Legal Development of the Validity of Electronic Mortgage Certificate in Indonesian Land Registration System

Abstract

The Indonesian Minister of Agrarian Affairs made a breakthrough through the implementation of electronic encumbrance right. It aims to improve services in the land sector and to support the Government in the realization of a digital bureaucracy in Indonesia. This study is intended to examine validity and implementation of electronic encumbrance right certificates. The findings show that the electronic encumbrance right certificate cannot be separated from the Law on Electronic Information and Transactions. The law lays out requirements for the validity of electronic certificate and their status as evidence in court. Authentication process is different from acknowledgement of electronic data. If the electronic data or documents are legally recognized, the authentication process of the data will automatically legal. The authentication process is a matter of technology; while the acknowledgement of electronic data involves formal recognition based on laws and regulations. Electronic evidence that consists 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 be considered valid automatically. Electronic information can be electronic evidence if the authenticity, accuracy, and integrity have been verified through an information technology forensic audit.