Easy And Fast: Complete Guidelines For How To Convert Customary Title To Land Ownership Certificate

How to convert girik to shm (artanews)

YOGYAKARTA - Achieving legal and secure land ownership is everyone's dream. Girik, as proof of historical land rights (customary title), needs to be upgraded to a Certificate of Ownership (SHM). So, how do you convert a girik to a SHM?

Many people consider the girik conversion process complicated and time-consuming. However, by understanding each correct step, you can easily process it. This article will explain everything in a simple and comprehensive manner.

Difference between Girik and SHM

As reported by Antaranews, land ownership in Indonesia often relies on two main documents: the Girik Land Title (Serikat Tanah Girik) and the Freehold Certificate (SHM).

While both Girik and SHM serve as proof of ownership, there are fundamental differences that make converting from a Girik to a SHM crucial.

• Girik

A Girik certificate is essentially a customary land ownership document issued by local officials.

A Girik document only proves management rights and tax obligations, but it does not have full legal force as proof of ownership.

Giriks are typically passed down through generations and are not officially registered with the government.

• SHM

In contrast, a Land Ownership Certificate (SHM) is the strongest proof of land ownership recognized by the state. Issued by the National Land Agency (BPN), a SHM provides legal certainty and full protection of ownership rights.

Significantly, a SHM has no expiration date and is valid for life as long as the owner remains.

Before the Basic Agrarian Law (UU PA) was enacted, a girik (land title) was the legal proof of land ownership. However, over time and with the issuance of new regulations, legal proof of ownership is now only recognized in the form of a land title certificate.

Furthermore, it's important to note that based on the latest regulations, a girik (land title) will no longer be valid from February 2, 2021, for the next five years, namely February 2, 2026.

Therefore, the government emphasizes the importance of immediately converting a girik to a SHM to avoid future legal issues. By obtaining a SHM, landowners will gain stronger and more legitimate legal protection in the eyes of the state.

Also read this article discussing the Criteria for HGB Land that Can Be Converted to a SHM for Residential or Commercial Use.

How to Convert Girik to SHM

In general, the process of converting a girik into a SHM is divided into two main stages, namely processing documents at the sub-district office and submitting an application at the Land Office (BPN).

Document Management at the Sub-district

The first step you need to take is to complete the necessary documents at the local sub-district office. There, a sub-district official will help you prepare several important documents, including:

• Certificate of No Dispute

This document serves as proof that the land you control is not in dispute with any other party. This letter will be signed by the village head and corroborated by witnesses from local community leaders, such as the neighborhood unit (RT), community unit (RW), or traditional leaders.

• Land History Certificate

It is important to provide evidence and explain in detail the history of land ownership, from the initial owner to you as the current applicant.

• Sporadic Land Ownership Certificate

This letter officially records when you started to actually control and utilize the land.

Submission of Application at the Land Office

Now, once all the documents from the sub-district office are complete, you can proceed directly to the local Land Office (BPN). Here are the steps you'll follow:

• Application Submission

Submit all the documents you've prepared, including documents from the sub-district office, photocopies of your ID card (KTP), family card (KK), and PBB (land tax) letter, to the registration counter. If you're represented by someone else, don't forget to include a power of attorney.

• Location Measurement

BPN officers will then go directly to the location to measure the land according to the boundaries you indicate.

• Issuance of Measurement Letter

The results of this land measurement will be validated in the form of a Measurement Letter signed by an authorized BPN official.

• Field Research

A joint team from the National Land Agency (BPN) and the sub-district office will examine the legal data and legality of your land.

• Legal Data Announcement

To ensure there are no objections from other parties, application data will be announced at the sub-district and BPN for 60 days, as mandated by Article 26 of Government Regulation Number 24 of 1997.

• Issuance of Rights Decree

Then, if there are no objections, the National Land Agency will issue a Decree (SK) on Girik Land Rights.

• Tax Payment

You will be required to pay Land Acquisition Tax (BPHTB). This tax is calculated based on the land area and the applicable Taxable Object Sales Value (NJOP).

• Registration and Issuance of SHM

Once all payments are complete, the Decree of Title will be registered and then issued as an official SHM.

Generally, this process can take around six months, but the length of time can vary depending on the completeness of the documents and the administrative situation at the National Land Agency (BPN).

Furthermore, the processing costs vary from case to case, as they are influenced by the location and size of the land. It's important to note that the larger and more strategic the land, the higher the costs.

Besides how to convert a Girik (land title) to a SHM (land title), stay tuned for other interesting articles. Want more interesting information? Stay tuned for the latest news from VOI and follow all of their social media accounts!