Yustisia
Vol 11, No 2: August 2022

Legal Development of the Validity of Electronic Mortgage Certificates in the Land Registration System in Indonesia

Dhaniswara K Harjono (Universitas Kristen Indonesia)



Article Info

Publish Date
09 Sep 2022

Abstract

Electronic encumbrance Right is one of the breakthroughs made by the Minister of Agrarian Affairs to improve services in the land sector and support the Government in realizing a digital bureaucracy in Indonesia. This paper aims to deeply examine the validity and execution of such electronic Encumbrance Right Certificates.The main findings show that the electronic Encumbrance Right Certificate cannot be separated from the provisions of the Electronic Information and Transactions law, which lays out the conditions that must be met for the validity of electronic certificates and their status as evidence in court. The problem of authentication differs from the acknowledgement of electronic data. If the data or electronic documents are accepted or legally recognized, the authentication process for the data will automatically follow. The authentication process is a matter of technology while acknowledging electronic documents involves formal recognition in laws and regulations. Electronic evidence consisting of Electronic Information or Electronic Documents or the printouts produced by the Electronic System is legal evidence. On the other hand, if the Electronic Information is not generated through the Electronic System, the evidence cannot automatically be assessed as valid. Such electronic information can be used as electronic evidence if the authenticity, accuracy, and integrity have been verified through an information technology forensic audit

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Journal Info

Abbrev

Yustisia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The scope of the articles published in Yustisia Jurnal Hukum deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Health Law, Law and Economic, ...