Legal Liabilities and Risks in the Registration of Electronic Mortgage Rights on Electronic Property Rights Certificates

DOI

10.2991/978-2-38476-531-7_55How to use a DOI?

Keywords

Mortgages; electronic certificates; legal liability; land digitization

Abstract

In the era of digitization of land services in Indonesia, the electronic-based mortgage rights registration system is considered to be able to increase efficiency, transparency, and speed of service. On the one hand, this transformation poses new legal challenges, especially related to the validity of electronic documents, personal data protection, and legal certainty for parties, such as creditors, debtors, and registrants. Regarding the aspect of mortgage rights registration, this study aims to analyze the forms of liability and legal risks and implications inherent in the process of electronic registration of mortgage rights to Electronic Property Rights Certificates. The research uses normative juridical methods with legislative and conceptual approaches. Data was obtained through literature studies on major regulations such as Law Number 4 of 1996 concerning Mortgage Rights, and other regulations related to electronic services, as well as academic literature and court decisions. The expected results of this study are the preparation of an in-depth analysis of the legal liability of the parties in the electronic registration system, as well as the identification of potential legal risks and implications that may arise, such as misuse of system access, digital identity forgery, or data interoperability constraints. The study also offers recommendations for improving the legal system to ensure a balance between technological efficiency and legal protection.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Rolib Sitorus
AU  - Udin Silalahi
AU  - Teguh Prasetyo
PY  - 2026
DA  - 2026/01/03
TI  - Legal Liabilities and Risks in the Registration of Electronic Mortgage Rights on Electronic Property Rights Certificates
BT  - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
PB  - Atlantis Press
SP  - 548
EP  - 565
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-531-7_55
DO  - 10.2991/978-2-38476-531-7_55
ID  - Sitorus2026
ER  -