JURNAL MINUTA

Perlindungan Data Pribadi Klien pada Era Digital: Harmonisasi Regulasi Kenotariatan dan Hukum Perlindungan Data Pribadi

Fiona — 2025-09-25

In line with the rapid advancement of technology in the digital era, notaries have also begun using technological tools such as computers to create deeds. Nowadays, notaries face challenges in maintaining the security of their clients' data storage from digital threats such as computer viruses, data breaches and modifications, and even misuse of electronic signatures. Furthermore, personal electronic data is also vulnerable to hacking by irresponsible parties. This research aims to understand the regulation of personal data protection in Indonesia, particularly regarding the rights and obligations of notaries in managing their clients' data, as well as the legal-political relation of notarial regulations in ensuring the protection of clients' data, as viewed from the Notary Law. The research method used by the author is a normative juridical method through literature studies. In the era of information technology development, personal data protection becomes very important, especially in notarial practices involving legal documents that are private and sensitive. In addition to the Personal Data Protection Law, the Notary Law is also expected to provide a legal foundation to maintain the confidentiality and security of notary clients' data. Therefore, synchronization between the Notary Law and Personal Data Protection Law have its urgency, although both regulations have the same objective to protect client’s data, there is a need to synchronize them so that there is no overlap in their implementation.

Analisis Politik Hukum Pertanahan Terhadap Perlindungan Data Sertifikat Elektronik

Angeline Wirawan — 2025-09-25

Technological advancements and digital breakthroughs have prompted the Ministry of Agrarian Affairs and Spatial Planning, in collaboration with the National Land Agency, to modernize land administration by implementing electronic land registration through digital certificates. In 2021, the introduction of Electronic Land Certificates (STE) began with the release of Regulation Number 1 of 2021 by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. This regulation was subsequently replaced and updated with Regulation Number 3 of 2023, focusing on the issuance of digital documents within land registration processes. Despite its benefits, this innovation has introduced new challenges, particularly in addressing the risks associated with cybercrime. One significant threat is the potential loss of an electronic certificate due to hacking. To address these concerns, both vertical and horizontal legal protection is necessary. The minister must ensure that comprehensive legal safeguards are in place, protecting against government interference as well as threats from individuals or other groups in relation to the security of electronic certificates. The research question raised in this paper is whether there is an adequate legal framework regulating the protection system of electronic certificate data stored in electronic vaults. The purpose of this paper is to analyze the political law of land administration regarding electronic certificates and to examine the legal protection of data stored in electronic vaults. This study concludes that the validity and security of electronic land certificates require comprehensive safeguards, including encryption mechanisms and the role of the National Cyber and Crypto Agency (BSSN), to prevent risks of digital loss or manipulation.

Konflik Norma Hukum pada Pelayanan Hak Tanggungan Elektronik

Inge Ameylia — 2025-09-25

Mortgage Rights Services have undergone significant changes in their registration process. This has led to a conflict of legal norms in the implementation of Electronic Mortgage Rights Services (HT-El) in Indonesia, especially regarding the dualism in the registration process involving Land Deed Officials (PPAT) and creditors. This study uses a normative-empirical legal approach by combining analysis of laws and regulations. The transition from conventional procedures as stipulated in Law No. 4 of 1996 concerning Mortgage Rights to a fully digital system through Permen ATR/BPN No. 9 of 2019 and No. 5 of 2020 has resulted in inconsistencies in norms and legal uncertainty. Although HT-El is expected to increase efficiency, transparency, and accessibility, this system raises issues related to dualism of roles, data security, and the legal force of electronic documents. This study identifies the main conflicts in the roles of PPAT and creditors, the validity of electronic signatures, and the legal standing of certificates issued digitally. System changes also pose risks in the priority of mortgage rights and the implementation of collateral execution due to the lack of synchronization between old laws and new regulations. Although HT-El is an innovative step in public service, regulatory harmonization is needed to provide legal certainty and protection for the parties involved. Recommendations in this study include legal reform, strengthening coordination between institutions, and establishing clear procedural standards to minimize risks in the electronic mortgage registration process.

Unsur Sengaja pada Tanah Yang Tidak Dipergunakan Atau Dimanfaatkan dalam Perspektif Hukum Administrasi Pertanahan

Deddy Febrianto — 2025-09-25

Land plays a strategic role in Indonesia’s national development as both a livelihood and a constitutional
mandate. However, the prevalence of abandoned land—over 99,099 hectares officially designated, and 854,662
hectares identified—raises critical legal concerns. Government Regulation No. 20 of 2021 on the Control of
Abandoned Areas and Land aims to address this issue through administrative means yet introduces
interpretative challenges surrounding the legal element of “intentionally” not utilizing land. This article
examines the juridical interpretation of the “intent” requirement in determining whether land is deemed
abandoned. The absence of a clear, objective definition of “intentionally” poses legal uncertainty and the risk of
arbitrary state action that may infringe upon constitutionally protected land rights. Through normative
juridical analysis, this study argues that the subjective nature of “intent” must be clarified by observable
indicators, such as prolonged inaction, overgrown physical conditions, or documented administrative neglect.
The research further highlights potential contradictions in implementation, including unequal treatment
between state-held land and privately held plots. In conclusion, while abandoned land policies are essential for
equitable agrarian reform, the state must ensure legal certainty, procedural safeguards, and proportional
interpretation of "intent" to uphold agrarian justice and constitutional property rights. The paper recommends
technical guidelines for determining intent and emphasizes the importance of due process before revoking land
rights under the pretext of abandonment.

Perbandingan Hukum Jaminan Fidusia Antara Indonesia dan Belanda Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019

Lisya Jatasiri Christy — 2025-09-25

The Constititional Court Decision Number 18/PUU-XVII/2019 significantly changed the execution mechanism of fiduciary guarantess in Indonesia. Previously, creditors holding a Fiduciary Guarantee Certificate could directly execute the guarantee without a court ruling. Nevertheless, after the ruling, enforcement may proceed solely when the guaranteed asset is handed over willingly as a result of the debtor’s acceptance of their noncompliance. Otherwise, the creditor must seek court approval. This shift creates legal uncertainty and weakens the creditor’s legal standing. This paper addresses two main issues: (1) What are the impacts of the Constitutional Court Decision Number 18/PUU-XVII/2019 in conjuction with Decision Number 2/PUU-XIX/2021 on creditor protection in fiduciary guarantees ? And (2) How does the post-decision guarantee system in Indonesia compare to the Dutch legal system, particularly in terms of creditor protection and execution procedures? The study examnines how the Constitutional Court’s rulling affects vreditors’ right while also considering the Dutch non-possessory (silent pledge) as a potential reference for legal reform. Since 1992, the Netherlands has replaced fiduciary guarantees with the silent pledge, a system that ensures creditor priority without requiring court involvement and offers stronger legal certainty. This model may serve as a viable solution to improve the fairness and effectiveness of fiduciary guarantee enforcement in Indonesia.