KEABSAHAN DAN PENGUASAAN AKTA PEMBERIAN HAK TANGGUNGAN DIGITAL DALAM SISTEM HAK TANGGUNGAN ELEKTRONIK BERDASARKAN UU ITE DAN PERMEN ATR/BPN NOMOR 5 TAHUN 2020

This study aims to analyze the legal status and implications of the validity and control of a Digital Deed of Granting Mortgage Rights (Akta Pemberian Hak Tanggungan or APHT) within the Electronic Mortgage Rights (HT-el) system based on the Electronic Information and Transactions Law (ITE Law) and Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) No. 5 of 2020. The research problem arises from the transition in the registration mechanism for Mortgage Rights from a conventional system to an electronic system, particularly when the Land Office issues an Electronic Mortgage Rights Certificate based on documents and data uploaded by the Land Deed Official (PPAT) without physically possessing the APHT. This study employs a normative legal research method using a statutory approach and a conceptual approach through a literature review of primary, secondary, and tertiary legal materials. The results show that a digital APHT constitutes an electronic document recognized as lawful evidence and retains its authentic character as long as it originates from the original deed prepared by the PPAT and fulfills the requirements of validity and data integrity. Control over the APHT in the electronic system has shifted from physical possession to control based on access rights and authority to manage the system. This condition continues to provide legal certainty as long as the security, reliability, integrity, and availability of the system are guaranteed. Therefore, the implementation of HT-el can provide legal protection and support the effectiveness of land administration. Regulatory harmonization is necessary to prevent conflicts between legal norms and strengthen legal certainty for PPATs, creditors, and debtors in the implementation of HT-el.