Electronic Land Certificates in The Perspective IUS Constitutum and IUS Constituum in Semarang Regency

Abstract

Electronic services are already very plural in use nowadays. For electronic development and in order to create services to the community quickly and appropriately, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) has planned to replace land certificates in physical form into land certificates in electronic form. The hope is that the application of electronic services can facilitate community affairs and build positive public opinion related to land services. Also to minimize or suppress disputes until the forgery that has been raging. The implementation of electronic land certificates or (e-certificates) is contained in Ministerial Regulation Number 1 of 2021 concerning Electronic Land Certificates. The issuance of electronic land certificates is carried out through land registration for the first time for land that has not been registered, or the replacement of previously registered land certificates in the form of analog to digital form. Referring to the definition of electronic systems, namely based on Government Regulation No.71 of 2019, namely a series of electronic devices and procedures that function to prepare, collect, process, analyze, store, display, announce, transmit, and/or disseminate electronic information. For this reason, there is a need to anticipate the possibility of electronic data theft in the electronic system that protects the electronic certificate. Currently in Semarang Regency has built an electronic system for electronic certificates since 2020, of course it is necessary to put the principle of caution first. One of the obstacles to the development of a database is to land certificates that are not carried out by law. Therefore, establishing a data base in the information system needs to be time and gradual so that it can make an electronic certificate system that can provide legal certainty and protection.