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VOL. 9, ISSUE 4 (2023)
Dispute resolution for girik land: Recent laws and practices on evidentiary position
Authors
Natasha SR, Iman Jauhari, Dahlan
Abstract
Certificate is proof
of rights that applies as a strong evidentiary tool regarding physical data and
juridical data contained therein, as long as the physical data and juridical
data are in accordance with the data contained in the land rights book and the
relevant certificate. measurement, according to Article 32 Paragraph 1 of the
Land Registration PP. While girik is a certificate of land objects that shows
legal control for tax purposes. Therefore, the certificate of ownership is more
respected by law when there is a dispute between it and girik. The letter of
girik turns out that under certain circumstances it can cancel the certificate
of title to the land. to inflict damage and reverse the law against the
parties. The purpose of this study is to see and analyze how the legal system
in Indonesia treats land with girik status. In addition, it will be studied and
analyzed how the Indonesian legal system handles proving land rights with girik
status. Normative legal research, using a statutory approach, a contextual
approach, and a case approach, is the method used in this study. The findings
of this study show that girik land is a position originating from former customary
land in Indonesia and is used as evidence in registering land rights to convert
them into rights as stipulated in Article 16 of the UUPA. Girik is no longer
used as proof of ownership of land rights after the UUPA comes into force.
Girik land is not proof of ownership of land rights; Rather, it is evidence of
one's control over the property. Conversely, the evidentiary power of a
person's girik can be strong if it is supported by additional evidence of his
ownership of land. People with girik status are encouraged to complete land
registration in accordance with the guidelines of the land registration PP and
PP No. 18 of 2021. This is done to ensure that land rights, such as property
rights, product use rights, building use rights, or other rights regulated in
Article 16 of the UUPA, are placed on girik land. To protect girik certificate
holders who are used as documentation of land ownership and to provide legal
certainty to them, it is also recommended that the government make strict
regulations governing girik.
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Pages:88-93
How to cite this article:
Natasha SR, Iman Jauhari, Dahlan "Dispute resolution for girik land: Recent laws and practices on evidentiary position". International Journal of Law, Vol 9, Issue 4, 2023, Pages 88-93
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