How to Register and/or Change a Conventional Land Certificate to an Electronic Land Certificate?

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "What Are The Advantages of Electronic Land Certificates?", "This Is What Will Happen If Your Land Use Rights Expire", you may read also "How to Check Land Certificates Validity in Indonesia By Online" and on this occasion we will discuss about 'How to Register and/or Change a Conventional Land Certificate to an Electronic Land Certificate?'.

Indonesia citizen now no longer need to worry if they experience land-related problems. The government, through the Ministry of ATR/BPN, has issued regulations for electronic land certificates as stated in the Regulation of the Minister of ATR/Head of BPN Number 1 of 2021 concerning electronic certificates.[1]

What are the procedures for registering and changing a conventional land certificate to an electronic one (el-certificate)?

In article 6 of the Minister of ATR/Head of BPN Regulation Number 1 of 2021 concerning Electronic Certificates, it is explained that there are two categories of issuing electronic land certificates, namely, first-time land registration for land that has not been registered, and changing physical certificates to electronic ones.[2]

A. Terms and methods for registering electronic land certificates

This rule applies to land that has not been registered. These activities include collecting and processing physical data, proving rights and recording them, issuing certificates and presenting them, plus storing general lists and documents using an electronic system.[3]

1. Collection and processing of physical data in the form of electronic documents in the form of: (a). Measurment drawing; (b). Land map or space map; (c). Measurment letter, apartment unit plan drawing, or room measurment letter; (d). Other documents resulting from the collection and processing of physical data
2. Land whose boundaries have been determined in systematic or sporadic registration is given a land plot identification number.
3. Proving the right to land ownership with written evidence in the form of: (a). Electronic documents issued through an electronic system, and/or (b). Documents that undergo media transfer become electronic documents
4. Collection and research of juridical data in several electronic documents, namely: (a). Land whose rights have been determined or have waqf land status will be registered via an electronic system and an e-certificate will be issued; (b). The right holder or nazhir will receive an e-certificate and access to it.

B. Terms and methods for changing electronic land certificates

Changing to an electronic certificate can only be done on plots of land that have been registered and issued a Certificate of Land Rights, management rights, ownership rights to apartment units or waqf land.[4]

1. Replacement services are carried out through requests for land registration data maintenance services.
2. Replacement can be made if the physical and legal data in the land book and certificate match those in the electronic system.
3. If it is not match or appropriate, the Head of the Land Office will validate it using rights holder, physical and juridical data.
4. Changing to an electronic land certificate or e-certificate involves changing the land book, measurement letter, and/or apartment unit plan drawing into an electronic document.
5. Next, the replacement of the e-certificate is recorded in the land book, measurement letter, and/or apartment unit plan drawing.
6. The Head of the Land Office will withdraw the certificate to be combined with the land book and stored as a certificate at the Land Office.
7. All manuscripts will undergo media transfer (scanning) and be stored in a database.

And if you have any legal issue in Indonesia territory, contact us for business inquiry, feel free in 24 hour, we will be glad to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Cara Daftar dan Ganti Sertipikat Tanah Elektronik", indonesiabaik.id., Redaktur: Andrean W. Finaka, Riset : Yuli Nurhanisah, Desain : Abdurrahman Naufal,  Diakses pada tanggal 29 Agustus 2024, Link: https://indonesiabaik.id/infografis/cara-daftar-dan-ganti-sertipikat-tanah-elektronik 

2. Ibid.

3. Ibid.

4. Ibid.