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

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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.

What Are The Advantages of Electronic Land Certificates?

  

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By:

Team of Hukumindo

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

Electronic land certificates offer a number of significant advantages in various aspects. Some of these include:[1]

1. Publishing Time Efficiency. Electronic land certificates provide advantages in terms of efficiency in issuance time. The certificate issuance process is faster and more efficient, reducing the waiting time usually associated with producing physical documents. This can speed up the property transaction process and provide direct benefits to certificate holders.
2. Easy Defense Administration Process. Another advantage of electronic land certificates lies in the ease of the administration process, especially related to sale and purchase transactions and mortgage rights. With an electronic format, the administration process becomes smoother, reducing the hassle often associated with physical documents. This can help property owners, interested parties, and related agencies process documents more efficiently.
3. Minimizing the Risk of Fake Certificates and Duplication. Electronic land certificates also provide additional security by minimizing the risks associated with fake certificates and duplication. The electronic format allows the adoption of more advanced security technologies, such as digital signatures and data encryption. This can provide stronger protection against attempts to forge certificates, thereby increasing confidence in property transactions and the validity of land ownership documents.

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

________________

Reference:

1. "Sertifikat Tanah Elektronik adalah: Definisi, Keunggulan dan Cara Buat", www.bfi.co.id, Admin BFI, 25 March 2024, Diakses pada tanggal 24 Agustus 2024, Link: https://www.bfi.co.id/id/blog/sertifikat-tanah-elektronik-adalah 

What is an Electronic Land Certificate?

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "How to Check Land Certificates Validity in Indonesia By Online", "This Is What Will Happen If Your Land Use Rights Expire", you may read also "Now, Foreign Citizens Can Buy Property in Indonesia With Just a Passport" and on this occasion we will discuss about 'What is an Electronic Land Certificate?'.

What is an Electronic Certificate?

Electronic certificates are land certificates in digital form as part of the ATR/BPN Ministry's innovation in services related to certificates.[1] The definition of an electronic certificate is any form of thing that contains and is contained in an electronic certificate and is reinforced by a signature in electronic form, especially showing data and identity as well as legal subject status for the parties thereto, which in this case is held by the party authorized to carry out the implementation, namely parties or legal entities who are experts in validating and auditing electronic certificate data.[2]

Legal Basis for Electronic Land Certificates

The legal basis for electronic certificates, in particular, is Law No. 11 of 2021 concerning Electronic Transaction Information (ITE). Another legal basis is the Minister of Land Regulation concerning "Certificates", namely ATR/BPN Ministerial Regulation No. 1 of 2021 concerning Land Registration.[3]

Purposes of Making an Electronic Land Certificate

The implementation of electronic land certificates is carried out in stages, from assets of State-Owned Bodies, Regional-Owned Bodies, State-Owned Enterprises, legal entities, houses of worship, 12 to 13 complete districts/cities, then throughout Indonesia. The purpose of an electronic land certificate is that it is important for the public to have it due to the following things:[4]

1. Reduces the Risk of Loss and Damage. The main purpose of using electronic land certificates is to reduce risks that may arise due to loss, theft, or damage that can be caused by disasters, fires, and other threats. By using electronic format, the security and integrity of information related to land ownership can be more effectively maintained.
2. Easy to manage data. The implementation of electronic land certificates also aims to facilitate data management. With electronic processing, land-related data can be processed more efficiently, save costs, and increase the level of data confidentiality and security. In this way, the accuracy and availability of land ownership information can be better maintained.

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. "Pertanyaan yang sering diajukan tentang Sertipikat Elektronik", kot-mataram.atrbpn.go.id., Diakses pada tanggal 8 Agustus 2024, Link: https://kot-mataram.atrbpn.go.id/menu/detail/27537/pertanyaan-yang-sering-diajukan-tentang-sertipikat-elektronik

2. "Sertifikat Tanah Elektronik adalah: Definisi, Keunggulan dan Cara Buat", www.bfi.co.id., 25 March 2024, Admin BFI, Diakses pada tanggal 8 Agustus 2024, Link: https://www.bfi.co.id/id/blog/sertifikat-tanah-elektronik-adalah

3. Ibid.

4. Ibid.

How to Check Land Certificates Validity in Indonesia By Online

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Indonesian Religious Organizations Granted Permit to Manage Mines", "How To Buy Land In Indonesia?", you may read also "Principles of Buying Land in Indonesia" and on this occasion we will discuss about 'How to Check Land Certificates Validity in Indonesia By Online'.

A land certificate is an official document issued by the National Land Agency (BPN) as proof of ownership of land. As proof of rights, people need to check the validity of a land certificate to find out whether it is genuine or fake. This aims to avoid attempts to falsify this important document by irresponsible individuals. The current way to check land certificates is no longer having to go and queue at the Land Office. This is because the Ministry of Agrarian Affairs and Spatial Planning (ATR)/BPN has provided two methods for checking land files online and its free.[1]

How to Check Land Certificates By Online?

The public can check the authenticity of land certificates via the official website www.atrbpn.go.id by following these steps:[2]

• Open the site www.atrbpn.go.id; 
• Click the "Publication" menu at the top of the site page;
• Select the "Service" menu;
• Click the "File checking" menu; 
• Or you can also directly click the link: www.atrbpn.go.id/ jasa/pengecekan-berkas;
• Enter information in the form of office name, file number, and year. 
• Type in the available captcha number, then click "Search File". 

Next, the system will automatically display land certificate data according to the information that has been entered.

How to Check The Land Certificate Number?

For information, the land certificate number consists of 14 special digits which contain a code to indicate the location and status of land ownership. For example, a land certificate with number 10.15.22.05.3.01234, whose code meaning includes:[3]

• The first two digits (10) are the provincial code number; 
• The second two digits (15) are the district/city code number; 
• The third two digits (22) are the sub-district code number; 
• The fourth two digits (05) are the sub-district/village code number; 
• The next one digit (3) is the code or identification number for property rights; and 
• The last five digits (01234) are a unique code that indicates land ownership rights.

The location of the land certificate number can be seen at the bottom of this important document. This number has been assigned in accordance with a special order issued by the Ministry of ATR/BPN. Meanwhile, the number listed under the 'Garuda' logo is the rights number or number on the Ownership Rights Certificate (SHM) and Building Use Rights Certificate (SHGB).[4] 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. "2 Cara Cek Sertifikat Tanah secara Online untuk Tahu Asli atau Palsu", www.kompas.com., 22/07/2024, Diva Lufiana Putri, Inten Esti Pratiwi, Diakses pada tanggal 24 Juli 2024, Link: https://www.kompas.com/tren/read/2024/07/22/103000965/2-cara-cek-sertifikat-tanah-secara-online-untuk-tahu-asli-atau-palsu

2. Ibid.

3. Ibid.

4. Ibid.

Indonesian Religious Organizations Granted Permit to Manage Mines

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "A Plate of Kwetiau that Takes a Life", "What Are The Competences of The Religious Courts To Adjudicates In Sharia Economic Cases?", you may read also "These 5 Types of Online Fraud You Should Avoid" and on this occasion we will discuss about 'Indonesian Religious Organizations Granted Permit to Manage Mines'.

President Joko Widodo (Jokowi) has given a number of religious organizations the opportunity to manage mining businesses. Religious organizations are given access to obtain Special Mining Business Permits (IUPK). This is regulated in Government Regulation (PP) Number 25 of 2024 concerning amendments to Government Regulation Number 96 of 2021. This PP regulates the Implementation of Mineral and Coal Mining Business Activities and was signed by the President on May 30 2024.[1]

"In order to improve community welfare, WIUPK can be carried out on a priority basis to Business Entities of religious community organizations," wrote Article 83A (1) PP 25/2024, quoted on Sunday (2/6/2024). "The share ownership of religious community organizations in a Business Entity must be the majority and they must be investors," states Article 83 (4) PP 25/2024.[2]

The religious organizations regulated in this article are those that carry out economic activities and aim to provide economic empowerment. Both for members and the community/people.[3] 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. "Daftar Ormas Keagamaan yang Diberi Izin Kelola Tambang", www.rri.co.id., Alfian Risfil, 03 Jun 2024, Diakses pada tanggal 12 Juli 2024, Link: https://www.rri.co.id/bisnis/731470/daftar-ormas-keagamaan-yang-diberi-izin-kelola-tambang

2. Ibid.

3. Ibid.

A Plate of Kwetiau that Takes a Life

  

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "This Is What Will Happen If Your Land Use Rights Expire", "Strange Case, Assault Because Forgetting To Say Wedding Anniversary", you may read also "Real Strange Case, Man Desperate to Marry His Wife's Affair" and on this occasion we will discuss about 'A Plate of Kwetiau that Takes a Life'.

A resident died after eating rice noodles (Kwetiau) at a shop in Taiwan. This incident started when dozens of people fell ill after eating at the shop. A media report reported that many customers at Polam Kopitiam fell ill after eating there. It is known that Polam Kopitiam is a restaurant that serves dishes from Malaysia and is quite popular in Taiwan. This restaurant is famous for its delicious vegetarian menus, unfortunately the shocking news came from this outlet. The Deputy Minister of Health and Welfare confirmed that mass food poisoning occurred at Polam Kopitiam, Xinyi, Taiwan. It was also recorded that at least 35 people became ill after eating there in the period 18 - 24 March.[1]

A total of 4 people were even rushed to the ICU to get more serious help. The latest news is that patients who are in the ICU can no longer have their lives saved. Based on preliminary investigation data, it is suspected that there is 'bongkrek' acid contamination in the food at this restaurant. 'Bongkrek' acid is a poison that can attack the respiratory tract.[2]

'Bongkrek' acid is not only produced by chemical solutions, but can also be formed from fermentation of coconut or corn. One of the recorded fatalities was a 40 year old woman. This customer is said to have fallen ill after eating kwetiau and when he returned home he experienced symptoms such as nausea, vomiting and severe diarrhea. He was treated in the ICU for a month but his condition continued to decline day by day.[3] 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. "Kuliner Internasional: Petaka dari Sepiring Kwetiau yang Merenggut Nyawa", www.detik.com., Diah Afrilian - detikJabar, Sabtu, 04 Mei 2024, Diakses pada tanggal 6 Juli 2024, Link: https://www.detik.com/jabar/kuliner/d-7324227/petaka-dari-sepiring-kwetiau-yang-merenggut-nyawa

2. Ibid.

3. Ibid.

This Is What Will Happen If Your Land Use Rights Expire

  

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Now, Foreign Citizens Can Buy Property in Indonesia With Just a Passport", "What is the difference between Cultivation Rights (HGU), Building Use Rights (HGB) and Property Rights (SHM)?", you may read also "Term and Conditions for Foreign Citizens to Buy an Apartments in Indonesia" and on this occasion we will discuss about 'This Is What Will Happen If Your Land Use Rights Expire'.

Based on Law number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), building use rights are the right to construct and own buildings on land that is not one's own for a maximum period of 30 years. Meanwhile, this time period can be extended to a maximum of 20 years.[1]

If the HGB holder no longer meets the requirements, within a period of one year he is obliged to release or transfer the HGB to a party who meets the requirements. If this is not done, then this right is legally extinguished. There are several things that cause the loss or deletion of HGB. Based on Government Regulation Number 18 of 2021 article 46, here are the reasons:[2]

1. The expiration of the period as stipulated in the decision to grant, extend or renew the rights.
2. The right is canceled by the Minister before the period ends because: (a). Failure to fulfill the provisions of obligations and/or prohibitions for rights holders. (b). Failure to fulfill the conditions or obligations contained in the HGB grant agreement between the HGB holder and the owner of the ownership rights or the land utilization agreement with Management Rights. (c). Administrative defects, or (d). The court decision has obtained permanent legal force.
3. Changed the right to another land right.
4. Released voluntarily by the rights holder before the term expires.
5. Released for public interest.
6. Revoked by law.
7. Designated as Abandoned Land.
8. Designated as Desolate Land.
9. Expiration of the agreement granting rights or land use agreement for HGB over ownership rights or management rights.
10. The rights holder no longer meets the requirements as a rights subject.

As additional information, this HGB can be transferred and transferred to other people. Please note, those who can own HGB are Indonesian citizens (WNI) and legal entities established according to Indonesian law and located in Indonesia.[3] 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. "Apa yang Akan Terjadi Kalau HGB Tanah yang Kamu Tempati Habis? Ini Jawabannya", www.detik.com., Almadinah Putri Brilian, Senin, 27 Mei 2024, Diakses pada tanggal 24 Juni 2024, Link: https://www.detik.com/properti/tips-dan-panduan/d-7359134/apa-yang-akan-terjadi-kalau-hgb-tanah-yang-kamu-tempati-habis-ini-jawabannya

2. Ibid.

3. Ibid.

Now, Foreign Citizens Can Buy Property in Indonesia With Just a Passport

  

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Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Fees That Must Be Paid When Renting an Apartment in Indonesia", "6 Property Investment Tips in Bali for Foreigners", you may read also "Is the Property Sector in Indonesia Open to Foreign Investment?" and on this occasion we will discuss about ''.

The new policy of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (Kemen ATR/BPN) means that foreigners can now buy property in Bali and other areas. The Bali Regional Office (Kanwil) of the Ministry of Law and Human Rights stated that all foreigners can buy and own property in Bali. This applies to foreigners holding all types of residence permits. "Yes, all types of residence permits are permitted. (Including Visa on Arrival)," said Head of the Bali Regional Office of the Ministry of Law and Human Rights, Anggiat Napitupulu.[1]

Anggiat explained that property ownership by foreigners in Bali and elsewhere in Indonesia is not dependent on the type of residence permit. However, there will still be restrictions, such as the type and price of property that foreigners can buy. The ATR/BPN Ministry will have the authority to determine the type and price of property for foreigners in Indonesia. Therefore, Anggiat believes that the property ownership policy for foreigners does not need to cause concern.[2]

"I think this is okay. Because the foreigner still has to have a residence permit when making a transaction. And ownership of the transaction will not determine the type of immigration residence permit," explained Anggiat. Based on the Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1241/SK-HK.02/IX/2022 concerning Acquisition of Residential/Residential House Prices for Foreigners, there are various minimum housing prices that can be purchased by foreigners, depending on the region.[3] 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. "Kini, Bule Boleh Beli Properti di Bali, Cuma Modal Paspor-VoA", www.detik.com., Aryo Mahendro, 6 Agustus 2023, Diakses pada tanggal 15 Juni 2024, Link: https://travel.detik.com/travel-news/d-6860934/kini-bule-boleh-beli-properti-di-bali-cuma-modal-paspor-voa.

2. Ibid.

3. Ibid.