ACTANOVA SCHOLARLY ARCHIVE
JCL Vol. 3, No. 3.1 (2026) pp. 1-11 Open Access Metadata Indexing Ready

The Ambivalence of the Nemo Plus Juris Principle in the Validity of Land Transactions in the Digital Verification System

Amrullah
Megawati Barthos
Institutional Publisher / Affiliation: Indonesian Journal Publisher

Abstract

The digitalization of land administration has driven fundamental changes in how the validity of land rights transactions is understood and applied in legal practice. The implementation of electronic certificates, database integration, and digital verification mechanisms has strengthened public reliance on the registration system as a source of administrative legitimacy. This development has given rise to normative ambivalence regarding the principle of nemo plus juris, which classically asserts that a person cannot transfer rights beyond what they own. When system data becomes the primary reference for verification, tension arises between the substantive truth of ownership and the administrative validity based on digital registration. This study aims to analyze the paradigm shift in the validity of land transactions in the digital era and formulate a conceptual reconstruction that balances the protection of original owners with the need to maintain legal certainty and transaction stability. The method employed is normative legal research with a limited statutory, conceptual, and comparative approach, through an analysis of the Basic Agrarian Law, Government Regulations on Land Registration, electronic certificate regulations, and electronic system provisions. The results reveal a dualism in validity between substantive and systemic aspects, which has the potential to create legal uncertainty if not clearly regulated. Reliance on digital systems broadens the meaning of legal legitimacy, but also presents the risk of systemic error and an incompletely defined distribution of responsibility. Reconstruction of the validity model is necessary through a reinterpretation of the nemo plus juris principle that adapts to technology, the establishment of digital verification-based due diligence standards, and the development of a legal protection model based on risk allocation. This approach is expected to strike a balance between the efficiency of digitalization and the protection of substantive ownership rights in the modern land system.
Keywords:
nemo plus juris land digitalization transaction validity electronic certificates reliance-based registry validity land digital legal system nemo

How to Cite & Export Metadata

Full-Text PDF Document

Live Preview
Having trouble viewing? Use the controls or open in a new tab. Source Portal Galley
Machine-Readable Indexing Metadata (Dublin Core) ↓
<meta name="citation_title" content="The Ambivalence of the Nemo Plus Juris Principle in the Validity of Land Transactions in the Digital Verification System">
<meta name="citation_journal_title" content="Journal Customary Law">
<meta name="citation_issn" content="3026-460X">
<meta name="citation_volume" content="3">
<meta name="citation_issue" content="3.1">
<meta name="citation_publication_date" content="2026">
<meta name="citation_doi" content="10.47134/jcl.v3i3.1.5854">
<meta name="citation_author" content="Amrullah">
<meta name="citation_author" content="Megawati Barthos">
Digital Archival & Preservation Notice (COPE Aligned)

This page represents an archival record of the peer-reviewed manuscript published by Indonesian Journal Publisher. ActaNova provides permanent digital preservation and global open metadata accessibility. Copyright of the manuscript remains with the original authors or publisher in accordance with their designated license.

Indexing Readiness Status

Google Scholar Tags Active
Dublin Core & OAI-PMH Compliant
DOAJ XML Schema 4.0 Valid
DOI Identifier Registered

Publication Details

Cover
Journal Customary Law Vol. 3 No. 3.1 (2026)
Managed By Indonesian Journal Publisher
Publication Date July 01, 2026
eISSN (Online) 3026-460X
Preserve & Index
Archive My Journal — Free