Legal Certainty against Electronic-Based Land Certificates as Proof of Ownership of Land Rights in Indonesia

Previously, land certificates owned by the Indonesian people were in the form of physical documents such as books or magazines. Unfortunately, these physical documents are more easily damaged by floods, fires and loss. In fact, often these physical land certificates are easily duplicated. This of course makes the owner of the land certificate suffer losses. To overcome this, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) will enforce the use of electronic land certificates starting in 2021. The objective of this research is to examine and analyze legal certainty for electronic land certificates as proof of ownership of land rights in Indonesia; and to review and analyze the legal protection of data on electronic land certificate ownership rights. The approach method used in this study is a normative legal approach. The results of the study show that: (1) Legal certainty of land certificates in the form of electronic documents can be categorized as electronic evidence which has the same evidentiary power as written/written evidence made on paper and the printout as a form of valid proof. (2) Legal protection that can be given to electronic land certificate ownership data consists of: a) Preventive legal protection in the form of guaranteed fulfillment of personal data protection by requiring Electronic System Operators in this case the National Land Agency (BPN) to maintain the confidentiality of public personal data and safeguard it so that there is no leakage. Keywords: Certainty; Certificates; Electronic; Land