Dea Andriany
Program Studi Ilmu Hukum Pascasarjana, Universitas Pakuan, Kota Bogor, Indonesia

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LEGAL CERTAINTY AND VALIDITY OF E-LAND CERTIFICATES IN MODERNIZING LAND RIGHTS GUARANTEES Dea Andriany; Yenny Febrianty; Asmak Ul Hosnah
Awang Long Law Review Vol. 9 No. 1 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v9i1.2275

Abstract

The digital transformation of land administration thru the implementation of Electronic Certificates (e-certificate) is the government's effort to enhance the effectiveness of public services and legal certainty of land rights. This policy is regulated by the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation Number 1 of 2021 concerning Electronic Certificates and reinforced thru the ATR/BPN Minister Regulation Number 3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities. This research aims to analyze the legal standing and evidentiary strength of the electronic certificate (e-certificate) as proof of land rights, as well as to examine the factors affecting its implementation effectiveness in the modernization of land administration. The research uses an empirical legal method with a socio-legal approach and is descriptive-analytical in nature. Data were obtained thru literature study and in-depth interviews with officials from the National Land Agency, legal practitioners, and the community using electronic land services. The research results show that Sertipikat-el has the same legal standing as conventional certificates and can be used as valid evidence in court. Its implementation has proven to enhance service efficiency, transparency, and land data accuracy. However, the effectiveness of the policy still faces obstacles such as low digital literacy among the public, resistance to change, issues with historical land data, and cybersecurity risks. Therefore, it is necessary to strengthen socialization, data validation, enhance human resource capacity, and implement an information security system to support the success of digital land transformation.