Juridical Analysis of Registration of Deed Mortgage Electronically for Confirm Legal Certainty (Research Study on the Office of Spatial Agrarian and the National Land Agency of The Republic of Indonesia in the Land Office of Batam )

Law

The Ministry of ATR/BPN launched a modernization program on Electronically Integrated Mortgage Services. The author is interested in conducting research related to Juridical Analysis of Registration of Mortgage Deeds Electronically to Confirm Legal Certainty, with the formulation of the problem: How are Legal Arrangements, Implementation, Obstacles and Solutions to the registration of mortgage deed electronically in order to confirm legal certainty?. The type of research is normative law to obtain secondary data supported by empirical legal research to obtain primary data. The data obtained were analyzed qualitatively. For the grand theory using the theory of legal certainty by John Austin, the middle theory using the theory of the legal system by Lawrence M. Friedman, the applied theory using the theory of utilitarianism by Jeremy Bentham. The results of the study concluded that the registration of HT-el deeds at the Batam City Land Office has been implemented properly and guarantees legal certainty for its users even though its implementation has not been fully effective. Because there are still some obstacles in the process of registering the HT-el deed. The author suggests that before forming regulations on HT-el services it is necessary to synchronize with the previous regulations so that they do not overlap, as well as improve the facilities used in the implementation of HT-el services

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