Indonesia’s land law framework is moving decisively toward a single, formalised system of land ownership registration. This policy direction reflects the government’s long-standing objective to ensure that all land parcels are recorded, mapped, and certified under a uniform national registry administered by the National Land Agency or Badan Pertanahan Nasional (“BPN”).

Within this transition, particular attention has been placed on land historically controlled under customary practices and evidenced by documents such as Girik, Petuk Pajak Bumi, Letter C, and similar records. These documents, while widely relied upon in practice, were never designed as definitive proof of ownership under Indonesia’s modern land law system. A statutory deadline based on BPN Regulation No⁠⁠⁠. 16 of 2021⁠⁠⁠, which amends BPN Regulation No⁠⁠⁠. 3 of 1997 on the Implementing Regulation of the Government Regulation No⁠⁠⁠. 24 of 1997 on Land Registration is no later than 2 February 2026, which marks a decisive shift in how such documents will be treated going forward.

The shift in legal treatment stems from post–Job Creation Law regulations that introduce a transitional window for the formalisation of land originating from customary tenure. The regulations provide landholders with a finite period to convert historically held land into registered rights recognised by the state.

This framework does not abolish customary land ownership itself; rather, it changes the evidentiary value of traditional documents if registration is not completed within the prescribed timeframe. The emphasis is on aligning land ownership with administrative certainty, enforceability, and public record transparency.

Legal Consequences Post–Deadline:

1. Loss of Evidentiary Authority

After 2 February 2026, Girik and comparable customary land documents will no longer carry independent legal weight as proof of ownership. They will not, by themselves, establish rights over land in dealings with BPN, courts, or third parties.

That said, these documents are not rendered meaningless. They may still be presented as supporting materials to demonstrate historical control or possession when pursuing formal registration, but they will no longer be determinative.

2. No Automatic Reclassification as State Land

It is important to distinguish between the expiry of evidentiary recognition and the ownership of the land itself. The lapse of recognition does not result in the land automatically reverting to the state.

Instead, the land remains unregistered former customary land. However, without certification, the legal position of the landholder becomes significantly weaker, particularly in contested situations or transactions involving third parties.

3. Registration Pathways After 2 February 2026

Landholders who do not complete registration before the deadline retain the ability to apply for land rights through a post-deadline recognition process. This process places greater emphasis on factual possession and community acknowledgment, typically requiring:

• Proof of long-term, uninterrupted physical occupation exercised in good faith;
• Written declarations confirming the absence of disputes or competing claims;
• Confirmation that the land does not overlap with forest areas or government-controlled land; and
• Statements corroborated by independent local witnesses.

Compared to pre-deadline registration, this pathway involves heightened scrutiny and may entail longer processing timelines.

For purchasers and investors, land supported only by Girik or similar documents should be approached with caution. From a risk management perspective, formal certification should be obtained prior to closing any transaction.

In practice, requiring certification as a condition precedent helps ensure that ownership is enforceable, transferable, and defensible, particularly in financing arrangements or large-scale developments.

From 2 February 2026 onward, traditional land documents such as Girik will no longer stand as legally sufficient proof of ownership. Although they may still assist in demonstrating historical possession, only registered land titles issued by BPN will provide conclusive legal certainty. Landholders are therefore strongly encouraged to complete registration before the deadline to preserve their rights, reduce legal exposure, and safeguard long-term asset value.