PROBLEMS ARISE IN CHECKING THE CERTIFICATE ELECTRONICALLY IN THE PROCESS OF TRANSITIONING LAND RIGHTS AND SOLUTIONS

Abstract

Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 16 of 2021 Third Amendment to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Provisions for Implementing Government Regulation Number 24 of 1997 concerning Land Registration which requires checking certificates carried out entirely by electronic means by the Land Deed Making Officer (PPAT) but in practice, there are still many obstacles that must be faced by PPAT for the electronic certificate checking. This paper aims to describe various problems with electronic certificate checking by PPAT as well as solutions to all problems that occur in providing legal land guarantees and certainty and information disclosure in the community. The method used in this research is normative research using secondary data in the form of primary legal material in the form of legislation. The technique used in legal materials collection is a literature review or documentation using legal material analysis techniques as well as the deductive method. The results of this study put forward the problems that occur in checking electronic certificates, among others, physical certificates received by PPAT for checking cannot be ascertained whether or not valid, there is a discrepancy of data on the certificate checking results, the certificate data are not suitable for the land book data in the office of the National Land Agency (BPN), causing doubts and obstructing the transferring process of rights. The results of this study also offer a number of solutions that can be considered, among others: PPAT must carefully ensure the suitability of the existing data on the physical certificate or the data of results of electronic certificate checking, BPN is actively updating database system that adheres to the principle of liability, and it is expected that the BPN can minimize the error in recording juridical and physical data in the future. In the end, checking the certificate is a very effective step against the prevention of land disputes in the process of land transition and also reduces cases of land mafia in Indonesia. This will also be realized if supported by all parties both from PPAT, the community and BPN. The role of BPN is very necessary for this step, especially in the rule of the letters archived in BPN synchronized correctly when checking the certificate electronically.