The Evidentiary Power of the Deed Made Electronically by the Land Deed Officials

Abstract

The Indonesian government has passed Law 11 of 2020 on Job Creation to improve the investment ecosystem. The changes include the making of a deed of transfer of land rights, which has been made on the condition that the parties must appear before the Notary as land deed officials in person, to be made in electronic form. This step is not accompanied by an amendment to Article 5 paragraph 4 letter (b) of Law 11 of 2008 concerning ITE, which still determines that the provisions regarding ITE do not apply to letters and documents which according to the Law must be made in the form of notarial deeds or deeds made by PPAT. This research is conducted to provide legal solutions from the point of view of Legal Theory on the conflict between the 2 norms. This research is normative legal research. The results of this study indicate that based on the principle of Lex Specialis Derogat Legi Generali, the Job Creation Law must be applied over the ITE Law as far as how to make PPAT deeds made electronically are valid legal evidence if the making of electronic notarial deeds is carried out in accordance with applicable provisions.