THE PROOF VALUE AND VALIDITY OF PPAT DEEDS USING ELECTRONIC CERTIFICATES FROM THE PERSPECTIVE OF LAND REGISTRATION PRINCIPLES

Abstract

This study aims to answer two main questions. First, can electronic certificates be used as valid legal evidence in the land registration process? Second, are deeds drawn up by PPATs using electronic certificates still recognized as valid based on the principles of land registration? Specifically, this study employs a normative legal methodology, which seeks to identify and evaluate relevant legal standards. Both the legal theory approach and the legislative approach are employed. Legislation pertaining to land registration, electronic certificates, and the authority of PPATs serves as the primary legal source for this study. Regarding land registration, the findings indicate that electronic certificates are legally as binding as traditional certificates. However, this depends on the data stored in the Ministry of Agrarian Affairs and Spatial Planning/BPN’s computer system being consistent and in accordance with the details listed in the electronic certificate. Furthermore, PPAT deeds created using electronic certificates are fully enforceable and valid as long as they comply with all relevant laws and regulations and meet the fundamental requirements of land registration, which include the principles of security, public information disclosure, and legal certainty