Transformation of Land Rights Evidence in the National Agrarian System After the 2026 Abolition of Customary Documents: A Study of Legal Certainty and Agrarian Principles

Abstract

The abolition of customary documents as evidence of land history in 2026, as regulated in Government Regulation Number 18 of 2021, marks a fundamental shift in the architecture of land rights evidence in Indonesia. This study aims to analyze the impact of this policy on the evidentiary system within the framework of national agrarian law, examine its normative and administrative implications for communities previously reliant on customary-based evidence, and assess the extent to which post-2026 evidentiary transformation can realize the principle of legal certainty. Using a normative juridical approach and linking it to agrarian principles, this research examines the structural changes in evidentiary mechanisms following the exclusion of customary documents from land administration processes. The findings show that the abolition has created gaps in initial evidence and procedural irregularities, thereby expanding public uncertainty in demonstrating the origins of land tenure. Furthermore, the disappearance of customary documents weakens the evidentiary position of communities and increases dependence on state administrative verification, particularly regarding access and validity. On the other hand, the transformation of the evidentiary framework has not fully achieved legal certainty due to variations in practice, data fragmentation, and the wide interpretive discretion of officials. These findings underscore the need for measurable transitional evidentiary guidelines, inclusive administrative recognition schemes, and standardized procedures to more effectively achieve the objectives of agrarian reform and legal certainty.