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Electronic Land Certificates as Evidence of Ownership: An Analysis under Indonesian Civil Procedure Law Noor, Aslan; Khoerunisa, Alsa Mala; Julianti, Frida; Zulkarnain, Muhammad Azka Izzaturrahman; Bahyudin, Mukhamad; Lumbantoruan, Sukmawati; Praidno, Zahra Ardhanie
Jurnal Ilmiah Global Education Vol. 6 No. 4 (2025): JURNAL ILMIAH GLOBAL EDUCATION
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/jige.v6i4.4589

Abstract

This study aims to analyze the implementation of electronic land certificates in Indonesia and their role within the civil procedural law framework, particularly in strengthening legal certainty and protection for landowners. The research further seeks to identify challenges associated with electronic certification, such as data security risks and potential disputes, and to explore strategies for enhancing trust and reliability in the electronic certificate system. Employing a normative legal research method, this study relies on statutory and conceptual approaches. Primary legal sources include relevant legislation, notably the Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) Regulation No. 3 of 2023 on the issuance of electronic certificates, as well as the ITE Law. Secondary and tertiary sources, including scholarly literature and legal dictionaries, are used to provide interpretive depth and contextual analysis. The findings reveal that electronic certificates are legally recognized as valid evidence, bearing equal probative value to physical certificates in civil litigation. Their introduction enhances administrative efficiency, reduces risks of loss, forgery, and corruption, and promotes transparency in land management. Legal protection for certificate holders is provided through consumer rights, personal data protection regulations, and safeguards against cybercrime. However, implementation faces obstacles related to infrastructure readiness, regulatory harmonization, cybersecurity threats, and limited public awareness. In conclusion, the transition toward electronic land certification represents a significant step in digitalizing public administration, reinforcing legal certainty, and fostering efficiency in land registration. Nevertheless, sustained efforts are required to strengthen security protocols, enhance legal frameworks, and promote public trust through socialization and education programs. The contribution of this study lies in offering a comprehensive legal analysis of electronic land certificates as instruments of evidence in civil proceedings, while also providing practical insights for policymakers, legal practitioners, and stakeholders in advancing a more secure and transparent land administration system.
Comparative Study of Mortgage Auctions in Indonesia and Singapore Maskanah, Ummi; Bahyudin, Mukhamad; Buana, Tubagus Langlang; Zulkarnain, Muhammad Azka Izzaturrahman
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.1870

Abstract

Auction practices in Indonesia have been known since 1908 through the Vendu Reglement and have evolved from conventional to digital mechanisms. Singapore also has a tradition of auctions dating back to the British colonial period in the 19th century. This study aims to compare mortgage foreclosure auction practices in Indonesia (a civil law tradition) and property foreclosure in Singapore (a common law tradition), focusing on efficiency, transparency, and legal certainty. The method used is normative legal research with a regulatory and comparative approach, grounded in a literature review. The results of the study show that Indonesia has a strong legal basis through PMK No. 213/PMK.06/2020, which provides formal legal certainty, including through Auction Reports as authentic deeds. However, the effectiveness of auction digitisation via lelang.go.id remains constrained by inter-agency integration. In addition, there is the potential for third-party objections to auction results (derdenverzet, i.e., resistance or objections from third parties), which can hinder the finality of auction results. In contrast, Singapore implements an integrated digital auction system supported by strict regulations, including the Auctioneers' Licences Act. Legal certainty is strengthened by the finality of transactions under the fall of the hammer principle, which enables rapid contract binding. Overall, Singapore's auction system demonstrates higher efficiency and accountability and can serve as a reference for Indonesia in strengthening end-to-end integration and consistency in the implementation of national auctions.