https://injurity.pusatpublikasi.id/index.php/in

APPLICATION OF ELECTRONIC LAND CERTIFICATES IN THE

INDONESIAN LAND SYSTEM

Stevani Deska Suryani BR M, Jeane Neltje Saly

Universitas Tarumanegara, Indonesia

Email: stevan[email protected]tar.ac.id, [email protected]

Abstract

As the era develops, which is supported by technological developments into the digital era, everything becomes

easier and more practical. Likewise in Indonesia, which has begun to follow the development of the digital era.

In order to realize modernization in connection with the digital era, services in the land sector in Indonesia have

also begun to apply land services based on electronics to produce legal products in the form of electronic

documents. The Electronic Land Certificate itself was launched in the Regulation of the Head of the National

Land Agency regarding Electronic Certificates which was signed by the Minister of Agrarian Affairs Sofyan

Djalil on January 12, 2021. The purpose of this study is to provide knowledge and understanding of how to

apply electronic certificates to the public. Through normative juridical methods and tracing document studies

from laws and regulations to scientific journals, the research results will be used to analyze this study. The results

of the study show that the application of electronic land certificates is something that cannot be prevented due

to the increasingly advanced developments in today's digital era.

Keywords: Electronic, land certificate, Indonesian land law.

INTRODUCTION

Soil is one of the elements needed by humans in running life. Soil is the surface of the

earth or the layer of earth that is above once (Spring, 2008). According to Article 4 paragraph

1 of the UUPA land is the surface of the earth. The development of science and technology

also occurs in the land sector in Indonesia. The development of the land sector in Indonesia is

marked by the implementation of electronic land registration and the results of the registration

are in the form of electronic data and information and are no longer physical documents.

In addition, land is also an object whose arrangements are quite complex and various

land law systems in Indonesia both in terms of acquisition, management, and dispute resolution

that often arise from ownership of land rights. Provisions on land law in Indonesia, especially

related to land ownership rights, are regulated through Law Number 5 of 1960 concerning

Basic Regulations on Agrarian Principles or abbreviated as UUPA. The basic things regulated

in the UUPA are ownership rights over land, such as property rights, business use rights, rental

rights, use rights, land clearing rights and other rights stipulated in the UUPA.

Land registration in Indonesia consists of 2 (two) stages, namely land registration for the

first time and maintenance of land registration data. Land registration for the first time can be

carried out through 2 (two) ways, namely systematic land registration and sporadic land

registration. Systematic land registration is carried out simultaneously with the initiative of the

Government, namely the National Land Agency. While sporadic land registration is land

registration at the request of the rights holder concerned either individually or en masse.

A land certificate is proof of one's ownership of land as stated on the certificate. The

certificate is a strong handle in proving its property rights, because the certificate is issued by

a valid and legally authorized agency in this case is the National Land Agency. The statement

of the UUPA that certificates as a result of land registration products is the strongest evidence

to show that in the event of a land dispute, this dispute must be resolved in the general court,

which is a district court where a person can take legal action to fight for or assert his rights by

submitting evidence that he has (Syarief, 2014).

Injuruty: Interdiciplinary Journal and Humanity

Volume 3, Number 1, January 2024

e-ISSN: 2963-4113 and p-ISSN: 2963-3397

Application Of Electronic Land Certificates in The Indonesian Land System

https://injurity.pusatpublikasi.id/index.php/inj/index

Based on statistical data from the Ministry of Agrarian and Spatial Planning / National

Land Agency (ATR / BPN) until now there have been 84,529,603 land certificates that have

been registered with a total area of 30,960,765 Ha, whose distribution consists of property

rights of 66,011,341 certificates, business use rights of 15,770 certificates, building use rights

of 5,320,176 certificates, use rights of 800,246 certificates, management rights of 5767

certificates and waqf land of 162,338 certificates

(Nafan, 2022). These data are stored at the

Land Office in the form of a Land Book that explains juridical data such as certificate numbers,

types of rights, names of owners, and land area as well as Measuring Letters that explain

physical data on land parcels.

Along with the development of existing science and technology requires us to grow by

following the development of science and technology. It is inevitable that information

technology and electronic transactions are the spearhead of the era of globalization that has

swept almost all corners of the world, technological advances will eventually change the

structure of organizations and social relations because the development of digital technology

has resulted in integration or convergence in the development of information technology, media

and telecommunications (Mansur, 2005). Hasil dari perkembangan zaman dan teknologi

tersebut adalah munculnya produk teknologi baru yang menggabungkan kemampuan sistem

informasi dan sistem komunikasi yang terangkai dalam suatu jaringan sistem informasi yang

selanjutnya disebut sistem elektronik (Febrianti, 2021).

In order to realize modernization in connection with the development of science and

technology, the Ministry of ATR / BPN carried out a digital transformation of land certificates

into electronic land certificates. Therefore, the Ministry of ATR / BPN issued Regulation of

the Minister of ATR / BPN Number 1 of 2021 concerning Electronic Certificates. The

regulation regulates the implementation of land registration which before the issuance of this

regulation was carried out analogously. However, after the regulation is issued, land

registration can be carried out electronically, both for the first time land registration and for

data maintenance. The transformation from conventional to electronic certificates has the hope

that it can reduce the number of disputes, conflicts, and court cases related to land

(Febrianti,

2021). In addition, the transformation of electronic certificates also supports the culture of

reducing paper in today's development and makes it easier to manage, maintain, and can be

accessed anytime and anywhere (Sugianto, 2019).

According to Article 19 paragraph (2) letter C of the UUPA, a certificate is a proof of

ownership of land rights, management rights, waqf land, property rights over apartment units

and dependent rights, each of which has its own land book. While electronic certificates are

certificates issued through electronic systems in the form of electronic documents

(NASIONAL, 2018). Based on Article 1 point 2 of the Regulation of the Minister of ATR /

BPN Number 1 of 2021 reads as follows:

"Electronic Document means any electronic information created, transmitted,

transmitted, received, or stored in analog, digital, electromagnetic, optical, or similar form,

which can be seen, displayed, and/or heard through a computer or electronic system, including

but not limited to writing, sound, images, maps, designs, photographs or the like, letters, signs,

numbers, access codes, symbols or perforations that have meaning or meaning understandable

by a person who able to understand it”.

However, this electronic certificate also raises questions related to how it is applied in

society, whether the transformation from land certificates to electronic land certificates has

begun to be applied in people's lives. So what about physical land certificates that will or have

been transformed into electronic certificates. Whether the land certificate is still valid or the

certificate will be withdrawn by the Ministry of Agrarian and Spatial Planning (ATR) of the

National Land Agency. Most people think that electronic certificates are still not an urgency to

be applied because there are still many problems related to land both because certificates are

Application Of Electronic Land Certificates in The Indonesian Land System

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forged, certificates overlap, and others. The occurrence of problems such as forgery of

certificates, double certificates or overlapping is one of the causes of disputes in land that harm

the community.

Based on the above background, the author is interested in researching the application

of transformation and ordinary soil certificates into electronic land certificates. Thus, based on

the explanation above, in the framework of writing this journal, the author tries to browse,

research, and analyze more deeply about electronic land certificates by taking the research title

is Application of Electronic Land Certificates in the Agricultural System in Indonesia.

This research includes normative legal research with a statutory approach, and

examines related regulations such as Law Number 11 of 2008 concerning Electronic

Information and Transactions (ITE) and Regulation of the Minister of ATR / BPN Number 1

of 2021 concerning Electronic Certificates. For data collection techniques, authors use

secondary data, such as books, journals or scientific writings and other research results. Then

the author will present descriptively in order to produce an argument and know legal issues

related to the juridical and technical aspects of electronic certificates in this study.

RESEARCH METHOD

In the data analysis method in this study, the author uses qualitative analysis methods

obtained from normative aspects of material related to the topic of discussion of this study.

Qualitative research method is a research model derived from social science to examine social

problems and phenomena in depth with a relatively small but more focused area of researchers

or population.

RESULT AND DISCUSSION

Land Law in Indonesia

Land law in Indonesia is regulated in Law Number 5 of 1960 concerning Basic

Regulations on Agrarian Principles. However, before the enactment of the Basic Agrarian Law

/ UUPA land law was regulated in Article 33 paragraph (3) of the 1945 Constitution which

reads thus:

"Earth, water, and natural resources contained therein are controlled by the State and used

as much as possible for the prosperity of the people (Ruslina, 2012)

The basis for the consideration of his issuance of UUPA is v

1. That in the Republic of Indonesia whose people's life structure, including the economy, is

mainly agrarian, earth, water, and space as gifts of God Almighty have a very important

function to build a just and prosperous society;

2. That the agrarian law in force before the UUPA was partly structured based on the aims and

joints of the colonial government and partly influenced by it, thus contradicting the interests

of the people and the state in completing the present national revolution and universal

development;

3. That before the enactment of the UUPA agrarian law was dualism, with the enactment of

the law in addition to the enactment of western law;

a. That for the indigenous people of Indonesia, colonial agrarian law does not guarantee legal

certainty.

The definition of agrarian according to UUPA includes earth, water, and space, including

the natural wealth contained therein. Expert opinions related to several definitions of Agrarian

Law and Land Law are as follows:

Utrecht said that agrarian law and land law became part of the country's administrative

law, which testing the special legal nexus that would allow officials in charge of agrarian

matters to perform their duties

(Surata, Mariadi, & Sena, 2020)

Application Of Electronic Land Certificates in The Indonesian Land System

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R.M, Sudikno Mertokusumo stated that agrarian law is the entire rule of law, both written

and unwritten that governs agrarian affairs.

Subekti states that agrarian law is the entirety of legal provisions, both civil law,

constitutional law and state administrative law that regulate the relationship between people,

including legal entities, with earth, water, and space in all state territories and also regulate the

authority derived from these relationships (Santoso, 2012).

Bachsan Mustofa stated that agrarian law guidelines are written in the form of laws and

regulations made by the state, while unwritten legal guidelines are agrarian law in the form of

customary law made by the community and live, grow and develop as well as apply and be

maintained by the community concerned (Santoso, 2012)

AP. Parlindungan expresses the notion of agrarian in the sense of sempti and the broad

meaning. Agrarian in the narrow sense is that agrarian manifests as land rights. While in a

broad sense agrarian includes earth, water, space and natural wealth contained therein

(Nurhayati, 2017)

Based on the description above related to agrarian understandings, it can be concluded

that agrarian includes water, earth, and space, not just land. Boedi Harsono stated that space is

also included in the agrarian scope, where the earth and water contain energy and elements that

can be used to maintain and develop the fertility of the earth, water and natural wealth and

other things related to it

(Hutagalung & Agraria, 2010)

Application of 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 Electronic Certificates

Land Registration in Indonesia

Land Registration based on Article 1 point (1) of PP 24 of 1997 concerning Land

Registration states that:

Land registration is a series of activities carried out by the government continuously,

continuously and arranged, including the collection, processing, bookkeeping and presentation

and maintenance of physical data and juridical data, in the form of maps and lists, regarding

land parcels and flats, including the provision of certificates as proof of their rights to land

parcels that already have rights and property rights to apartment units and certain rights that

burdened him.

Based on Article 3 of PP Number 24 of 1997 concerning Land Registration, the

objectives of land registration are as follows:

1. to provide legal certainty and protection to holders of rights to a plot of land, units of flats

and other registered rights in order to easily prove themselves as holders of the rights

concerned;

2. to provide information to interested parties including the Government in order to easily

obtain the data needed to bring legal actions regarding land parcels and registered apartment

units;

3. for the orderly implementation of land administration.

Based on Article 19 of the Basic Agrarian Law, it regulates Land Registration as follows:

1. to ensure legal certainty by the Government, land registration is held throughout the

territory of the Republic of Indonesia in accordance with the provisions regulated by

Government Regulations.

2. Land registration includes:

1. mapping measurement and land bookkeeping;

2. registration of land rights and transfer of such rights;

3. provision of letters of proof of rights, which act as a strong evidentiary tool.

Application Of Electronic Land Certificates in The Indonesian Land System

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4. Land registration shall be carried out keeping in mind the state and community conditions,

socio-economic traffic needs and the possibility of its implementation, according to the

consideration of the Minister of Agrarian Affairs.

5. In the Government Regulation, the costs related to registration referred to in paragraph (1)

above, provided that indigent people are exempt from paying these costs.

Next AP. Parlindungan stated that in addition to protecting the owner of the land

registration, it also serves to find out the status of the land parcel, the owner of the land plot,

how large it is, the type of rights on the land parcel and what the land parcel is used for Based

on the description above, it can be concluded that the purpose of land registration is to ensure

legal certainty of land rights. Based on Article 19 paragraph (1) of the Basic Agrarian Law jo.

Article 3 letter (a) of PP No. 24 of 1997 concerning Land Registration aims to provide legal

certainty. The result of land registration is a certificate of land title as a result of the product of

land registration.

There are principles in land registration based on Article 2 of PP Number 24 of 1997

concerning Land Registration, which are as follows:

a) Asas Sederhana

What is meant by a simple principle so that the provisions and procedures for land

registration can be easily understood by the parties concerned and land rights holders.

b) Asas Aman

What is meant by the principle of security is that land registration is carried out

carefully in order to provide guarantees in the form of legal certainty in accordance with the

main purpose of land registration.

c) Affordable Principles

This principle is specifically for parties who are interested or have a need to be

accessible to all circles. As well as providing services related to land registration that can be

reached by parties who have needs.

d) Final Basics

What is meant by up-to-date principles is that the available data is complete and has

continuity with data maintenance. The data in question can indicate an up-to-date state. This

principle intends to maintain data through land registration and sustainability so that the data

stored is in accordance with the conditions in the field.

e) Open Basics

What is meant by the open principle is that the public can know about valid data at

any time.

Land Registration System in Indonesia

The Basic Agrarian Law does not clearly regulate the land registration system adopted

in Indonesia. The purpose of the Basic Agrarian Law is to carry out land registration in the

territory of the Unitary State of the Republic of Indonesia in order to provide results in the form

of land certificates which are proof of land rights that provide legal certainty for their owners.

however, referring to Article 32 paragraph (2) of PP Number 24 of 1997 concerning Land

Registration regarding the existence of a time limit of 5 years for parties who object to the

issuance of certificates can file objections or lawsuits.

In general, there are 3 types of land registration systems used by various countries in

the world, including the following::

1. We are Sitemen Torrens

This system is used in several countries such as Canada, the United States, Brazil,

Algeria, Spain, Denmark, Norway, and Malaysia. This system states that the certificate is

the most complete and inviolable proof of land rights holders where losses suffered by the

Application Of Electronic Land Certificates in The Indonesian Land System

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owner will be provided through insurance funds. Changes to the land book are not allowed

unless the certificate was obtained through forgery or fraud

(Bachtiar, 1993).

There are several advantages in this Torrens system among others are as follows

(Bachtiar, 1993):

a. There is certainty about one's rights

b. The description of registration is short and clear

c. Consent is simplified so that everyone will be able to take care of their own interests

d. Reduce fraud

e. Ownership rights over land are enhanced in value and legal certainty

f. Reduce unnecessary processes

2. Positive System

This system states that what is listed in the land book as a letter of proof of rights is

an absolute means of proof. In other words, the evidence cannot be contested even though

the name registered as the right holder is not the party entitled to the land (Arifin, 2022).

The advantage of this system is that there is legal certainty for rights holders so as to

encourage others to register their rights. While the shortcomings of this system can occur

registration on behalf of unauthorized persons and can remove the rights of others who are

entitled. The system is used in Germany and Switzerland.

3. Negative System

This system states that the certificate of title to tanach is an absolute proof. In other

words, all information contained in the certificate has legal force as long as it is not proven

to be reversed by other evidence. If later it turns out that the information contained in the

certificate is not correct, then based on the decision of the court that has obtained permanent

legal force, changes can only be made (Arba, 2021).

The mechanism of land registration in Indonesia is regulated in Government

Regulation Number 24 of 1997 concerning Land Registration. After registering land, the

landowner will obtain proof of land rights in the form of a land certificate issued by the

National Land Agency (BPN) in the form of a book. Related to the content, method of

filling, and signing of land certificates are regulated in other regulations, namely the

Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency Number

3 of 1997 concerning Provisions for the Implementation of Government Regulation Number

24 of 1997 concerning Land Registration.

However, along with the development of the times and technology, the Indonesian

government also made adjustments to these developments. This development is

characterized by the use of electronic-based systems in almost every aspect of life. This

electronic-based system can be applied in Indonesia because there are regulations that

regulate it, namely Law of the Republic of Indonesia Number 19 of 2016 concerning

Electronic Information and Transactions.

Specifically, the land registration system mechanism has been regulated in the

Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of Badang

National Land of the Republic of Indonesia Number 1 of 2021 concerning Electronic

Certificates. The explanation related to electronic documents that are the result of electronic-

based land registration is regulated in Article 1 point 2 of the Ministerial Regulation which

states as follows:

"Electronic Document means any electronic information created, transmitted,

transmitted, received, or stored in analog, digital, electromagnetic, optical, or similar form,

which can be seen, displayed, and/or heard through a computer or Electronic System,

including but not limited to writing, sound, images, maps, designs, photographs or the like,

letters, signs, numbers, access codes, symbols or perforations that have meaning or meaning

or can be understood by a person who able to understand it"

Application Of Electronic Land Certificates in The Indonesian Land System

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In this case, the electronic document in question is in the form of an electronic

certificate which is the result of an electronic-based land registration.

The electronic document referred to in this context is in the form of data from the right

holder, namely both in the form of physical data and juridical data related to their valid and

authentic land parcels. The data is stored in an electronic-based data system. The electronic

document is divided into two, namely electronic documents issued based on an electronic

system affixed with electronic signatures and documents transferred from analog documents

to electronic documents with validation carried out by authorized officials.

As stipulated in Article 12 of Government Regulation Number 1 of 2021 concerning

Electronic Certificates, the application of electronic certificates will affect land parcels

either to be registered or that have been registered before. Article 12 of Government

Regulation Number 1 of 2021 concerning Electronic Certificates states as follows: :

(1) Land that has been determined to be land rights, management rights, property rights to

flats, dependents or waqf land is registered through an Electronic System and issued an

e-Certificate.

1. The Group of Strings stored in the Database sequentially corresponds to its edition as a

history of land registration into an electronic land book.

2. As a sign of proof of ownership of rights to the interests of the right holder/nazhir, given:

a. E-certificates; and

b. Access to e-Certificates in Electronic Systems.

As for land parcels that have been registered, Article 15 of Government Regulation

Number 1 of 2021 concerning Electronic Certificates stipulates that the replacement of analog

certificates into electronic certificates is carried out if the physical data and juridical data on

the land book and certificates are in accordance with physical data and juridical data in the

Electronic System. And according to Article 15, what is meant by validation carried out by the

authorized official in the case of documents transferred from analog documents to electronic

documents includes rights holder data, physical data, and juridical data.

As the implementer of the land registration system, the Ministry of ATR/BPN has

expressed its readiness to implement an electronic-based land registration system. The Ministry

of ATR/BPN has simulated an electronic-based land registration system and found no obstacles

to the implementation of this regulation. For people who already have analog certificates and

want to convert their certificates into electronic certificates, there is no charge at all. The

replacement process is carried out through several stages with the application submitted by the

applicant. Similar to analog certificates, electronic certificates also provide legal certainty for

the ownership of land rights for applicants.

CONCLUSION

Along with the rapid development of the times and technology, Ministerial Regulation

Number 1 of 2021 concerning Electronic Certificates can be applied in Indonesia. Land

registration through an electronic-based system will provide electronic document results in the

form of electronic certificates both for land that will be newly registered and for land that has

been registered which will be replaced from analog certificates to electronic certificates. The

benefits of electronic certificates are the same as analog land certificates, which provide legal

certainty for landowners. However, the advantage of electronic certificates is that it makes it

easier for people to access digital data.

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