Will Uncertified Land Be Seized by the State in 2026?

6 hours ago 3
Land ownership certificate in Soreang, Bandung Regency, West Java, December 2017. Tempo/Prima Mulia

TEMPO.CO, Jakarta - A rumor has been circulating on social media claiming that unregistered land will be taken over by the state. This issue emerged following the government's plan to no longer enforce old land proofs like girik (customary land ownership), verponding, and letter C starting in 2026.

Asnaedi, Director General of Land Rights Determination and Registration at the Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN), denied the circulating news.

"So, the information about unregistered land will be taken over by the state after 2026 is not true," Asnaedi said at the Ministry of ATR/BPN office in Jakarta on Monday, June 30, 2025.

He clarified that girik, verponding, and other former old rights have never been definitive evidence of land ownership. However, he explained, they can serve as an indication that a piece of land was once under customary right ownership.

"This is as stipulated in Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA), where former old rights like 'girik' can be recognized, affirmed, and converted in accordance with regulations," Asnaedi added.

He emphasized that the state does not confiscate land still held with girik or other former old rights. "If the girik exists, the land exists, and it still remains under the ownership. There is no connection to the state taking it over," Asnaedi affirmed.

Based on Article 96 of Government Regulation (PP) Number 18 of 2021 concerning Land Management Rights, Rights to Land, Apartment Units, and Land Registration, written evidence of former customary land owned by individuals must be registered within a maximum period of five years from the enactment of the Regulation.

Therefore, if calculated from the issuance of PP Number 18 of 2021, former customary lands should ideally be registered by 2026.

Asnaedi expressed hope that the public will be encouraged to promptly register their land to obtain a certificate, which serves as legal proof of ownership recognized by the state. According to him, this policy is part of the government's efforts to create legal certainty in land administration.

"We hope the public does not need to worry; instead, this is a moment for the public to quickly certify their land. The state is present to provide legal certainty, not to take away the public's rights," Asnaedi concluded.

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