Thyrafi Amelia Putri
Faculty of Law, University of Lampung, Indonesia

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Gaps in Cybersecurity Standards and the Evidentiary Weight of Electronic Mortgage Certificates: A Creditor Protection Perspective Thyrafi Amelia Putri; Bayu Sujadmiko; Ahmad Zazili; Rohaini; Yennie Agustin MR
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12778

Abstract

The digital transformation of land services through the Electronic Mortgage Certificate (HT-El) policy faces two fundamental juridical challenges that have not received adequate attention in existing regulations: the legal vacuum of cybersecurity norms and the dualism in evidentiary value. This research aims to (1) identify and analyze the vacuum of cybersecurity norms in HT-El services to formulate an appropriate liability concept, and (2) analyze the evidentiary value of HT-El Certificates in court execution processes and its implications for creditors' legal certainty. This study employs a normative legal research method utilizing conceptual, statutory, and comparative approaches. The findings reveal that: (1) there is a legal vacuum (rechtsvacuum) in HT-El regulations regarding minimum security standards, liability mechanisms for system failures and hacking, and data recovery procedures, thus requiring the application of the strict liability principle for Electronic System Providers; (2) the evidentiary value of HT-El Certificates faces a dualism between normative recognition under the Information and Electronic Transactions (ITE) Law and material obstacles due to the lack of harmonization with the Notary Public Office Law and the civil procedural law system, which potentially undermines creditors' legal certainty. This research recommends the issuance of a Supreme Court Regulation on electronic document evidence, the revision of the Notary Public Office Law to accommodate cyber notaries, and the formulation of technical cybersecurity standards by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN).