Heart-wrenching story of SHM holders evicted from their homes

Sertifikat Hak Milik (SHM) is widely regarded as the highest legal form of land ownership in Indonesia. Many citizens feel more secure holding an SHM, believing their land is protected from disputes. Unlike Hak Guna Bangunan (HGB), which has a limited validity period, an SHM remains valid for as long as ownership is legally sound. This has led many to view SHM as a symbol of certainty and security in property ownership.

However, SHM does not always guarantee a property is free from legal issues. Land disputes, duplicate certificates, and land mafia practices persist even when owners hold official SHMs.

A high-profile case of duplicate SHMs involved the eviction of residents in Desa Setia Mekar, Tambun Selatan District, Bekasi Regency, West Java, who possessed valid SHMs. The dispute began between Djuju and Abdul Hamid. Djuju owned 3.6 hectares of land since 1973 and sold it to Abdul Hamid via an Akta Jual Beli (AJB) in 1976. However, Abdul Hamid did not immediately process the name transfer at the Badan Pertanahan Nasional (BPN). Consequently, Djuju fraudulently sold the same land to Kayat.

Kayat proceeded with the name transfer at BPN, resulting in certificates numbered 705, 706, 704, and 707 under his name. Kayat then sold the land to residents including Asmawati, Yaldi, and Mursiti, who occupied plots with SHM No. 706 issued by Kayat in 1982. Separately, Abdul Hamid’s heir, Mimi Jamilah, sued Kayat, claiming the 1982 AJB was invalid.