KEKUATAN HUKUM SERTIPIKAT ELEKTRONIK SEBAGAI TANDA BUKTI HAK KEPEMILIKAN ATAS TANAH

Abstract

The process of granting the certificate carries out verification and validation of the identity of the applicant and contains juridical data and physical data on the land owned by the applicant. The government ratified the Regulation of the Minister of Agrarian Spatial Planning/National Land Agency Number 1 of 2021 concerning Electronic Certificates which stated that the ratification changed the basic form of land certificates which were originally in the form of documents (letters) to be electronically stored through an electronic system provided by the National Land Agency. This change raises many questions in the community whether the electronic certificate has the same legal force as the previous land certificate, so the authors formulate the problem in this study, namely how the legal power of the electronic certificate as proof of land ownership rights, using legal certainty theory and research methods normative law and legal systematic approach. Therefore, it is concluded that the legal force of electronic certificates, both in the form of electronic and printed data, is valid and has binding legal force in accordance with the provisions of the applicable procedural law in Indonesia. And its validity is proven when the electronic certificate is issued in the electronic system whose access to the electronic system database is controlled by the owner of the land.