Implementation of the Responsibilities of Land Deed Making Officials for Electronic Charging of Mortgage Rights in the Dynamics of Information Technology Legal Convergence

Abstract

This research aims to examine the implementation of the responsibilities of Land Deed Officials in electronically imposing mortgage rights in the dynamics of information technology legal convergence. The problem raised in this research is how to implement the responsibilities of Land Deed Officials in electronically imposing mortgage rights in the dynamics of information technology legal convergence. The research method used in this research is a type of Normative Legal research which refers to Law number 19 of 2016 concerning Amendments to Law number 11 of 2008 concerning Information and Electronic Transactions, Law number 24 of 2016 concerning Regulations for Officials Making Land Deeds and ATR/KBPN Ministerial Regulation number 5 of 2020 concerning electronically integrated Mortgage Rights registration services. Based on the results of the discussion, it can be concluded that Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency number 5 of 2020 has significant implications for the obligations and responsibilities of Land Deed Officials in the imposition of electronically integrated Mortgage Rights. The obligations and responsibilities of the Land Deed Making Official are considered not to fulfill the principles of justice because they impose a responsibility beyond the authority of the Land Deed Making Official. Therefore, it is recommended that the convergence of information technology law needs to be reviewed to adapt it to Government Regulation Number 24 of 2016 concerning amendments to Government Regulation Number 37 of 1998 concerning Position Regulations for Land Deed Officials. Then the legal norms relating to the provisions of electronic Mortgage Rights must fulfill the principles of benefit, certainty and justice for Land Deed Officials.