Good Faith as a Basis For Claims of Control in the Settlement of Disputes Over Traditional Land Rights in Bali

Introduction: This writing aims to negate the main function of good faith in land registration through sporadic or systematic conversion so that it is useful in ensuring justice and certainty regarding control and/or ownership of land rights after the certificate is issued. Objective: The primary objective of this research is to investigate how the principle of good faith functions in land registration, particularly in the context of sporadic and systematic conversion. The study seeks to understand how good faith influences justice and certainty in land control and ownership after the issuance of certificates. It also aims to evaluate the different perspectives from judges and the local customary culture in resolving land disputes in Bali. Theoretical Framework: This research is grounded in the theories of coherence and correspondence, which offer valuable frameworks for understanding the alignment of legal principles with real-world land ownership disputes. The theory of coherence examines the logical consistency and interrelations within legal arguments, while the theory of correspondence addresses the alignment between legal rules and the actual physical control of land. These theories are applied to evaluate the role of good faith in validating land ownership claims during the conversion process. Method: The research employs a combination of normative and empirical legal research methods. Normative research is utilized to analyze existing legal frameworks and regulations related to land registration and ownership, while empirical research involves purposive sampling of land disputes resolved in District Courts and traditional village settings. The study includes analysis of court judgments and local customary practices to examine how good faith is interpreted and applied in the conversion of land certificates. Results and Discussion: The findings reveal a significant divide in judicial perspectives concerning land ownership claims through the PTSL conversion process. Some judges prioritize the issuance of a certificate as the final indicator of ownership, while others give greater weight to the principle of good faith, evaluating claims based on the intent and behavior of parties involved in the land conversion. The research also highlights the role of the village community (krama desa) and their reliance on physical control of land, contrasting with the legal validation of ownership based on certificates. The discussion emphasizes the need for a balanced approach that incorporates both legal formalities and the cultural practices of land control. Research Implications: This study provides important implications for legal practitioners, policymakers, and scholars in the field of land law. The findings suggest that there needs to be greater clarity in the application of good faith within the land registration process to ensure equitable outcomes for all parties. Furthermore, the research advocates for the integration of customary practices in the legal framework to enhance the consistency and fairness of land ownership claims. The study also contributes to the ongoing discourse on land disputes and the challenges in balancing legal rights with community traditions. Originality/Value: This research is valuable in its exploration of the interaction between legal principles and cultural practices in the context of land registration. It provides original insights into how the principle of good faith can be applied in land conversion processes, contributing to a more comprehensive understanding of land rights and ownership in Bali. The study's use of both legal theory and empirical data makes it a unique contribution to the field of land law.