The Indonesian government encourages the optimization of information technology to encounter digital era. Through the law, the government stimulate transformation of public services to be digital based, inclucing land related public services. Job Creation Law also regulates the the conversion of land-related documents to be an electronic form.
In line with the spirit of Job Creation Law, The Minister of Agrarian Affairs and Spatial Planing/Head of the National Land Agency (“MOA”) issued Regulation No.1 of 2021 on Electronic Certificates (“MOA Reg. 1/2021”), and effective on 12 January 2021. This new regulation is intended to optimize the use of information and communication technology by implementing electronic-based land services, improved public services, and ease of land transaction. With the effectiveness of MOA Reg. 1/2021, article 163A, 178A, and 192A stipulated in MOA Regulation Number 7 of 2019 on Land Registration will be no longer valid.
Under MOA Reg. 1/2021, the certificate which has been recorded in the land book and registered by certificate holder such as a land right certificate, a management right certificate, a waqf land right certificate, an apartment unit ownership certificate, including mortgage right certificate will be replaced by a certificate in the form of an electronic certificate (”E-Certificate”).
Electronic Land Registration
Land registration can be conducted through an electronic system, either for first registration of a land and/or land registration data maintenance. The results of the electronic land registration in the form of data, electronic information and/or electronic documents constitute the valid data of the right holder, the physical data and juridical data of the plot of land, the authenticity of which as been maintained. An electronic document is any electronic information, which emong others, is stored and can be displayed through electronic system.
The result of the operation of the electronic system are electronic documents in the form of:
- Electronic documents issued through an electronic system which are legelized using an electronic signature in accordance with the prevailing laws and regulations; and/or
- Documents which are converted into electronic documents, validated by the authorized official or appointed official with a digital stamp placed on them through electronic system.
The electronic documents mentioned above and their printouts constitute valid legal evidence including under the applicable Indonesian procedural law. For evidentiary purposes, electronic documents can be accessed through the electronic system.
- Land Registration for the First Time
The registration of land for the first time includes:
- collection and a physical data processing;
- proof of the right and bookskeeping;
- the issuance of the certificate;
- the presentation of physical and juridical data; and
- the storage of public registers and documents through the electronic system.
Land with management right, ownership right, apartment right, mortgage right or waqf right will be registered through the electronic system and will be issued as an Electronic Certificate, if the physical data or juridical data is complete or not in dispute. After having been stored and registered in an elecetronic land book, the right holder will be given an Electronic Certificate and access right to the E-Certificate in the electronic system.
- Electronic Certificate Replacement for Registered Land
Certificates for plots of land that have been registered and have been issued as a land right, management right, apartment unit ownership right or waqf land right will be replaced with E-Certificates. Certificate’s physical data and juridical data in the land book andmust be matched with the physical data and juridical data in electronic system to be converted into electronic form. Replacing certificates into Electronic Certificate includes converting the land book, the measurement document and apartment’s lay out drawings with electronic form documents.
Electronic Certificate Edition
First Electronic Certificate will be issued with numerical edition starting with number 1, for the following actions:
- Land registration for the first time that has not been registered before;
- Replacing a certificate in to E-Certificate for registered land;
- Registration of land splitting, merging, or separation;
- Changing of physical data affecting in an increase to land plots.