Al-Mubin: Islamic Scientific Journal
Jurnal Ilmiah Islam

LEGAL CERTAINTY IN INDONESIA REGARDING THE MIGRATION OF LAND CERTIFICATES FROM ANALOG TO ELECTRONIC SYSTEMS

Roestamy, Martin (Unknown)
Sitohang, Sudiman (Unknown)
Tama Rahayu, Ray (Unknown)



Article Info

Publish Date
17 Apr 2025

Abstract

The digital transformation of land administration in Indonesia through the migration from analog certificates to electronic certificates represents an effort to modernize public services. This study analyzes the legal implications of this migration, particularly regarding Ownership Rights, in the context of legal certainty and protection for right holders. Using a descriptive normative legal research method, this paper examines relevant regulations, including the Basic Agrarian Law, Government Regulations on land registration, the Electronic Information and Transactions Law, and the Regulation of the Minister of Agrarian Affairs/National Land Agency No. 3 of 2023. The analysis is based on the theory of the rule of law grand theory, legal certainty middle theory, and legal protection applied theory. The findings show that e-Certificates have the potential to improve legal certainty through efficiency, protection against physical risks, and enhanced transparency. However, challenges remain, including the validity of legacy data, cybersecurity risks, the digital divide, and the complexity of implementing a digital system under a negative publication framework. Legal protection is shifting from safeguarding physical documents to securing digital data, privacy, and system accessibility. Strengthening regulations, validating data, enhancing cybersecurity, increasing digital literacy, and developing effective dispute resolution mechanisms are essential to fully realize the benefits of e-Certificates

Copyrights © 2025






Journal Info

Abbrev

almubin

Publisher

Subject

Religion Economics, Econometrics & Finance Other

Description

Al-Mubin is a scientific journal published by the Department of Research and Community Service at the Ummul Quro Al-Islami Bogor Institute with the scope of studies in Islamic Education, Islamic Economics, and Islamic Communication. Al-Mubin: Islamic Scientific Journal has a focus on the study of ...