Why Do Land Disputes Persist Despite SHM Ownership?

The Certificate of Land Ownership (SHM) is recognised as the strongest legal proof of land ownership. However, the presence of an SHM does not always guarantee a plot of land is free from disputes. In practice, various cases involving certified land persist, including duplicate certificates, overlapping land ownership, and document forgery leading to disputes over land rights.

Legal practitioner Adyanisa Septya Yuslandari, S.H., M.Kn stated that disputes can still occur even when someone holds an SHM. She explained that issues typically arise from legal flaws in the certificate issuance process.

Adyanisa explained that a common issue is two official certificates issued for the same land parcel, known as duplicate SHMs. This situation can be triggered by administrative errors, outdated land data not properly organised, or land mafia exploiting system loopholes.

Additionally, disputes can arise on certified land due to unresolved issues such as inheritance conflicts or family disputes over ownership rights.

Therefore, the public purchasing land or property is advised not to rely solely on the presence of an SHM. Key aspects to check include ownership history, potential court cases, location and land size accuracy, and certificate authenticity.

Verifying data with the National Land Agency (BPN) is also crucial to ensure no future legal issues arise.

‘Check the certificate at BPN to confirm it’s not disputed, review land history, ensure no duplicate certificates, conduct site inspections, and use a PPAT notary for due diligence,’ Adyanisa said.

She added that certified land disputes often stem from administrative issues or overlapping ownership documents.