Electronic Land Certificate Ownership as an Effort to Protect the Personal Data Law of the Community

Abstract


INTRODUCTION
Land is a person's identity related to self-esteem (social value), source of income and human survival (economic value), the right to protect (political value), and belief in God (sacred cultural value).Not having land means losing self-respect, source of life, strength, and the relationship between humans and God (SAFITRI, 2020) .The state controls the earth, water and other natural resources through the Indonesian land law which aims to change the fate of the people as Indonesian citizens who have rights to land to prevent abuse of these rights (Fariz & Kodiyat, 2023) .Land rights are rights owned by the community to land which are guaranteed by law, such as property rights, business rights, building use rights, rental rights, use rights, land clearing rights, and other rights stipulated by the Basic Agrarian Law.Agrarian resources or also called land, are natural resources that exist on the surface of the earth.Apart from having many benefits, this resource also raises problems that include economic, socio-cultural, political, defense and security, as well as legal aspects (Jazuli, 2015) .The natural wealth of land is considered important for the country's development.Therefore, land is considered one of the most complex subjects in the Indonesian land law system, both in terms of acquisition, management and resolution of disputes that sometimes arise regarding land ownership (Shebubakar & Raniah, 2023).Government Regulation Number 24 of 1997 concerning Land Registration regulates the process of obtaining a land title certificate in the Indonesian land law system (Susanto, 2014) .
Despite the fact that land related to these values is very important, state administrators must be responsible for land administration.The concept is defined in Law Number 30 of 2014 concerning Government Administration as a procedure for action and decision making carried out by government agencies and officials.(RI Law No. 36 of 2014, 2014) .to provide land administration services such as collecting initial data about the location or location of land, land ownership, and land status is more ideal, considering the fact that the chaotic condition of land plots is caused by duplication of valid proof of ownership in the same plot of land.Government administration services related to land are still problematic (Erfa, 2020).Both decisions and actions taken by government bodies with authority in the land sector must be carried out effectively.Digital-based land administration is now starting to replace conventional-based land administration.At this time, the digital era is known as the "Digital Disruption Era", which is a massive shift from manual (offline) to electronic (online), along with advances in technology and science.Land administration with land registration which can be done electronically and the results are in the form of electronic data and information, no longer books.This electronic certificate transformation supports a paperless office culture in the digital era, because it is easy to maintain and can be accessed at any time (Adinegoro, 2023) .
In the era of revolution 4.0, the government is making new breakthroughs to balance the increasingly complex dynamics of society.Otherwise, the law will stagnate, which is known as law that does not keep up with the times (Amri, 2018) .Land services are starting to be implemented on an electronic basis, which means that land documents will be made in electronic format (Alwajdi, 2021) .Apart from that, the use of digitalization is of course carried out to speed up services, facilitate investment, integrate data between development sectors, and achieve national goals more quickly.The ATR/BPN Ministry has started working to achieve this.One of them is by implementing the Land Office Computerization (KKP) program starting in mid-2020 (Wisnu Mareta Nugraha, 2022) .This program has produced innovations in public services such as complete systematic land registration that is not yet digitally based, starting from being digitized to the point where certificate products for public land parcels are already in electronic form.Considering that land has high economic value with a transaction price that must be paid, efforts to safeguard documents or personal data need to be taken into account.On the one hand, digitalization of land administration must be encouraged as much as possible to facilitate and help public services.On the other hand, land digitization also needs to be encouraged to comply with statutory regulations.For example, how the person concerned must provide consent for land information related to their personal data.According to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE), as amended by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2009 concerning ITE, "unless otherwise determined by statutory regulations, The use of any information via electronic media that concerns a person's personal data must be carried out with the consent of the person concerned."However, electronic land certificates are vulnerable to duplication of falsified personal data.This vulnerability causes losses to people who still do not understand technology (Sayudin, Nurjanah, & Yusup, 2023) .
Implementation of the Electronic Mortgage or Electronic HT system.After this system was deemed successful, the regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates was implemented by ATR/BPN on January 21 2021.This regulation stipulates that all land registration results will be published in the form of electronic documents (Silviana , 2021) .The negative impact of technological advances is that personal data that should be confidential can be easily accessed by hackers.This research will discuss legal protection efforts for people's personal data in the electronic land certificate system, which has not been discussed much before, so this topic is very important and relevant to the latest developments in land administration in Indonesia.The government is making efforts through several methods which will be discussed in this research.The aim of this research is to provide legal protection for personal data for people who have electronic land title certificates so that they are right on target.

RESEARCH METHODS
The normative method used is a qualitative approach.Qualitative is used in research, which means it is a type of research based on postpositivist philosophy, which can also be called interpretive.Tertiary data functions as a guide and explanation for primary and secondary data .The results of qualitative research can include potential problems, unique object characteristics, the meaning of an event, a process and cultural interaction of society, beliefs about the truth of the data, construction, or the belief that the data is correct.

Obstacles that arise when implementing the issuance of electronic land certificates
Land registration is a procedure of regular activities carried out continuously over a certain period of time by the state or government which includes collecting certain data or information about land in a region in Indonesia.administering, storing and providing for the public interest, for the purposes of ensuring Agrarian or land law, including the issuance and management of evidence.From the definition of land registration, the components can be described as follows (Rosnawati & Multazam, 2022) : a. Series of activities: refers to the fact that several procedural activities related to the implementation of land registration are sequential and related to each other, which means that the necessary data must be available to provide legal security in the land sector to the community (Mukjizat, 2023) .For the first time, land registration activities consisted of land registration activities; collecting and processing real or physical data; prove and record rights; print certificates; dissemination of printed or physical and juridical data; and maintain general registers and document files.In addition, land registration procedures include registering transfers and assigning rights, as well as registering new data to change other land registration data.b.Obligations of state institutions.In modern society, land registration is carried out by the government for the benefit of the community and to provide legal certainty in areas related to land (Yamin & Zaidar, 2018) ; c. Continuously, tiered, referring to an action so that it never ends once it has started (SAFITRI, 2020) .Data once collected can then be accessed and continuously maintained and mixed and matched with changes until everything fits the final situation; d.Continuously some activities need to be regulated by appropriate laws and regulations, usually referred to by the term "regular"; e. Providing proof of land with proof of title.Certain rights that encumber it: The object of land registration can be encumbered by the owner of other rights, such as ownership rights, business rights, building use rights, use rights and unit rights.For example, flats are burdened with mortgage rights over the land or building use rights or use rights as collateral for debt (Dilapanga, 2017) .
According to Article 3 and Article 4 of Government Regulation Number 24 of 1997 concerning land registration, land registration has the following objectives: a. provide legal clarity and legal protection to the Community as the holder of rights to a plot of land, flat, or other rights that have been recorded in the register so that they can easily prove that the Community is the right holder.The main objective of land registration, according to Article 19 of the Law -RI Law No. 5 of 1960 concerning Agrarian Principles, is to provide a guarantee of legal clarity (Isnainul, 2018) .Therefore, getting a certificate is not just a facility, but is a status holder of rights to a plot of land that is protected by law; b. provide information to parties who have employment relations, including relations with the government, so that they obtain the information needed to issue regulations regarding the plot of land, and housing units that have been registered.Data is distributed by the Regency/City Land Office, which is responsible for registration of land status (Joshua Easter Nugraha, Kurniawan, Putri, Wicaksono, & Tarisa, 2022) .Data is distributed in the form of a general list, which consists of land documents ranging from: maps, land registers, measuring letters, land books, and name lists; c.Before taking legal action against certain land or apartment units, all interested parties, especially potential buyers or potential creditors, must know the information registered at the Land Office.This is the basic provision for registration of an open plot of land; d.Holders are given land right certificates to carry out orderly land administration, and the general public can use data information functions relating to real and juridical aspects of registered land.
Including the transfer, encumbrance, and elimination of ownership rights over plots of land and apartment units, each plot or apartment unit must be registered to achieve orderly land administration requirements (Safitri, 2020) .e.In accordance with the Minister of Agrarian and Spatial Planning/BPN Regulation Number 1 of 2021 concerning Electronic Certificates, the Minister of Agrarian and Spatial Planning/BPN Regulation will be implemented in Indonesia to increase the efficiency of registration of land parcels (Febrianti, 2021) .This regulation defines an electronic certificate as a certificate issued in the form of an electronic document by an electronic system."Electronic documents are electronic information that is created, forwarded, sent, received or stored in analog, digital, electromagnetic, optical or similar form, which can be seen, displayed and/or heard via a computer or digital system, but is not limited to electronic information stored in digital or electromagnetic form (Tarigan, 2018) ."At the ATR/BPN Ministry, electronic land certificates are a series of digital transformations that are being rolled out due to the launch of electronic land certificates: 1) the need to increase the efficiency and transparency of land registration registration; 2) digitization of land certificates will increase the security of land documents and archiving; and, as the number of lands registered in the Systematic Land register increases, the intensity of derivative services will increase.
According to philosophical and sociological grounds, electronic land certificates are used as a tool to protect people's personal data as each individual and provide certainty of land control through technological advances and offer several conveniences and benefits.Digitizing land certificates also increases literacy in various digital needs of society.Some of the advantages of digitizing land plot certificates are as follows: making it easier for administrators to process them; because of economic, social and cultural demands as demands in the industrial era 4.0; rapid advances in modern technology support a paperless office culture in the era of digitalization; and prevent documents from being physically lost due to age or termites, burning, getting wet due to wet or rain, and document theft (Febrianti, 2021) .With this digitized certificate, land owners feel at ease because all sources of information will be safe in storage, which avoids people having bad intentions in land control and those who have no interest.This will maintain the security of archives and certificates of land plots in land by digitizing land certificates.This will also provide an opportunity as the owner of land rights to more easily find out information if there is a violation of land rights.Apart from that, the process of procuring or administering land electronically will increase the efficiency of certificate processing from both the input and output processes (Wanapertiwi, 2023) .
The government issued Ministerial Regulation Number 1 of 2021 concerning electronic certificates.The implementation has been delayed due to several obstacles, including (Rachman & Hastri, 2021) : 1) At the request of Commission II DPR RI, considering that the Ministry of ATR/BPN is still focused on providing reporting on several electronic certification programs to date; 2).Many people are still worried that e-KTP cases will continue to occur, which will have an impact on electronic land certificates; 3).The four land digitization services that have been used, such as: Electronic Mortgage Rights (HT-el), Land Value Zone Information (ZNT), Making Land Registration Certificates (SKPT), and Checking Land Certificates have not achieved the target of success as expected, which raises anxiety.regarding security systems in electronic certification.From a technical point of view, electronic land certificates are very vulnerable to data hacking.From a technical point of view, electronic land certificates are very vulnerable and data can be hacked by hackers at any time (GUNAWAN, 2023) .

Legal Policy for Electronic Land Certificates in the Future
In providing complete information about the legal policy for digitizing land administration, it is very important to consider the terminological, theoretical and juridical basis that will be presented in the discussion.The authorized institution determines the outline, content and legal instruments for digitizing land administration.This concept will be adapted to similar laws in a juridical context, such as: Law Number 30 of 2014 concerning Government Administration which regulates the digitalization of administration to be used in accordance with established technology and information (Kalesaran, 2022) .Apart from that, it is important to consider Republic of Indonesia Law No. 5 of 1960 concerning Agrarian Principles that this regulation functions as a legal basis which takes precedence as regulations relating to agrarian issues related to ITE and other laws and related to agraria.The concept of making wise legal decisions must be based on related laws and can provide mutual protection for other policies from legal problems, for example convention problems (Bahroni, Sari, Widayati, & Sulistyo, 2019) .Apart from that, legal policy making regarding the digitization of land administration needs to be based on national political objectives, including: 1) maintaining the sincere ideals of the Indonesian nation, namely creating a just and prosperous society based on Pancasila and the 1945 Constitution; and 2) implementing laws based on Pancasila as the basis of the state and oriented towards religious morality, respecting and protecting the human rights of every citizen without discriminatory differences, uniting all layers of the nation with bonds of conscience as their strong basis, providing responsibility for power to the people, and building social justice in the economy and society; 4) be responsible and protect all levels of the nation to unite as a whole nation; creating a sense of social justice in a socially just economy (Utomo & Harini, 2021) .
Based on the policy above, in this way it can provide an idea of a policy that the law will be in line with national development goals, which can be accepted by parties who have legal authority.In helping the progress of a country, the basic concept of digital law in land administration certainly needs to be created to ensure that all data and information processed procedurally through technology are digitized and used in accordance with clear principles or standardization.(Saied et al., 2023) .The ideological basis must also be real and clear, so that the data used and the information to be processed are oriented towards national interests.Furthermore, the concept of legal policy making based on digitalization in land administration must be considered and through the authority possessed by state administrators to be implemented based on the rights, obligations and reasons for their authority, with the very determining principle that authority will be given to legal subjects to expected goals (Prayogo, 2016) .
However, these statutory regulations have stipulated implementation authority which can be studied in understanding the principle of specialization regarding the ability to take a certain action in a legal action if this authority is granted beyond the purpose for which it has been issued.(Labolo, 2023) .By establishing a clear legal policy digitally in land administration, negligence in the authority of a private data processing process in digitized land is legally correct.Apart from that, this policy also includes steps in legal settlement if it is made in a policy, so that the community, sometimes as the object or party who is harmed, gets legal protection if problems arise regarding data and information regarding land administration.

Electronic Land Certificate as an Effort to Legally Protect People's Personal Data in the Land System
The previous explanation is the basis for the author's analysis that as an electronic document it can be classified to fulfill formal requirements and is materially related to a value as evidence.The first classification explains information electronically, which can be sent and then received, and can be stored, or opened for viewing via a computer device or electronic system, including in writing, sound, through images, and so on, has a meaning that can be understood by everyone.who reads it (Rizki Ahmad Fauzi, 2017) .
Regulations regarding electronic systems in the public scope, namely government agencies or institutions appointed by the government that have improved their services to the public through administrative management through electronic systems that have been used to run the government.Its implementation has been implemented in several government agencies, especially in the public service sector, for example in the land office sector.Even electronic services can also be implemented specifically through procedures within and outside the land registration system that have been determined.Furthermore, services for the public to know that electronic land title certificates include Electronic Signatures (TTE) (Dahani, 2022) .This TTE certifies the presence of analog signing on documents that have been processed through a previous mechanism, but the physical presence of the public is no longer required.Therefore, to overcome problems regarding the security and authenticity of TTE signatures, the use of TTE itself has been regulated by another Ministry, namely the Ministry of Communication and Information (Kominfo) by applying the basis through Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Laws.Law number 11 of 2008 concerning Electronic Transactions and Information.If the TTE has been issued by the Indonesian Electronic Certification Organizer (PSrE) and then approved by the Ministry of Communication and Information, this will then be considered a valid certificate document (Risma, 2022) .TTEs that have been certified are as authentic as wet signatures that have gone through a validity and authenticity process.This procedure will improve the efficiency and system of work carried out online via the internet or carried out face to face or offline.Apart from that, the public needs to understand these procedures in order to fulfill the requirements set by the government.It is stated in Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, especially in Article 60, Paragraph (3), that an Electronic Signature that has been certified as authentic is also very important to have an Electronic Certificate made by the government, in this case the Electronic Certification Provider (PSrE) (Lapian, 2024) .
Use of electronic signature recording devices that have been certified, so that they have legal authenticity (Fitriyah, 2022) .Administrative services, especially involving certified TTEs, make managing it easier and can even save financial costs because there is no need for additional costs for printing certificate files and all supporting administrative requirements, sending files or documents, and transportation costs for travel to land office.This digitalization innovation will also save time in signing files or documents.Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 (Permen ATR/BPN No. 1/2021) also regulates the issuance of electronic certificates after registration of land rights is carried out electronically and proof of ownership of the rights land is also issued electronically, as stated and regulated in article 6.
Therefore, ATR/BPN Ministerial Regulation number 1/2021 concerning electronic certificates provides a very possible opportunity for land rights owners to access land certificate documents electronically.Land title certificates cannot be easily given to applicants if one of the conditions given to officers regarding physical data has not been met, which could later lead to land disputes.All parties who support the success of this program need to remember this.This delay in electronic certificate access is solely done to avoid problems in the future if the applicant is still able to correct data errors.If they can follow up by correcting document errors in the certificate file, they will be able to open the certificate electronically.Therefore, at the initial stage the process cannot be done repeatedly, on the contrary, the rules that have been implemented are to complete the shortage of physical document files.Research explains various factors that will influence the implementation of electronic certificate policies, one of which is through validation of various data that has not been completed (Triani, Rahman, & Abbas, 2023) .To speed up the time for physical and legal data validation, the best team is needed to work with third parties and improve the quality of various data files in several legal regulations that protect the issuance of electronic certificates for ownership of land rights, electronic certificates or digitalization of a certificate is considered an electronic document that has the power of valid legal evidence.Furthermore, regulations regarding procedures for regulating electronic or digital certificates, commonly known as e-certificates, have a different legal status from criminal and civil procedural regulations, including (Abiyal & Cahyono, 2024) : Overview of Criminal Procedure Law: Law enforcement officials, including police, prosecutors and judges, have the authority to implement and empower the law.Whatever is stated in the law will serve as a basis to support their work.If proof of an e-certificate document is required, article 184 paragraph (1) states that valid evidence in a trial includes witness statements, expert statements, letters, instructions and the defendant's statement.The legal evidence system itself in criminal proceedings adheres to the negative system in law, only one of which is legal evidence that can be used as proof.In article 184 paragraph (1), the government conveys policy provisions based on valid evidence in accordance with the law as a result of advances in technology that make it possible to convert paper land certificates into electronic documents.so that it will have an impact on the legal system as well as the criminal justice system (Nafsaka, Kambali, Sayudin, & Astuti, 2023) .land certificates has been implemented .The judge has obtained a certificate electronically from a digitization system that is functioning properly, with an identity code to show proof of ownership of land rights.If a problem occurs, during the trial, the judge must of course accept as legally authentic evidence the electronic certificate (Muharam, Astuti, Sayudin, Sagita, & Ullah, 2022) .Article 5 of the ATR/BPN Ministerial Regulation expressly recognizes e-certification as one of the procedures with a valid way to show it as a means of proving at trial.This will show the influence of technological advances in the world of law in court because these advances are in the development of evidence in evidentiary law in Indonesian courts.Therefore, this evidence can be used to resolve problems in land disputes at trial; Review of Civil Procedure Law: Regarding the provisions for providing opportunities for subjects in law to recover their rights without sacrificing rights that have been determined by civil procedure law through violations of the law.Evidence is a legal procedure that can be used to resolve a civil event.HIR (Herziene Indonesische Reglement) and R.Bg (Rechtsreglement voor de Buitengewesten) are two legal products inherited from the Netherlands in the regulation of civil law procedures in Indonesia (Basri, 2020).Based on article 164 HIR, article 284 B.Bg, and article 1866 HAP regulate five types of evidence as follows: writing, testimony, oath, confession, and allegation.
Judges in civil procedural law have the authority to determine policy and make decisions if they are based on evidence that is considered valid.These tools have been specified in HIR and R.Bg.However, because it started from HIR, as a regulation of evidence, it has undergone changes, and digitalized documents can now be used as legal evidence or are considered valid.Registration of registration and issuance of electronic certificates is carried out digitally.Furthermore, article 5 of the 2021 Minister of Agrarian Regulations also permits the use of land e-certificates as valid evidence as well.This regulation will give authorities the authority to use documents in the form of e-certificates as a new type of legal evidence in trials.Government Regulation Number 18 of 2021 allows land registration to be carried out electronically.There will be a transition from physical or written data to electronic documents (Maghfira Nur Khaliza Fauzi & Kusworo, 2021) .
Evidence in the form of e-certificates can also be used during the trial.When compared with article 137 HIR, which states that "Parties can demand to see their opponent's statement letters and vice versa, the letters which are submitted to the Judge for this purpose" to be convincing in evidence during the trial can easily be accessed.Electronic certificates stored in electronic documents are considered as a valid form of evidence and are equal to written evidence or letters made on paper and new findings are considered as valid evidence.This shows the legitimacy status of the e-certificate, which can be used as evidence in trials if the data in the electronic system does not change or can be guaranteed to be consistent with the data in the land book.There are six differences between digital and analog land certificates (Nafan, 2022) .The table above shows the differences between analog and electronic certificates.Digital registration takes many different forms and methods, but both are beneficial to society.Analog certificates are used as proof of initial ownership of land rights.Electronic certificates have the advantage of being practical in storage and technical.Furthermore, Government Regulation Number 18 of 1997 regulates the land registration process through procedures for obtaining an electronic certificate.This regulation regulates that ownership of certificate documents or physical and legal evidence must be registered and registered electronically based on the Regulation of the Minister of Agrarian Affairs for the Head of the National Land Agency.Public demand for electronic documents as evidence is increasing due to technological developments in the digital and practical era.As legal electronic evidence, it can be used and shown in legal incidents (Sugiarto, 2016) .
Researchers say that electronic certificates have been implemented, but there is a need for an outreach process to the public regarding the benefits of owning land rights through certificates and a digitized data system because the processing starts with land registration, followed by a system according to procedures starting from electronic files, verifying data, and save data.Owners can then print or print them wherever they want.Therefore, a copy of the land title certificate book regulated by law, whether digital or analog, has the same legal force as valid evidence in court if a dispute occurs in the future.

CONCLUSION
In the era of revolution 4.0, the government is making new breakthroughs to balance the increasingly complex dynamics of society and keep up with current developments which are one of the obstacles to participating in the electronic land certificate program.This obstacle can be resolved because of the law governing ITE, the Agrarian Law and government regulations regarding land.This combination of regulations between supports the existence of a government program regarding the electronic purchase of land title certificates.Some of the benefits that people get from getting an electronic certificate include ease of storage, saving on the use of paper to print certificates and land ownership signatures that cannot be forged.Legal protection of people's personal data through electronic certificates will provide a sense of security and will not cause disputes over land ownership.However, if there is a dispute regarding land that continues to court.This electronic certificate has been validated and to ensure convincing evidence during the trial it can easily be opened via the internet.Electronic certificates are stored in electronic documents and are considered as a valid form of evidence and are on par with other forms of evidence in writing or letters made on paper and these new findings can be considered as valid evidence.This shows the legal status of the ecertificate, which can be used as evidence in a trial if the data in the electronic system does not change or can be guaranteed to be consistent with the data in the land book.
Normative research is a type of research where the focus of the research is to evaluate applicable standards.Secondary data based on Republic of Indonesia Law No. 5 of 1960 concerning Agrarian Principles, Regulation of the Minister of Agrarian Spatial Planning/National Land Agency Number 1 of 2021 concerning Electronic Certificates issued by the Ministry of Agrarian Spatial Planning and the National Land Agency provides new advances in land registration services, and Law Number 30 of 2014 concerning Government Administration as a procedure for actions and decisions made by government officials.Human Resources to use information technology and data validation.Meanwhile, tertiary data is based on information about action procedures and decisions made by government officials based on Law Number 30 of 2014 concerning Government Administration.