Yono
Universitas Borobudur, Jakarta, Indonesia

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Optimizing the Role of Land Digitalization in Preventing Land Certificate Forgery in a Structural Manner Yono; Megawati Barthos
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.533

Abstract

The increase in land certificate fraud cases highlights the shortcomings of Indonesia's traditional land management system. Because of this circumstance, the government has decided to digitize land through the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) in an attempt to establish a system that is secure, effective, and transparent. The purpose of this study is to examine how land digitization functions in preventing land certificate forgery and assess its effectiveness and implementation challenges from a legal and technical perspective. Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), Government Regulation Number 18 of 2021, and Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency Number 1 of 2021 concerning Electronic Certificates are just a few of the laws and regulations that are examined using a normative juridical approach. According to the study's findings, the use of electronic certificates, or "e-certificates," can minimize the risk of forgery through a digital verification system, electronic signatures, and cybersecurity-based data storage. However, its effectiveness is still hampered by technological infrastructure, human resource capacity, and issues of personal data protection. Therefore, optimizing land digitization must be accompanied by regulatory harmonization, improved cybersecurity, and strengthening the public's digital legal literacy. These steps are a crucial foundation for realizing an accountable and equitable land system in the digital age.
Land Certificate Forgery Methods and the Structure of Criminal Networks as well as Legal Reform Efforts to Strengthen Rights Certainty and Law Enforcement Yono; Azis Budianto
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.630

Abstract

Land certificate forgery is a land crime that undermines the legal certainty of land rights and causes significant economic losses. This crime is typically committed through a structured network involving initiators, administrative operators, legal facilitators, and receivers of the proceeds of crime, making law enforcement complex. In terms of regulations, Law No. 5 of 1960 concerning Basic Agrarian Regulations (UUPA) only provides the material basis for land rights without specifically stipulating criminal penalties for misuse of land administration. Government Regulation No. 24 of 1997 concerning Land Registration regulates administrative procedures, but internal loopholes such as manipulation of registration data and the involvement of certain officials open up opportunities for the issuance of fake certificates that appear formally legitimate. Articles 263–276 of the Criminal Code (KUHP) criminalize document forgery, but these are general in nature, making it difficult to address internal administrative manipulation and collusion by land officials. The practice of certificate forgery through fake deeds or manipulation of the registration system demonstrates weak oversight and accountability mechanisms. This research underscores the need for legal reforms that criminalize abuse of land administration authority, strengthen the accountability of Land Deed Officials (PPAT) and notaries, and digitize electronic signature-based registration systems and audit trails. This approach is expected to close loopholes for criminal networks to collude, strengthen law enforcement, and increase the certainty of land rights for the community.