The Legal Validity of Electronic Certificates as Evidence of Legitimate Land Ownership

Deny Haspada
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Deny Haspada: University of Langlangbuana (UNLA), Bandung, Indonesia

European Journal of Law and Political Science, 2025, vol. 4, issue 2, 22-27

Abstract: Recent worldwide innovations and technology breakthroughs, especially in Indonesia, profoundly influence societal dynamics. This inherently drives the government to innovate and adapt, especially in legislative areas that align with contemporary advancements. The challenge of establishing land ownership rights in Indonesia is one such issue. Counterfeit certificates, duplicate documents, conflicting evidence of land ownership rights, and various offences in the agricultural sector remain prevalent, resulting in disputes over land ownership rights that are profoundly detrimental to the Indonesian populace. These elements render the certificate invalid and can offer the rights holders legislative certainty. For the government to take action, specifically by enacting Regulation Minister Agrarian and Spatial Planning/Head of the National Land Body Regulation Number 3 of 2023 about the Issuance of Electronic Documents in Land Registration Activities (PM 3/2023). This regulation elicits varied responses across societal strata; some individuals embrace it as a means of modernization that streamlines the process of establishing property rights and offers legal security and protection for landowners. Conversely, a significant portion of the community opposes this regulation, as they remain skeptical of the digital system and question the validity of a digital card as proof of legal land ownership. This article aims to examine the legal validity of e-certificates as evidence of land ownership and to address the challenges and solutions associated with transitioning from physical certificates to e-certificates in Indonesia. This writing and research employ a normative legal research methodology, wherein the author will conduct an investigation based on literary sources, prioritizing this approach. Legal statutes and regulations pertinent to Indonesia. This research use descriptive analytical approaches to elucidate the situation under inquiry and analyze it based on secondary data derived from legal papers. This paper’s findings indicate that the e-certificate mechanism can offer legal certainty to the community and facilitate the acquisition of digital land ownership records, free from damage, forgery, and overlapping rights.

Keywords: Certainty Law; electronic certificate; land registration (search for similar items in EconPapers)
Date: 2025
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Persistent link: https://EconPapers.repec.org/RePEc:epw:politi:v:4:y:2025:i:2:id:8169

DOI: 10.24018/ejpolitics.2025.4.2.169

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