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Agustinus Luturmas
Fakultas Hukum, Universitas Caritas Indonesia

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DIGITALISASI SERTIFIKAT TANAH MELALUI PROGRAM ELEKTRONIK BADAN PERTANAHAN NASIONAL: TANTANGAN DAN KEPASTIAN HUKUM DALAM SISTEM AGRARIA INDONESIA Agustinus Luturmas; Odilo Dwi Suharto Fautngilyanan
PATRIOT Vol. 19 No. 1 (2026): Juni
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67267/patriot.v19i1.98

Abstract

Advancements in information technology have prompted the Indonesian government to undertake a digital transformation across various public service sectors—including land administration—through the implementation of electronic land certificates. This policy is part of an effort to modernize land administration to enhance service efficiency, strengthen legal certainty, and minimize issues prevalent in conventional land systems, such as document forgery, duplicate certificates, and "land mafia" activities. However, the implementation of electronic land certificates also raises concerns regarding data security, the evidentiary weight of electronic documents, and public readiness for this digital transformation. This study aims to analyze the legal framework governing the digitization of land certificates within Indonesia's agrarian system, examine implementation challenges regarding legal certainty and land data security, and formulate an ideal model for the legal protection of electronic land certificates in Indonesia's digital agrarian system. The study employs a normative legal research method utilizing statutory, conceptual, and cyber law approaches. Legal materials consist of primary sources (legislation) and secondary sources (books, academic journals, research findings, and relevant literature). A descriptive-qualitative analysis was conducted. The findings indicate that the digitization of land certificates rests on a robust legal foundation, supported by Law No. 5 of 1960 (Basic Agrarian Law), the Law on Electronic Information and Transactions, the Personal Data Protection Law, and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) No. 1 of 2021 concerning Electronic Certificates. Nevertheless, implementation faces various challenges, including cybersecurity threats, public skepticism regarding the evidentiary value of electronic certificates, disparities in technology access, land data protection issues, and the adequacy of both legal and technological infrastructure. Therefore, a legal protection model is required that integrates regulatory strengthening, robust cybersecurity systems, land data protection aligned with the Personal Data Protection Law, a people-centric digitalization approach, and enhanced legal and digital literacy. This model is expected to create a secure and trustworthy digital land system that provides legal certainty for the public.
PROBLEMATIKA TUMPANG TINDIH SERTIFIKAT HAK ATAS TANAH DALAM SISTEM PENDAFTARAN TANAH   DI INDONESIA Filex Melanton Labobar; Emilianus Jimmy Ell; Agustinus Luturmas; Imanuel Inriyanto Ruslak Hammar
PATRIOT Vol. 19 No. 1 (2026): Juni
Publisher : Fakultas Hukum, Universitas Caritas Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67267/patriot.v19i1.103

Abstract

Overlapping land title certificates remain a recurring issue within Indonesia's land registration system, undermining legal certainty for land rights holders. The existence of two or more certificates for the same plot of land not only triggers protracted disputes but also causes economic losses, hinders investment, and erodes public trust in the land administration system. This situation indicates that the objectives of land registration—as mandated by the Basic Agrarian Law and Government Regulation Number 24 of 1997—have not yet been fully realized. This study aims to analyze the factors causing overlapping land title certificates, examine the responsibilities and performance of the National Land Agency in preventing and resolving disputes involving multiple certificates, and formulate measures to ensure legal certainty for land rights holders. The study employs a normative legal research method utilizing statutory, conceptual, and case approaches. Primary legal materials include the 1945 Constitution of the Republic of Indonesia, Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, Government Regulation Number 24 of 1997 concerning Land Registration, and other relevant land regulations. Secondary legal materials were obtained from books, scholarly journals, court rulings, and relevant research findings. A qualitative analysis was conducted by examining legal norms, legal theories, and research data related to disputes over multiple certificates. The findings indicate that overlapping land title certificates stem from various factors, including land administration errors, a lack of integration in land data, document forgery, weak internal oversight, and the characteristics of the "negative publication system with positive tendencies," which still leaves room for disputes regarding issued certificates. In its efforts to prevent and resolve disputes, the National Land Agency has strengthened surveying and mapping, verified land data, implemented the Complete Systematic Land Registration program, digitized land services, conducted dispute mediation, revoked certificates with administrative flaws, and executed court rulings. Meanwhile, efforts to ensure legal certainty for land rights holders must be pursued by strengthening the electronic land system, integrating the national land database, enhancing oversight and accountability in land administration, refining land registration regulations, and optimizing dispute resolution mechanisms that guarantee fairness and legal protection for the public.