose data is entered into the land system. It is hoped that the presence of electronic certificates or what are usually called e-certificates can be a solution to the problem of land disputes because everything is systemized electronically and makes it easier for the public to process land ownership rights. This research aims to analyze the civil law review of the application of e-certificates in Indonesia. This research uses normative legal research. This research reveals the positive impact of the implementation of the Information and Electronic Transactions Law (UU ITE) on the civil legal system in Indonesia, especially in accommodating electronic evidence. The research results show that legal recognition of electronic transactions, especially electronic letters and electronic land certificates, provides a broader and dynamic basis for resolving civil disputes in court. The government's move to replace physical land certificates with electronic versions, as regulated in ATR/BPN Ministerial Regulation Number 1 of 2021, was also revealed as a proactive response to the challenges of certificate falsification and land ownership uncertainty. This research highlights the equal legal force between physical and electronic land certificates, ensuring that legal adaptation to digital transformation focuses on security, certainty and efficiency in the land system.

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