Responsible shrimp farming can be achieved by ensuring the legality of farms, beginning with the land utilized for farm operations. Regarding land legality, one of the provisions that remains unclear in Indonesia is the provision on girik.
Initially, girik and other written documentation, such as petuk pajak bumi or landrente, pipil, kekitir, and verponding Indonesia, were the written evidence for registering old rights. However, with the enactment of several regulations, there have been modifications to the status of girik.
Current Provisions for Proof of Land Ownership in Indonesia
Since the enactment of Government Regulation (PP) Number 18 of 2021, girik is no longer legal evidence of land ownership. Girik is only proof that the holder has paid taxes on the land and the buildings on which it is located. It cannot be compared with a valid land certificate.
The Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN), Nusron Wahid, emphasized that girik is no longer valid if the land in an area has been certified. However, there is an exception in the event of an administrative error. "If there is an administrative issue that is proven in less than five years, girik can still be used as evidence," according to Nusron as quoted by Tempo.
Prior to the enactment of Law Number 5 of 1960 on Basic Agrarian Regulations (UUPA), girik and other written documents, as previously mentioned, served as proof of land rights. However, since the UUPA and Government Regulation Number 10 of 1961, which was repealed by Government Regulation Number 24 of 1997, only an official land rights certificate has been considered valid legal proof.
Impact on Shrimp Farmers
There are still many shrimp farmers who only have girik or Letter C book for the land where their farms are located. Many of them do not have any legal documents to prove their land ownership as well.
Farms without official legal documentation of ownership are at greater risk of facing conflict. These farms can be evicted without compensation, as happened in Glagah, Kulon Progo.
In addition to the risk of eviction, farms without clear legal status are prone to land disputes with other parties. These disputes might arise from overlapping claims of land ownership and changes in regional spatial plans. As a result, shrimp farmers would not only lose their livelihoods, but also face significant financial losses.
One of the follow-up incidents involving illegal shrimp farms took place in West Nusa Tenggara. Of the 1,071 shrimp farms in operation, 881 were deemed illegal, with all of them located in Sumbawa Regency.
Indonesia's Corruption Eradication Commission, through the Coordination and Supervision Directorate for Region V, then made five (5) recommendations for improvement that were agreed upon by the West Nusa Tenggara Provincial government. These suggestions are intended to ensure that shrimp pond operations adhere to regulations and contribute to regional original revenue.
In addition to making recommendations, Indonesia's Corruption Eradication Commission assisted local governments by conducting direct inspections of shrimp farms. The inspection found that 90% of shrimp farms lacked proper IPAL, the waste management system was limited to sedimentation, and many farms still discharged waste directly into the sea.
The Importance of Ensuring the Legality of Shrimp Farm
Legalities, such as official land certificates, Good Fish Cultivation Methods (CBIB), and the Approval of the Suitability of Marine Space Utilization Activities (PKKPRL) are forms of protection for shrimp farming businesses in Indonesia. If shrimp farmers fulfill this legality, they can operate their businesses more safely.
Legality in shrimp farming businesses can also help to alleviate the societal tension. With legality, shrimp farmers have clear guidelines and boundaries for running their business, ensuring responsible shrimp farming practices.
References
Penjelasan Kementerian Agraria soal Girik Tanah yang Tak Lagi Berlaku Mulai 2026 | Tempo
