Abstract

Every individual has the right to own private property, and such rights must not be arbitrarily deprived. Prior to the enactment of Indonesia's Basic Agrarian Law (Undang-Undang Pokok Agraria/UUPA), the country's agrarian legal system was characterized by a dualistic framework that gave rise to various forms of land tenure. One such form is girik, a traditional document commonly associated with inherited land ownership that generally lacks formal land certification.

Girik land is typically passed down through generations without being formally registered, creating legal uncertainty and increasing the potential for disputes. This study employs a normative juridical research method using secondary legal materials to examine the legal status of girik as evidence of land ownership under Indonesian agrarian law.

The research addresses two principal questions: (1) What is the legal standing of girik as evidence of land ownership under Indonesian agrarian law? and (2) How can land held under girik status be converted into a formally registered land title?

The findings demonstrate that the Basic Agrarian Law (UUPA) does not recognize girik as conclusive legal proof of land ownership, as affirmed by Supreme Court Decision No. 34/K/Sip/1960. Accordingly, this study highlights the importance of formalizing girik land through the land registration and certification process in order to ensure legal certainty, strengthen property rights, and prevent future land disputes.