ISSN : 2442-3173 |  Pro.hukumonline.com   Issue 4055 |  1 February 2021

Enforcement Date Click Here

12 January 2021 For Indonesian Version

Land and Property

Related ILB

New Provisions Introduced

for the Handling and
Settlement of Land Cases
Draft Implementing
Regulation to the Job Govt. Updates Regulatory
Creation Law: Control over
Abandoned Areas and Framework for Electronic Land
Lands
Legal Framework for Land Certi cates
Procurement in the Public
Interest and Nationally
Strategic Projects
Introduced under the RPP
for the Job Creation Law
RPP for the Job Creation
Law: Settlement of
Incompatibilities Between
Spatial Planning and Forest
Areas, Licenses and/or Land The results of any electronic-based land-registration activity can be
Rights provided in the following forms: 1) Electronic documents issued through
Draft Implementing the electronic system and that are validated through the use of electronic
Regulation to the Job signatures; and 2) Documents that have been converted into electronic
Creation Law: The Right-to- documents that will be validated by authorized or appointed of cials
Manage and Land Rights before being digitally stamped. These documents and/or their printed
results can be used as valid legal evidence

In order to further improve Indonesia’s overall ease of doing business, as well as to enhance the provision of public
services, the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (“Minister”) is aiming to
modernize the country’s land services by requiring all data, information and/or documents resulting from land
registration activities to be recorded in electronic format.[1]

In order to achieve this goal, the Minister has issued Regulation No. 1 of 2021 on Electronic Land Certi cates (“Regulation
1/2021”), which contains a number of provisions that address the following speci c areas:

1. Implementation of electronic system for land registration;

2. First-time issuance electronic land certi cates (“Electronic Certi cates”); and
3. Maintenance of electronic land-registration data.

It should be noted in advance that upon the effective enforcement of Regulation 1/2021, various provisions originally set
out under Regulation of the Minister No. 7 of 2019 on the Second Amendment to Regulation of the Minister No. 3 of 1997
on Implementing Provisions to Regulation of the Government No. 24 of 1997 on Land Registrations (“Regulation
7/2019”) will be revoked and become invalid:[2] These revoked provisions are substantially similar to provisions
addressed under Regulation 1/2021 and encompass following areas:[3]

1. Electronic storage for land books and their printing through the use of the land-book entry list;
 2. Land certi cates in the form of electronic documents;
3. Implementation of land-registration administration through an of cial electronic system.

Implementation of Electronic System for Land Registration

Regulation 1/2021 speci es that the following land-registration activities can be implemented through the electronic
system:[4]  

1. First-time land registrations; and

2. Maintenance of land-registration data.

The results of electronic land registrations, which comprise information on title holders, as well as physical data and
juridical data of land parcels, will take the form of data, electronic information and/or electronic documents. Said results
must be valid, must have their authenticity maintained and must be retained in an electronic system database.[5]

Regulation 1/2021 further speci es that the electronic system used during land-registration activities should be
operated for data collection, data processing and data presentation purposes and that the results should be provided in
the following forms:[6]

1. Electronic documents issued through the electronic system and that are validated through the use of electronic
signatures;[7] and/or
2. Documents that have been converted into electronic documents will be validated by authorized or appointed
of cials before being digitally stamped.

All of the electronic documents outlined above and/or their printed results can be used as valid legal evidence and will,
as such, constitute an extension of valid legal evidence in accordance with Indonesia’s prevailing procedural laws.[8] This
assurance was not explicitly addressed under Regulation 7/2019.

First-Time Issuance of Electronic Certificates

Electronic Certi cates can be issued for the rst time in the following circumstances:[9]

1. Registration of lands that have not previously been registered; or

2. Conversion of land certi cates into Electronic Certi cates.

The land registrations outlined in point (1) above encompass several areas of implementation, speci cally:[10]

1. The collection and processing of physical data,[11] which will result in the drawing up of the following electronic
documents: [12]

a. Survey drawings (gambar ukur);

b. Land-parcel or spatial maps;
c. Survey certi cates (surat ukur), oor plans of multi-story housing units or spatial survey certi cates; and/or
d. Other resulting documents;

2. Proof of rights and their recordation, any such proof of rights should be based on written evidence relating to land
ownership (i.e. electronic documents or documents which have been converted in electronic format, as discussed
in the previous section) for the registration of new or existing land rights;
3. Issuance of land certi cates;
4. Presentation of physical and juridical data;
5. Storage and maintenance of the relevant listings and documents.

In order to assist with the identi cation process, any plots of land which have become the objects of land-registration
activities and whose borders have already been determined will be issued land-parcel identi cation numbers. These
numbers will be used during every stage of land registration activities and will be subject to change if the village/urban
area or sub-district region in which the relevant plot of land is located is expanded.[13]

   
The registration of lands with land titles, right-to-manage titles, strata titles, mortgage rights or waqf lands, through the
electronic system will result in the issuance of an Electronic Certi cate.[14] For proof-of-ownership purposes, rights
holders will be granted Electronic Certi cates and the ability to access said Electronic Certi cates through the
electronic system.[15] However, in situations where physical or juridical data that relate to a given land parcel are
incomplete or the subject of an ongoing dispute, then rights holders will not be issued the certi cate or access until the
relevant data has been completed or settled.[16]

Moreover, replacements for registered and issued land certi cates pertaining to land titles, rights-to-manage, strata
titles or waqf lands with Electronic Certi cates will be issued after applications are made via land-registration data-
maintenance services.[17]  

Said replacements will be issued provided that physical and juridical data recorded in the relevant land book and land
certi cate correspond with data that is held in the electronic system. If this is not the case, then the Head of the relevant
Land Of ce shall implement a rights-holder validation process that will address the physical and juridical data of the
plot of land concerned.[18]

It should be noted that the replacement of any registered and issued land certi cates also encompasses the conversion
of land books, survey certi cates and/or oor plans of multi-story housing units into electronic documents, which will be
subsequently be recorded in the relevant land book, survey certi cate and/or multi-story housing unit oor plan. The
Head of the Land Of ce will then withdraw the original land certi cates so that they can be consolidated in the land
book and retained as land documentation (warkah) at land of ces and also scanned in order to be stored digitally in the
database.[19]  

Maintenance of Land Registration Data and Editions of Electronic Certificates

Any changes that are made to the physical and/or juridical data of land parcels that have been drawn up as Electronic
Certi cates will be recorded in the electronic system.[20]

In relation to this process, it should rst be noted that Electronic Certi cates which are issued for the rst time will be
issued in edition numbers. Said edition numbers start at number (1) and are issued for :

1. First-time land registrations of unregistered plots of land;

2. Replacements of land certi cates with Electronic Certi cates for registered plots of lands;
3. Registrations of the splitting, merging or separation of plots of land;
4. Changes to any physical data that result in an increase in the number of elds on a given land parcel.

Electronic Certi cates with new edition numbers will be issued if any changes are made to the physical and/or juridical
data contained under rst-edition certi cates. All such new-edition Electronic Certi cates will be marked as second
edition, third edition and so forth and replace the previous edition certi cates. This edition-based system also extends to
any errors that are made during the recording of data in electronic documents in relation to land-registration activities,
as outlined earlier. [21]

Transitional Provisions

Applications for land registrations that were received by land of ces prior to 12 January 2021 will be processed in
accordance with the relevant prior provisions.[22]

Regulation 1/2021 came into force on 12 January 2021.MW

[1] Recitals and Art. 3 (1), Regulation 1/2021.

[2] Article 21, Regulation 1/2021.

[3] Arts. 163A, 178A and 192A, Regulation 7/2019.

[4] Art. 2 (1 - 3), Regulation 1/2021.

[5] Art. 3, Regulation 1/2021.

[6] Art. 4, Regulation 1/2021.

[7] The use of electronic signatures in these documents has been addressed under Regulation of the Minister No. 3 of 2019 on the Application of
Electronic Signatures. Furthermore, for more information on the regulations of electronic signatures in general, see: 1) Law No. 11 of 2008 on Electronic
Information and Transactions, which has been amended by Law No. 19 of 2016 (as discussed under ILB No. 2991 and ILD No. 480) and 2) Regulation of
the Government No. 71 of 2019 on the Organization of Electronic Systems and Transactions (as discussed under ILB No. 3720 and ILD No. 634.

[8] Art. 5 (1), Regulation 1/2021.

[9] Art. 6, Regulation 1/2021.

[10] Art. 7, Regulation 1/2021.

[11] While not speci cally mentioned under this regulation, land-registration activities include the collection and study of juridical data to assess the
validity of evidences relating to land rights, as addressed under Article 25 of Regulation of the Government No. 24 of 1997 on Land Registrations.
However, Regulation 1/2021 speci es that these processes will result in the issuance of following documents: 1) Minutes of juridical data research and
the stipulation of plot borders; 2) Announcements of juridical and physical data pertaining to given land parcels; 3) Of cial reports validating said
physical and juridical data; 4) Decrees stipulating land rights; and/or 5) Other documents that result from these processes. (Art. 11, Regulation 1/2021)

[12] Art. 8, Regulation 1/2021.

[13] Art. 9 (1) and (3 - 4), Regulation 1/2021.

[14] Article 12 (1), Regulation 1/2021.

[15] Art. 12 (1) and (3), Regulation 1/2021.

[16] Art. 13, Regulation 1/2021.

[17] Art. 14, Regulation 1/2021.

[18] Art. 15, Regulation 1/2021.

[19] Art. 16, Regulation 1/2021.

[20] Art. 17, Regulation 1/2021.

[21] Art. 18, Regulation 1/2021.

[22] Art. 20, Regulation 1/2021.

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