Journal Of Legal Sustainability (JOLS)
Vol. 3 No. 1 (2026): Maret 2026

Reformulating the Legal Liability of the National Land Agency for Juridical Data Errors in the Issuance of Electronic Land Certificates

Ragil Ibnu Hajar Hajar (Universitas Muhammadiyah Riau)
Surizki Febrianto (Universitas Islam Riau)
Maya Intan Pratiwi (Universitas Pahlawan Tuanku Tambusai)



Article Info

Publish Date
31 Mar 2026

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.

Copyrights © 2026






Journal Info

Abbrev

jols

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal Of Legal Sustainability (JOLS) is published by the EL-EMIR Institute in helping academics, researchers, and practitioners to disseminate their research results. JOLS is a blind peer-reviewed journal dedicated to publishing quality research results in the fields of Civil Law, Economic Law, ...