Juridical Analysis of Electronic Making of Building Use Right Certificates

Abstract

This study aims to regulate and procedures for making electronic building use rights certificates as well as the strength of electronic building use rights certificates as proof of land ownership rights. This research is a type of normative legal research using statutory and conceptual approaches. The results of this study are: First, the procedure for land registration to obtain an electronic certificate must refer to Permen ATR/BPN No. 1 of 2021 concerning Electronic Certificates in accordance with the provisions of article 2 regarding the implementation of electronic land registration and also explained in Article 6 for land that has not been registered and changing certificates to electronic certificates for those that have been registered and clarified further in PP No. 18 of 2021 concerning Management Rights, Land Rights, Flats Unit and Land Registry, article 84 jo. Article 87 specifically regulates the implementation of land registration, but for land that has not been registered and does not yet have a certificate, the registration process refers to PP No. 24/1997 concerning Land Registration because only that regulation regulates land registration for the first time and systematic land registration up to sporadic land registration for the purpose of making data easier when registered electronically. Second, electronic certificates can be used as legal evidence in accordance with the provisions of the procedural law in force in Indonesia because they are included in the type of documentary evidence whose validity is recognized by laws and regulations.