Irony in Indonesia: SHM Owners Evicted from Their Homes

The Certificate of Land Ownership (SHM) is widely regarded as the highest legal form of land ownership in Indonesia. Many citizens feel safer after obtaining an SHM, believing their land is protected from potential disputes. Unlike the Right to Build (HGB), which has a fixed validity period, SHM remains valid indefinitely as long as ownership is legally recognised. This has led many to view SHM as a symbol of certainty and security in property ownership. However, possessing an SHM does not always guarantee immunity from legal issues. Land disputes, duplicate certificates, and land mafia practices persist even when owners hold official SHMs. A notable case of duplicate SHMs involved the eviction of residents who held official certificates in Setia Mekar Village, Tambun Selatan District, Bekasi Regency, West Java. The case began with a land dispute between Djuju and Hamid. Djuju owned a 3.6-hectare plot since 1973. He sold the land to Abdul Hamid via a Deed of Sale (AJB) in 1976. However, Abdul Hamid did not immediately complete the name transfer process at the National Land Agency (BPN). As a result, Djuju fraudulently sold the same land to another person named Kayat. Kayat, believing he had the AJB, proceeded to transfer the land title. After the BPN transfer process, certificates in Kayat’s name were issued with numbers 705, 706, 704, and 707. Kayat then sold the land to other residents, including Asmawati, Yaldi, and Mursiti. They occupied plots with SHM No. 706 in Kayat’s name, the original certificate dated 1982. Meanwhile, Abdul Hamid’s heir, Mimi Jamilah, sued Kayat, arguing that the 1982 Deed of Sale was invalid.