LEGAL CERTAINTY IN INDONESIA REGARDING THE MIGRATION OF LAND CERTIFICATES FROM ANALOG TO ELECTRONIC SYSTEMS

The digital transformation of land administration in Indonesia through the migration from analog certificates to electronic certificates represents an effort to modernize public services. This study analyzes the legal implications of this migration, particularly regarding Ownership Rights, in the context of legal certainty and protection for right holders. Using a descriptive normative legal research method, this paper examines relevant regulations, including the Basic Agrarian Law, Government Regulations on land registration, the Electronic Information and Transactions Law, and the Regulation of the Minister of Agrarian Affairs/National Land Agency No. 3 of 2023. The analysis is based on the theory of the rule of law grand theory, legal certainty middle theory, and legal protection applied theory. The findings show that e-Certificates have the potential to improve legal certainty through efficiency, protection against physical risks, and enhanced transparency. However, challenges remain, including the validity of legacy data, cybersecurity risks, the digital divide, and the complexity of implementing a digital system under a negative publication framework. Legal protection is shifting from safeguarding physical documents to securing digital data, privacy, and system accessibility. Strengthening regulations, validating data, enhancing cybersecurity, increasing digital literacy, and developing effective dispute resolution mechanisms are essential to fully realize the benefits of e-Certificates

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Publication Details

Journal
Al-Mubin Islamic Scientific Journal
Published
2025-04-17
DOI
https://doi.org/10.51192/almubin.v8i1.1713
Primary Topic
Legal Studies and Policies
Type
article
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article

LEGAL CERTAINTY IN INDONESIA REGARDING THE MIGRATION OF LAND CERTIFICATES FROM ANALOG TO ELECTRONIC SYSTEMS

Martin Roestamy, Sudiman Sitohang, Ray Tama Rahayu
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Al-Mubin Islamic Scientific Journal
Legal Studies and Policies
article

LEGAL CERTAINTY IN INDONESIA REGARDING THE MIGRATION OF LAND CERTIFICATES FROM ANALOG TO ELECTRONIC SYSTEMS

Martin Roestamy, Sudiman Sitohang, Ray Tama Rahayu
article en

Abstract

The digital transformation of land administration in Indonesia through the migration from analog certificates to electronic certificates represents an effort to modernize public services. This study analyzes the legal implications of this migration, particularly regarding Ownership Rights, in the context of legal certainty and protection for right holders. Using a descriptive normative legal research method, this paper examines relevant regulations, including the Basic Agrarian Law, Government Regulations on land registration, the Electronic Information and Transactions Law, and the Regulation of the Minister of Agrarian Affairs/National Land Agency No. 3 of 2023. The analysis is based on the theory of the rule of law grand theory, legal certainty middle theory, and legal protection applied theory. The findings show that e-Certificates have the potential to improve legal certainty through efficiency, protection against physical risks, and enhanced transparency. However, challenges remain, including the validity of legacy data, cybersecurity risks, the digital divide, and the complexity of implementing a digital system under a negative publication framework. Legal protection is shifting from safeguarding physical documents to securing digital data, privacy, and system accessibility. Strengthening regulations, validating data, enhancing cybersecurity, increasing digital literacy, and developing effective dispute resolution mechanisms are essential to fully realize the benefits of e-Certificates

Al-Mubin Islamic Scientific JournalVol. 8(1)
Universitas Djuanda (ID)
Openalex Percentile: Top 78%
Legal Studies and Policies
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LEGAL CERTAINTY IN INDONESIA REGARDING THE MIGRATION OF LAND CERTIFICATES FROM ANALOG TO ELECTRONIC SYSTEMS — Martin Roestamy, Sudiman Sitohang, et al. · Al-Mubin Islamic Scientific Journal (2025) | TGRS Research Map | TGRS