PIPIL DOCUMENTS LEGALITY AS PROOF OF LAND OWNERSHIP RIGHTS OWNERSHIP IN BALI

Abstract

Pipil as proof of land ownership is not comparable in strength to a certificate. Pipil is used as proof of ownership of a land based on the Customary Agrarian Law which later became the source of the formation of the National Agrarian Law which was subsequently ratified by the Basic Agrarian Law of 1960 which was reinforced by Law No. 24 of 1997 concerning Land Registration. This study aims to find certainty that there is a legal basis for using pipil as proof of ownership rights, to provide information to the public regarding the importance of registering their land with the BPN and as a material consideration for communities who have not changed their proof of land ownership rights to the National Land Agency (BPN). The method used in this study is a normative method by studying laws and regulations and the results of research and writings from legal circles. The main topic of discussion is the legal basis for using pipil as proof of land ownership and the factors that form the basis for why there are still people who use pipil.

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PIPIL DOCUMENTS LEGALITY AS PROOF OF LAND OWNERSHIP
RIGHTS OWNERSHIP IN BALI
Ketut Diana Rista Pradnyadana1*, Putu Edgar Tanaya2
1,2Faculty of Law, Universitas Udayana
E-mail: 1) dianapradnyadana@yahoo.com, 2) edgar_tanaya@unud.ac.id
Abstract
Pipil as proof of land ownership is not comparable in strength to a certificate. Pipil is used as proof
of ownership of a land based on the Customary Agrarian Law which later became the source of the
formation of the National Agrarian Law which was subsequently ratified by the Basic Agrarian Law
of 1960 which was reinforced by Law No. 24 of 1997 concerning Land Registration. This study aims
to find certainty that there is a legal basis for using pipil as proof of ownership rights, to provide
information to the public regarding the importance of registering their land with the BPN and as a
material consideration for communities who have not changed their proof of land ownership rights
to the National Land Agency (BPN). The method used in this study is a normative method by studying
laws and regulations and the results of research and writings from legal circles. The main topic of
discussion is the legal basis for using pipil as proof of land ownership and the factors that form the
basis for why there are still people who use pipil.
Keywords: Certificate, National Agrarian Law, Pipil, Proof of Land Ownership
1. INTRODUCTION
Land is a promising investment land in the future which at the same time makes it
something rare and valuable. A plot of land becomes valuable and rare because land is
something that cannot grow or develop, especially since we produce it using sophisticated
human-made machines. However, we need to remember that development on a plot of land
is not only a matter of buildings and structures but also of living things that live on it and
living things that need land to support their lives. Therefore, it can be understood that the
source of our main life is soil. The dependence that occurs between humans and land is very
close because land existed before humans were born and humans could not be born if there
was no land (Suwahyuwono, 2018).
For human life, land also provides value which includes social, economic, cultural and
religious values (Suwahyuwono, 2018). Land as an inheritance that has been left by the
ancestors is land that is worthless. Land ownership in Bali is carried out in a niskala and
sekala manner. Land registration in Bali is done with Nyakapin Karang which aims to purify
and unite the land with the owner of the land so that harmony and harmony arise in acting
which also serves as niskala information that the land has been occupied and owned by
someone. (Yogantara & Darna, 2020).
On a scale or in real terms, land is registered by submitting an application to the National
Land Agency which is then given proof of granting a certificate to the applicant. However,
because land ownership in Bali is generally owned through inheritance, letters or proof of
ownership still use previous evidence, namely the pipil of land, since it was inherited

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considering that there is no clarity to whom the ancestors inherited it because the inheritance
system in Bali is in accordance with the family system it adheres to. namely the patrilineal
family system. Hence, an inheritance falls automatically into the hands of the sons in the
family. But this can no longer be maintained, bearing in mind that the turmoil that will be
caused requires valid and authentic evidence so that it can be recognized by the state and
legal in the eyes of the law.
Previously the author had explored several scientific papers related to the registration of
land certificates, one of which was a scientific paper written by Sinaga (2014) with the title
“Sertifikat Hak Atas Tanah dan Implikasi terhadap Kepastian Kepemilikan Tanah”. The
discussion written is about polemics that can arise in the certification process and the
implications that occur in society. And scientific writing from Febriawanti & Mansur (2020)
entitled “Dinamika Hukum Waris Adat di Masyarakat Bali pada Masa Sekarang”. This
article discusses the inheritance law system in Bali in its current condition which has
involved the courts in the distribution of inheritance while still being guided by the
customary inheritance system.
Based on tracing a number of scientific writings, according to the author it is important
to conduct research and write about the legality of pipil documents which are an inheritance
to be legally registered and recognized by the community and the state, considering that land
in Bali is a legacy that will continue to be passed down to the next generation and where the
customs in Bali take place.
This study aims to find certainty that there is a legal basis for using pipil as proof of
ownership rights, to provide information to the public about the importance of registering
their land with the National Land Agency (hereinafter referred to as BPN) and as a
consideration for people who have not changed their proof of land ownership rights to the
National Land Agency (BPN).
2. RESEARCH METHOD
The research method used the normative legal research method or also called doctrinal
legal research which looked at norms in society to found legal principles and legal doctrines.
The approach used in this research was the statutory approach (Marzuki, 2021). The making
of this journal was based on primary data and secondary data. Primary data comes from
Basic Agrarian Law (hereinafter referred to as UUPA) and Law No. 24 of 1997 concerning
Land Registration while secondary data taken through scientific writings from scholars who
had previously conducted research. In technical analysis, the authors used descriptive
analysis techniques that provide reaffirmation of the research that had been done.
3. RESULT AND DISCUSSION
3.1. Legal Basis for the Use of Pipil as Proof of Land Ownership Rights
The definition of land ownership rights has been stated in the Basic Agrarian Law,
namely Article 2 which states that the state is the owner of the highest right that controls the
right to use and also determines the legal relationship between a person and legal
consequences regarding earth, water and space. Article 4 of the UUPA also regulates land
ownership rights that can be owned by a person, either individually or with a legal entity.

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As part of human daily life which is a foothold, a source of daily livelihood and also as
a symbol of wealth in certain areas which is handed down directly by ancestors to their
grandchildren, such as in Bali. The land in question does not only regulate all of its parts,
but also land which also regulates juridically or can be referred to as rights. Land ownership
rights inherited in Bali are determined by customary provisions which also include ulayat
rights and individual land rights (Nugroho et al., 2017).
Proof of this right is shown by the ownership of a land certificate that has been registered
with the National Land Agency. The agency is an agency under the Ministry of Agrarian
Affairs which is given the authority to carry out state tasks, especially in the land sector.
This is based on the regulations that have been stated in the provisions of the law (Taqiyyah
& Winanti, 2020). However, not infrequently the community still uses other evidence as
ownership of their land, such as private ownership in Bali or a Certificate of Customary Land
(hereinafter referred to as SKTA) in Central Kalimantan given by a Damang (Kayun, 2017).
Pipil is a Tax Payment Receipt issued before 1960, the Balinese know pipil as proof of
ownership of land rights (Pradipta et al., 2020). The use of pipil for evidence of land
ownership is inseparable from the Customary Agrarian Law that was in force before the
1960 UUPA was codified, where ownership of land rights is based on eigendom-recht,
namely ownership of individual property that is full and absolute, rather than land ownership
by the state (Pradipta et al., 2020).
Prior to the promulgation of the agrarian law as a law containing rules regarding land,
dualism and legal pluralism in Indonesia it was still valid. This was part of the consequences
of the legal politics of the Dutch East Indies government. In land law, legal dualism shows
that apart from being based on customary law, land law is also based on western pedate law.
Based on the source, customary land law is abstract in nature to help and kinship in
accordance with the nature of customary law. Meanwhile, the pluralism of customary land
law shows differences based on the region or community where it applies or can be
simplified to show the diversity of customs and cultures that exist in Indonesia (Utama, Arya
Made I, 2017).
Surojo Wignjodipuro who has separated two types of land rights based on customary
law, including:
1) Commonwealth rights to land.
Van Vollenhoven gave a new term to the union, namely Beschikkingrecht which in the
Indonesian sense means customary rights which are also called lordship rights. The term
of this right is only found in legal partnerships based on territorial equality and legal
alliances based on territorial equality and blood ties (Atu Dewi, Anak Agung Istri,
2016).
2) Individual rights to land.
In this right, the partnership has the right to exercise legal ties. The legal affinity in
question is the relationship between the land and its owner along with those in the land.
The land ownership rights can be in the form of:
a) Property rights over land
b) The right to enjoy or control no more than one harvest (Arisaputra, 2011).

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Regulations regarding customary agrarian law then became the beginning of the
formation of the Basic Agrarian Basic Regulations Law which stipulates that in Article 19 it
regulates land registration which also carries out land surveying activities, draws land maps
and keeps land books, as well as registration of land rights and the transfer of these rights,
and finally voting as a sign of ownership of the rights.
Meanwhile, based on national agrarian law, the acquisition of land rights is seen based
on the status of available land, whether it is state land or private land. If it is state land, an
application for rights must be registered with the National Land Agency (BPN). If Land
Rights, then the process of obtaining the land rights by way of transfer of rights (buying and
selling, exchange grants, exchange) (Anatami, 2017)
3.2. What are the factors on which pipil is still used as evidence of ownership of a land?
The creation of various provisions by the government is aimed at a systematic data
collection process and concrete evidence in order to maintain the convenience and security
of assets owned by all Indonesian people, without exception. Various provisions that have
been created and codified are sourced from customary laws in Indonesia to ensure that rights
that have existed for a long time can be properly maintained.
Proof of ownership rights to land from the past until now has undergone such changes
in order to ensure ownership rights are confirmed. However, it is not uncommon for this goal
to encounter opposition from the public both because of different views and lack of education
from the government to the ancient community regarding land registration. The purpose of
land registration itself has been stated in the 1960 Agrarian Law and Government Regulation
Number 24 of 1997 concerning Land Registration which aims to provide legal certainty and
legal protection to right holders with evidence in the form of land books and land certificates
consisting of copies of land books and measurement letter (Korompis, 2018). The UUPA
also regulates the legal consequences that can arise from land registration to the owner,
which is regulated in Article 19 paragraphs (1) and (2) (Kumara et al., 2021).
Types of land certificates are divided into three (3), including:
1) Freehold Title.
Property rights are rights that can be used to benefit from these rights. Benefits that can
be used can be in the form of objects as long as they are not against the law and violate
the rights of others. Certificates with proprietary status can only apply to Indonesian
citizens or citizens and can have economic value.
2) Usage Rights Certificate.
Certificates of usage rights or building use certificates are generally used in building
ownership. This is because it provides usufructuary rights to use the building with non-
private ownership status because the building stands on state-owned land. Building use
rights certificates can be guaranteed as debt with a maximum validity period of fifty
years.
3) Business Procurement Right Certificate.
Business procurement rights certificates can generally be used for land accounting
responsibilities, fishponds or livestock activity. Business procurement rights are only
valid for 25 – 35 years and can be extended by mutual agreement for up to twenty five
years (Mahawira & Landra, 2019).

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One of the factors that has become a factor for people in Bali is not to register their land
with the National Land Agency (hereinafter referred to as BPN) because the land where they
live is inherited land or girik. The inheritance system in Bali uses a mayoral inheritance
system where the inheritance will go to the eldest son, especially in Bali it goes to the oldest
son (Febriawanti & Mansur, 2020). This is in accordance with the kinship system in Bali
which still adheres to the patrilineal kinship system or lempeng ka purusa (Arta et al., 2018),
which gives more inheritance rights to sons - considering that the burden that will be borne
by a son is wider than that of a daughter who will enter (nyeburin) into the husband's family
after marriage later (Wayan & Sudantra, 2016). In this inherited land or girik, there are more
than one family who inhabit the inherited land, because sons will not leave their families.
Unless the boy does a nyentana marriage into the girl's family. Nyentana or nyeburin
marriages are marriages in which everything starts from the woman's side, starting from the
application procession to the wedding carried out by the woman (Astiti, Putra Astiti Tjok,
2017).
Because in this inherited land there is more than one family head who lives, this is the
main factor that people in Bali have not registered their ownership rights to their land with
a certificate as valid proof in the eyes of the law.
Even so, the existence of the land must still be converted to BPN in order to
subsequently obtain a certificate for proof of ownership in order to avoid the emergence of
juridical problems (Sinaga, 2014). On the basis of Government Regulation No. 10 of 1961
or Government Regulation No. 24 of 1997, the real owner can take the procedure for
changing ownership and then obtain proof of ownership on behalf of the real owner as the
applicant. The conditions that must be met to make the change are as follows:
1) Management in the Village
a) Certificate of no dispute.
It is necessary to ensure that the land being managed is not problematic land. This
can be proven by the applicant having valid evidence. As supporting evidence, the
applicant also provides signatures from the Head of the Environment and the
authorized traditional leaders.
b) Certificate of Land History.
The second requirement is to provide a land history letter to explain in writing the
owner's history of acquiring land, starting from the registration at the ward to the
current owner's ownership. For example, inherited land that has been sold and the
portion of land that has been transferred is also recorded and explained.
c) Certificate of Sporadic Land Ownership.
This land certificate provides information regarding the acquisition date of a land.
2) Management at the Land Office.
a) Apply for a certificate.
This submission requires several documents to support the issuance of a land
certificate. The documents needed include: attaching documents that have been
previously issued by the village, identity card and family card of the applicant,
ongoing annual land and building tax, and other required documents.

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b) Measurement.
The measurement of the land area will be carried out by the land officer after the
documents are declared appropriate and the documents are obtained from the land
office.
c) Approval letter
Land measurements that have been completed by officers will then be printed and
mapped by BPN signed by the authorized official as a form of validation.
d) Committee Officer A.
Committee A members are a combination of BPN officers and the local village
chief tasked with conducting research on the land for which the certificate is being
applied for.
e) Announcement of data at the Village chief Office and the State Land Agency
Office.
Announcement of data made at the village chief office and the BPN office is in the
form of information regarding the applicant's legal status for sixty days. This refers
to Article 26 Government Regulation Number 24 of 1997 concerning Land
Registration with the aim of providing certainty that after the legal status of the land
is ascertained there are no parties who object.
f) Issuance of Certificate of Land Rights.
A Certificate of Land Rights can be issued if after sixty days no party has objections
to the legal status of the land. Ownership proven by pipil can be replaced by the
issuance of a Certificate of Ownership.
g) Acquisition Duty of Right on Land and Building (BPHTB)
BPHTB payments are adjusted to the land area and the Sales Value of Tax Objects
(NJOP).
h) Registration of Certificate of Right to issue a certificate.
The next stage is the registration of a Certificate of Rights which is marked by the
issuance of a certificate for Registration of Rights and Information (PHI).
i) Certificate Retrieval.
For the last stage, namely taking the certificate of ownership, the owner can take
the certificate at the counter that has been provided at the BPN office
(Indonesia.Go.ID, 2021).
In order to provide smoothness in the land registration process, the Government
implements a program based on Ministerial Regulation (hereinafter referred to as PERMEN)
No. 2 of 2015 which created the Community Service for Land Certification (LARASITA)
program as an e-government based service to assist communities in certifying land to
facilitate certainty, open and systematic flow to improve service delivery to the public to
support the implementation of one-stop integrated services according to what has been
stipulated in Presidential Decree No. 97 of 2014 (Rampi, 2018).
4. CONCLUSION
Proof of ownership of a land in the form of pipil is based on customary agrarian law
which was subsequently ratified through the 1960 Basic Agrarian Law which was further
regulated through Government Regulation Number 24 of 1997 concerning Land

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Registration. Pipil as proof of land ownership must be certified immediately. The factor that
underlies the community's not yet registering their land with the BPN and obtaining a
certificate is that the land is inherited land or girik land that is occupied by more than one
family head. Nonetheless, land ownership as evidenced by a certificate is an important matter
and has legal force and cannot be contested unless there are other documents as opponents.
The process of registering inherited land or girik land at the BPN is required to go through
two stages, namely registering at the subdistrict office and then registering at the land office.
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