Indonesian Journal of Law and Policy Studies
Vol. 4 No. 1 (2023): Indonesian Journal of Law and Policy Studies

The Legality of Digital Evidence in Land Disputes: A Perspective on Civil Procedure Law Reform in the Telematics Era

Rijal Ibnu Sani (Universitas Muhammadiyah Tangerang)
Suartini Suartini (Universitas Muhammadiyah Tangerang)
Tri Cahya Indra Permana (Universitas Muhammadiyah Tangerang)
Ahmad Ahmad (Universitas Muhammadiyah Tangerang)
Riri Gusda (University Al-Azhar Indonesia)



Article Info

Publish Date
21 May 2023

Abstract

The digital transformation of land administration through the implementation of electronic land certificates has significant implications for the evidentiary system in courts. The primary issue arises when conventional civil procedural law is confronted with digital evidence that possesses technical characteristics distinct from physical documents, thereby creating legal uncertainty in the resolution of land disputes. This study aims to analyze the legality and evidentiary strength of electronic land certificates in civil litigation and to formulate an ideal reconstruction of civil procedural law in the digital era. The research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that although electronic land certificates possess legal validity under the Law on Electronic Information and Transactions (ITE Law), their evidentiary strength in court remains fluctuating due to the absence of standardized operational guidelines for judges in verifying the integrity of digital data. The study concludes that civil procedural law reform is necessary to explicitly regulate mechanisms for examining digital evidence, including the obligation to conduct forensic audits and the formal recognition of audit trails. Such reconstruction is essential to ensure substantive legal certainty and to protect landowners from the risk of electronic data manipulation. Through regulatory harmonization between civil law and telematics law, the judicial system can achieve adaptive legal protection in response to the advancement of information technology.

Copyrights © 2023






Journal Info

Abbrev

IJLP

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aim Indonesian Journal Of Law and Policy Studies is to offer a venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of ...