Efektivitas Pelaksanaan Pendaftaran Hak Tanggungan Berbasis Elektronik di Kantor Pertanahan Kabupaten Deli Serdang

Abstract

The Basic Agrarian Law (Law No. 5 of 1960) gave rise to a new legal term to refer to the right of guarantee for debt repayment with land rights as collateral by referring to it as "Dependent Rights" , but the special legal arrangement was only issued with the Law on Dependent Rights (Law No. 4 of 1996). The Dependent Rights must be registered to provide a guarantee of legal certainty for the parties (the giver and holder of the Dependent Rights) and to fulfill the principle of publicity so that it is known to the public and applies to third parties. In the registration of the Right of Dependency, it originally followed the rules for data maintenance activities in the land registration system, later with the development of science and technology and the demands of modern society, the implementation of the registration was carried out electronically which must be supported by laws and regulations. For this reason, it will be examined how to regulate the Registration of Dependent Rights, how effective the implementation of electronic- based registration of Dependent Rights and how the obstacles and solutions are seen in practice at the Deli Serdang Regency Land Office. The research method to answer these problems is carried out by normative juridical research, descriptive, statute approach, data sources from primary, secondary, and tertiary legal materials, library research collection techniques equipped with interviews with officials/officers of the Deli Serdang Regency Land Office, and qualitative data analysis and deductive conclusions. The results of the study show that the regulation of electronic registration of Dependent Rights is based on the Regulation of the Minister of ATR/Head of BPN Number 9 of 2019 Jo. Number 5 of 2020 concerning Electronically Integrated Dependent Rights Services. Meanwhile, the activeness of the implementation of electronic-based registration of Dependent Rights concerns time efficiency, data security and transparency and accessibility, while the obstacles are the lack of readiness of land office officers/admins, PPAT admins and banking admins, the lack of infrastructure readiness in the form of applications and supporting devices and the limitation of electronic ready data, the solution is to include officers/admins to participate in education and training, procurement of devices computer and internet network, and input data on warha, land books and survey letters through the crassprogram.