Juridical Analysis of Electronic Land Certificates Evidentiary Strength as Basis for PPAT Deed Making

Abstract

The transformation of land registration in Indonesia from a paper-based system to a digital-based system through the implementation of electronic certificates (Sertifikat-el) presents a significant legal anomaly. While this modernization aims to increase efficiency, it creates a norm conflict with the Indonesian Civil Code, which prioritizes physical written evidence. This study aims to analyze the evidentiary strength of electronic land certificates in civil procedural law and the validity of deeds made by Land Deed Making Officials (PPAT) based on electronic data. The research method employed is normative juridical with statute and conceptual approaches, analyzing the synchronization between the Basic Agrarian Law, the Civil Code, and the Electronic Information and Transactions Law. The results indicate that while electronic certificates are formally valid as evidence, their material strength is vulnerable within Indonesia's negative publication system. Consequently, if a PPAT creates a deed based on invalid electronic data due to system errors or cyber-attacks, the deed fails to meet the objective requirement of "a certain subject matter" in Article 1320 of the Civil Code, rendering it null and void by law (nietig van rechtswege). This study concludes that the current regulation places disproportionate liability on PPATs and recommends a reconstruction of legal protection based on state strict liability and Maqashid Sharia principles (Hifz al-Mal) to ensure justice and security in digital land assets.