KEPASTIAN HUKUM SERTIFIKAT TANAH ELEKTRONIK SEBAGAI BUKTI KEPEMILIKAN HAK ATAS TANAH DITINJAU DARI PERATURAN MENTERI AGRARIA DAN TATA RUANG NOMOR 1 TAHUN 2021

Abstract

Certificates of land rights are valid as strong evidence as emphasized in Article 19 paragraph (2) letter c of the UUPA and Article 32 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration. Land certificates were originally issued in the form of printed sheets of paper, equipped with a hologram with the BPN logo to avoid certificate forgery. But in reality, the problems encountered so far are cases of multiple land certificates, which ultimately resulted in legal problems of land disputes very rampant in Indonesia until now. The government issued a new regulation regarding proof of land ownership, namely Regulation of the Minister of ATR / BPN Number 1 of 2021 concerning Electronic Certificates. This Ministerial Regulation explains that electronic land certificates will replace physical land certificates, including the replacement of land books, measurement letters / plan drawings. The Head of the Land Office in each region will later be tasked with withdrawing the Certificate to be united with the land book and stored as a note at the Land Office. This research aims to determine the legal force of electronic land certificates as proof of ownership of land rights. This research is based on the type of normative legal research. In normative research, an assessment of the law as a norm is carried out, namely examining and examining objects against their legal principles, through a statutory approach to the law, and also a historical juridical approach to sharpen the analysis of research legal materials aimed at knowing the rationale and laws and regulations governing the legal force of electronic certificates as stipulated in Regulation of the Minister of ATR / Head of BPN Number 1 of 2021 concerning Electronic Certificates. The targeted outputs in this research are mandatory outputs in the form of national journals and additional outputs in the form of journal proceedings.

Keywords : Certificate, Land, Electronic