Member Articles

On 12 January 2021, the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (“MOA”) issued Regulation No.1 of 2021 on Electronic Certificates (“MOA Reg. 1/2021”). This new regulation is intended to optimize the use of information and communication technology by implementing electronic-based land services and thus improve public services and the ease of doing business.

Under MOA Reg. 1/2021, a land right (hak atas tanah) certificate, a management right (hak pengelolaan) certificate, a waqf land right (tanah wakaf) certificate, an apartment unit ownership right (hak milik atas satuan rumah susun) certificate and a mortgage right (hak tanggungan) certificate which has been recorded in the relevant land book (“Certificates”) will be issued in the form of an electronic certificate (“Sertipikat El” or “Electronic Certificate”).

Key Provisions of MOA Reg. 1/2021

I. The Implementation of the Electronic Land Registration SystemAccording to MOA Reg. 1/2021, land registration can be conducted through an Electronic System, which is a series of electronic devices and procedures to among other things, process, analyze, storeand display electronic information. 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 has been maintained. An Electronic Document is any electronic information, which among others, is stored and can be displayed through the Electronic System.

II. The Issuance of Electronic Certificates for the First Time

Electronic Certificate can be issued for the first time through the following:

A. The Registration of Land that has not been Registered Previously

B. The Replacement of Certificates with Electronic Certificates for Registered Land

III.Electronic Certificate Editions

Detailed explanation for each point is available in the article which can be accessed through the provided link.