Community Girik Holders Don't Worry, Can Be Changed into SHM

JAKARTA - The Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN) appeals to the public who are still holding girik this year not to worry.

"People who still have girik today do not need to worry or be eaten by irresponsible information. If the land is occupied, controlled, it can still be applied for a land certificate through the land office," said Head of the Public Relations and Protocol Bureau of the Ministry of ATR/BPN Shamy Ardian as reported by ANTARA, Wednesday, July 7.

Various anxieties arise among the public regarding the status of land which until now is still based on girik and has not been changed into a certificate.

In response to this, the Ministry of ATR/BPN emphasized that the people's land remains the people's right and can still be processed to obtain a certificate of land rights.

The provision regarding the ineffectiveness of old land deeds, such as girik, verponding, and other western rights evidence, is contained in Government Regulation (PP) Number 18 of 2021.

Article 95 of the PP explains that written evidence of former western rights is declared invalid and the status of the land becomes land directly controlled by the state if it is not registered.

However, old land documents are not necessarily ignored.

Girik and similar letters can still be used as a guide in the process of land registration until the issuance of the Certificate of Ownership (SHM).

To be able to apply for a certificate, the public only needs to make several statements related to the history of ownership and possession of land which is supported by at least 2 witnesses and is known by the local village or sub-district government.

"For two witnesses, it must be those who know and can strengthen the history of ownership and physical possession of the land by the applicant, usually neighbors around or community leaders who know that the land has been physically controlled for a long time," said Shamy Ardian.

Regarding the cost of processing certificates, Shamy Ardian said that it varied depending on the type of land use, area, and location.

"For the simulation of conditions and costs, the public can see in detail in the Sentuh Tanahku application," he said.

He added that all the costs of processing certificates refer to the provisions of the Non-Tax State Revenue (PNBP) and applicable tax obligations.

The public is urged to ask for details of the cost directly to the land office in order to obtain clear and transparent information.

The government is currently continuing to socialize and accelerate land registration so that the public can obtain legal certainty.

Land title certificates are the only proof of ownership recognized by the state and provide full legal protection in the future.