Nurul Khusna Ramadhani, Sanusi Sanusi, Tiyas Vika Widyastuti

Analisis Kepastian Hukum Sertipikat Ganda dalam Sistem Pertanahan Terintegrasi di Era Digital

Introduction

Analisis kepastian hukum sertipikat ganda dalam sistem pertanahan terintegrasi di era digital. Analisis kepastian hukum sertipikat ganda di sistem pertanahan digital Indonesia. Mengungkap kepastian belum terjamin akibat kelemahan administrasi dan data, perlu perbaikan.

Abstract

This study aims to analyze the extent to which legal certainty of land ownership can be ensured in cases of dual land certificates within Indonesia’s integrated digital land administration system. The research adopts a normative-empirical approach, combining a legislative review with case study analysis. Data were collected through document analysis of relevant regulations, including Law No. 5 of 1960 concerning Basic Agrarian Principles, and the Supreme Court Decision No. 309 PK/Pdt/2021, and were analyzed descriptively using qualitative methods. The findings reveal that legal certainty in land ownership remains inadequately guaranteed, as evidenced by the persistent occurrence of dual certificates over the same land object. This problem is primarily caused by weaknesses in land administration, inconsistencies between physical and juridical data, and administrative negligence in certificate issuance. Although the digitalization of land administration through an integrated system and electronic certificates aims to strengthen preventive mechanisms by establishing a unified national database, its effectiveness is still limited. In conclusion, the integrated digital land system functions as an administrative tool to reduce disputes and improve data accuracy; however, it does not provide absolute legal certainty. The realization of stronger legal certainty depends on improving data quality, institutional capacity, technological infrastructure, and public digital literacy.

Review

This study addresses a highly pertinent and critical issue within Indonesian land administration: the persistent problem of dual land certificates despite the ongoing digitalization efforts. Employing a normative-empirical approach that combines legislative review with case study analysis, the research investigates the extent of legal certainty in this evolving context. The central finding, clearly articulated in the abstract, is that legal certainty remains inadequately guaranteed, underscoring the complexities of implementing a truly integrated digital system. The research design, integrating both legal doctrinal analysis (e.g., Law No. 5 of 1960, Supreme Court decisions) and empirical observation of persistent issues, appears well-suited to address the multifaceted nature of land disputes. The abstract effectively pinpoints the primary causes of dual certificates—administrative weaknesses, inconsistencies between physical and juridical data, and administrative negligence—which are crucial insights for policy formulation. Furthermore, the nuanced conclusion regarding the *limited* effectiveness of digitalization and electronic certificates, despite their aim to strengthen preventive mechanisms, demonstrates a realistic and critical assessment of the current state of affairs. This study makes a valuable contribution by highlighting that while digitalization serves as an important administrative tool to reduce disputes and improve data accuracy, it is not a panacea for achieving absolute legal certainty without fundamental improvements. The call for enhanced data quality, institutional capacity, technological infrastructure, and public digital literacy provides clear, actionable directions for policymakers and future research. This research serves as an important foundation, offering critical insights into the challenges and opportunities within Indonesia's land administration system, and provides a strong basis for further empirical investigations into specific policy interventions and their impact on legal certainty.

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