Solo Case Highlights SHM Ownership Isn't Always Secure

SHM certificates are widely regarded as the strongest proof of land ownership in Indonesia. Many individuals feel secure holding an SHM, assuming the land is definitively protected from disputes. Unlike the Right to Build (HGB), which has a specific time limit, SHM is valid indefinitely as long as the land is lawfully owned. Hence, many citizens view SHM as a ‘security guarantee’ for property ownership. However, owning an SHM does not necessarily ensure a property is entirely free from legal issues. Land disputes, duplicate certificates, and land mafias continue to occur despite owners holding official SHMs. Despite its strong legal status, SHMs can still be problematic. Cases of duplicate certificates, overlapping land claims, and document forgery have led to contested ownership. Legal practitioner Adyanisa Septya Yuslandari, S.H., M.Kn explained that SHM holders may still face land disputes if the issuance process is legally flawed. In many Indonesian land dispute cases, both parties hold official certificates for the same plot of land (duplicate SHMs). Such issues often arise from administrative errors, outdated land records, and land mafia practices. Additionally, there are cases where certified land remains entangled in inheritance disputes or family conflicts. Adyanisa advises that before purchasing land or property, citizens should not solely rely on the presence of an SHM. Other factors to verify include land ownership history, court dispute status, size and location accuracy, and certificate authenticity. Buyers must also verify data with the National Land Agency (BPN), a crucial step to prevent future issues.