The Basics of Good Faith and Good Intention in Land Purchase System in Indonesia

• Main Author: Zaldi Pratama Bagus Putra
• Format: Article
• Language: English
• Published: Universitas Negeri Semarang 2020-07-01
• Series: Journal of Law and Legal Reform
• Subjects: legal protection; land rights; good intention
• Online Access: https://journal.unnes.ac.id/sju/index.php/jllr/article/view/39782
• ISSN: 2715-0941; 2715-0968

Double certificate is one of the problems in land law in Indonesia. The existence of this double certificate is closely related to legal protection in the land sale and purchase system in Indonesia. The paper is intended to analyze and describe the issuance of a double certificate for the same land field, the buyer of the land field loses the ownership certificate that is purchased by another party as a buyer with good intentions, because it has been carried out in accordance with the correct legal procedure, which means that the purchaser's certificate is guaranteed legal certainty. Legal protection for the purchaser of good land rights, that the buyer as a buyer has good intentions, with the issuance of the HGB certificate Number 181 Village/Cicau Village covering an area of ​​26,700 m2 in the name of the Defendant, is impaired, so that legal protection provided to the Plaintiff is filing an objection to the issuance HGB certificate to the Land Office as a preventive legal protection. The fact is that it does not bring results, the repressive legal protection measures that are submitting an application for cancellation of a certificate to the Court with the defendant Head of the District Land Office accompanied by an application to cancel the certificate, can also sue for compensation on the basis of the Seller and Defendant and the Head of the Bekasi District Land Office on the basis of having done unlawful acts as referred to in Article 1365 of the Civil Code.