Electronic Land Certificate Versus Analog Land Certificate in Proof of Ownership Certainty

DOI

10.2991/978-2-38476-024-4_18How to use a DOI?

Keywords

Analog certificates; Electronic certificates; Land ownership; Legal certainty

Abstract

Regulation of the Ministry of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning Electronic Certificates to replace analog certificates. Various interpretations of electronic certificates which have characteristics that are not in the form of analog/paper but in the form of digital documents. The formulation of the problem, whether electronic land certificates provide proof of land ownership certainty? The research method used is normative juridical by looking at various statutory provisions. The theory used is the theory of legal certainty, legal protection. Public doubts about guarantees of legal certainty in the event of a dispute, document falsification despite the regulation of Law Number 11 of 2008 in conjunction Law Number 19 of 2016 concerning Information and Electronic Transactions, that electronic information and/or electronic documents and/or their printouts are valid evidence. The transformation of technological progress changes the land registration system from a paper/analog based process to an electronic based service. Land title certificate is a certificate of proof of land ownership rights in the form of a copy of the land book and measuring document which has been put together and given a cover while Electronic certificate or e-certificate is a certificate issued through an electronic system in the form of an electronic document. Electronic documents are valid legal evidence and an extension of legal evidence so that electronic documents are equivalent to documents made on paper. The difference between electronic and analog certificates is that land e-certificates use Hashcode, QR code, single identity, electronic signature, electronic document, while analog certificates are the opposite and are still conventional in paper form. Transitioning to electronic certificates, the Land Agency needs to improve on Big Data Land Management in an integrated manner and conduct intensive socialization to the community. Electronic certificates are expected to be able to resolve land conflicts and create legal certainty.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Liliana Tediosaputro
AU  - Retno Mawarini Sukarningsih
PY  - 2023
DA  - 2023/04/19
TI  - Electronic Land Certificate Versus Analog Land Certificate in Proof of Ownership Certainty
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 150
EP  - 157
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_18
DO  - 10.2991/978-2-38476-024-4_18
ID  - Tediosaputro2023
ER  -