Land disputes often start with something dismissed as trivial: an inheritance whose boundaries are unclear, land sold by a party who had no right to sell it, or simply relying on old papers as proof of ownership. In Purbalingga, land disputes are not fiction but a bitter reality that happens often and ends up on the bench of the Pengadilan Negeri (District Court). Many residents feel safe merely because they hold an inherited land document from their ancestors, such as a Girik or an Eigendom, without realising that in the eyes of modern law those papers carry very weak force.
It is this false sense of security that becomes the biggest opening for others to seize your rights. This article is a guide for the people of Purbalingga to understand the basic difference in legal strength between Girik, Eigendom, and the Sertifikat Hak Milik (SHM, the Freehold Title Certificate). Understanding this is the first step to protecting your land from a future dispute.
Old Ownership Traces: Dissecting the Weakness of Girik and Eigendom
Much land in Purbalingga is still held on the basis of old evidence from the colonial era. It is important to understand the legal status and the weakness of each type.
Girik: Proof of Tax, Not Proof of Ownership
Many people mistakenly treat a Girik (also called Letter C, Petuk D, or Kekitir) as a land ownership certificate. In reality, a Girik is not proof of a right over land. A Girik is essentially proof of the payment of land tax to the government in the old days.
To make this easier, imagine you own a motorbike. Holding a Girik is like holding only the annual tax receipt (the STNK), not the proof of ownership of the bike (the BPKB). You cannot claim ownership of the bike with the STNK alone, can you?
Since the Undang-Undang Pokok Agraria (UUPA, the Basic Agrarian Law) came into force in 1960, a Girik has no longer been recognised as valid proof of ownership. In court, a Girik is treated only as “preliminary evidence”. That means that if a dispute arises, you must be able to prove ownership with strong additional evidence, such as continuous physical possession of the land over decades and credible witnesses. Your legal position armed only with a Girik is very fragile.
Eigendom Verponding: Colonial Freehold That Has Already Ended
Unlike a Girik, which is proof of tax, an Eigendom Verponding was proof of absolute freehold during the Dutch colonial administration. In its day, it was the strongest proof of ownership. But its status changed completely after Indonesian independence.
The UUPA 1960 mandated that all Western land rights, including Eigendom, had to be converted or re-registered into land rights under Indonesian law (such as the Hak Milik / SHM). The government gave a conversion deadline of 20 years, which ended on 24 September 1980.
What happens if your Eigendom land has still not been converted today? Legally, the land falls into the status of land controlled directly by the State. As a former holder of the right you do have priority to apply for a new right over that land, but the process is no longer a simple “conversion” — it is “an application for a new right”. This is a very risky situation. If you delay, there is a chance that another party can apply for a right over that state land and obtain it lawfully.
Sertifikat Hak Milik (SHM): The Highest Legal Fortress
The Sertifikat Hak Milik (SHM) is the highest and strongest proof of ownership over land under the law in force in Indonesia. Under Article 20 of the UUPA, the Hak Milik is a right that is “hereditary, the strongest, and the fullest”.
The absolute advantages of the SHM over other evidence are:
- Maximum legal certainty: the SHM is the strongest evidence in court. The physical and juridical data recorded in it are deemed correct as long as no other party can prove otherwise.
- Valid forever: the Hak Milik has no time limit, is valid for the owner’s lifetime, and can be passed to heirs without any need for renewal.
- High economic value: only land with an SHM can be used as collateral or security to obtain a loan from a bank or other financial institution.
But bear in mind that, although it is the strongest, the SHM is not 100% immune from the law. An SHM can be challenged and annulled by a court if a legal defect is proven in the process of its issuance, such as being obtained in bad faith, document forgery, or false registered data.
A Comparison of Strength in the Eyes of the Law
To see the difference clearly, consider the following comparison table:
| Juridical Aspect | Girik | Eigendom Verponding (Not Converted) | Sertifikat Hak Milik (SHM) |
|---|---|---|---|
| Legal status | Proof of tax payment (preliminary evidence) | Western land right (legal status ended) | Proof of absolute freehold (strong evidence) |
| Legal basis | Colonial tax regulations | Burgerlijk Wetboek (the old Civil Code) | Law No. 5 of 1960 (UUPA) and PP No. 24 of 1997 |
| Legal certainty | Very low | None (becomes state land) | Very high |
| Strength in court | Weak, must be backed by other evidence (physical possession, witnesses) | Not recognised as an attached right | Very strong; data deemed correct unless proven otherwise |
| Function as bank collateral | Not accepted | Not accepted | Accepted by all financial institutions |
A Practical Guide to Converting Girik Into SHM in Purbalingga
Stage 1: Processing at the Village / Sub-District Office
This is the foundation stage for proving the history and status of your land. The documents to arrange include:
- A Statement of No Dispute (Surat Keterangan Tidak Sengketa): this confirms that your land is not under dispute with another party; it is signed by the Village Head (Kepala Desa / Lurah) and witnessed by the head of the RT/RW (neighbourhood unit).
- A Land History Statement (Surat Keterangan Riwayat Tanah): this explains the history of ownership down the generations, from the first record in the village book (Letter C) to your hands today.
- A Sporadic Land Possession Statement (Surat Keterangan Penguasaan Tanah Secara Sporadik): this is your declaration that you genuinely possess the land physically, also acknowledged by the Village Head.
Stage 2: Registration at the Land Office (BPN) in Purbalingga
Once all the papers from the village are complete, continue the process at the BPN (Kantor Pertanahan, the Land Office) in Purbalingga:
- File the application: come to the BPN counter with all the documents from the village, your personal documents (KTP, KK), and proof of the latest year’s land-and-building tax (PBB) payment.
- Land measurement: BPN officers will come to the site to measure and map your land. You must be present to show the boundaries.
- Committee A examination and announcement: your land data will be examined by a special team (Panitia A, Committee A). After that, the data will be announced for 60 days at the village office and the BPN to give any objecting party the chance to come forward.
- Issuance of the SHM: if there is no objection during the announcement period, the BPN will issue a Decree (SK) on the Land Right. After you pay the Fee for the Acquisition of Rights over Land and Buildings (BPHTB), the SHM will be issued and ready for you to collect.
Conclusion: Do Not Wait for a Dispute to Come
Owning land armed only with a Girik or an Eigendom Verponding is like building a house without a solid foundation. You may feel safe for a while, but you are very vulnerable to lawsuits and disputes that could cost you your most valuable asset.
Changing the status of your land into a Sertifikat Hak Milik (SHM) is the only way to obtain the highest legal protection and certainty. The process does take time and care, but it is the best investment for your and your family’s future. Do not aim merely to “get an SHM somehow”; make sure the SHM you hold is issued through a correct and legally strong process so that it cannot easily be challenged later.
If you find this process complicated or need guidance to make sure every step is correct across Purbalingga, Banyumas, Banjarnegara, Purwokerto, and Cilacap, do not hesitate to consult. Advokat Luthfi is ready to help the people of Purbalingga secure their rights over land, from processing at the village level to the issuance of a valid and strong SHM as your legal fortress. Protect your asset now, before it is too late. Your first consultation is free.