Tinjauan Yuridis Tentang Keamanan Hak Tanggungan Elektronik Sebagai Alat Bukti Digital Berdasarkan Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik

Abstract

Utilization of information technology changes the behavios of the people. This occurs in the process of registering mortgage rights which is carried out electronically with the result being a mortgage certificate which is also in electronic form. Even though the data or information that is stored or sent for the registration process for mortgage rights is very prone to being stolen, damaged or changed in content, and can be disseminated without permission. Therefore. The formulation of the problem in this research is, first, what is the legality of electronic mortgage security as digital evidence? Second, how is the legality of the electronic signature in the electronic mortgage right certificate? This study uses a normative method with a statutory approach. The results of the study concluded that first, the legality of electronic mortgage rights against evidence in court becomes the basis for immediate execution if the debtor defaults in accordance with the Regulation of the Minister of Agrarian Affairs and ATR/BPN Number 9 of 2009 which has been amended by the Regulation of the Minister of Agrarian Affairs and ATR/BPN Number 5 of 2009 2020 on Electronic Integrated Mortgage Services. Second, the legality of electronic signatures has been regulated in Law Number 11 of 2008 and Government Regulation Number 82 of 2012 which states that electronic signatures are considered valid if they meet the requirements.