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All Journal Journal Of Legal Sustainability (JOLS)
Ragil Ibnu Hajar Hajar
Universitas Muhammadiyah Riau
Law, Crime, Criminology & Criminal Justice

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Reformulating the Legal Liability of the National Land Agency for Juridical Data Errors in the Issuance of Electronic Land Certificates Ragil Ibnu Hajar Hajar; Surizki Febrianto; Maya Intan Pratiwi
Journal of Legal Sustainability Vol. 3 No. 1 (2026): Maret 2026
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v3i1.680

Abstract

The rapid issuance of electronic land certificates, reaching about 6.7 million by March 2026, has not been matched by an adequate liability regime for juridical data errors. This study analyses how the liability of the National Land Agency (BPN) for such errors is constructed and proposes its reformulation. Using normative legal research with statutory, conceptual, and comparative approaches covering England and Wales, New South Wales, and the Netherlands, it finds that liability norms are fragmented, individualise responsibility on officials, place the burden of proving fault on citizens despite information asymmetry, and provide only symbolic compensation. Formal data-migration verification also produces a digital legitimacy amplification of legacy errors. The article proposes a Digital Risk-Based Tiered Liability Model comprising a corrective-preventive tier, an objective institutional tier funded by a Land Registration Assurance Fund, and a limited personal tier, supported by an audit-trail-based reversal of the burden of proof. Amendments to Government Regulation 24/1997, Ministerial Regulation 3/2023, and Government Regulation 43/1991 are recommended.
Co-Authors MAYA INTAN PRATIWI Surizki Febrianto