Legal Protection for Buyers in Good Faith in Settlement of Land Rights Disputes

This study aims to analyze the form of legal protection for buyers in good faith in resolving land disputes and to examine whether the judge's considerations in the Supreme Court Decision Number 912/ PDT/ 2021/ PT SBY have provided legal certainty for buyers in good faith. This study uses a normative legal method, with a statute approach, conceptual approach, and case approach. The sources of legal materials consist of primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study show that legal protection for buyers in good faith is based on Article 19 of the UUPA, PP Number 24 of 1997 concerning Land Registration, and Article 1338 paragraph (3) of the Civil Code. In addition, SEMA Number 7 of 2012 and SEMA Number 4 of 2016 emphasize that buyers who have fulfilled legal procedures must be given protection, even though the seller does not have the right to sell the land. In the Supreme Court decision Number 912/PDT/2021/PT SBY, the judge provided legal certainty to buyers in good faith by recognizing the validity of the Deed of Sale and Purchase Number 14/2019, determining that the buyer has rights to the land purchased, and ordering the splitting of the land certificate as a legal solution to avoid further disputes. The conclusion of this study is that the judge's considerations in the decision have provided legal certainty for buyers in good faith through recognition of ownership rights and fair administrative settlement. To improve legal protection, it is recommended that there be legal education for the public, increased transparency of land administration, and strengthened the Supreme Court's jurisprudence regarding the protection of buyers in good faith.

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Publication Details

Journal
International Journal of Multidisciplinary Research and Growth Evaluation
Published
2025-01-01
DOI
https://doi.org/10.54660/.ijmrge.2025.6.2.516-520
Primary Topic
Legal Studies and Policies
Type
article
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article

Legal Protection for Buyers in Good Faith in Settlement of Land Rights Disputes

Lalu Husni, Lalu Hadi Adha, Imam Sakti Panduwijaya
International Journal of Multidisciplinary Research and Growth Evaluation
Legal Studies and Policies
article

Legal Protection for Buyers in Good Faith in Settlement of Land Rights Disputes

Lalu Husni, Lalu Hadi Adha, Imam Sakti Panduwijaya
article en

Abstract

This study aims to analyze the form of legal protection for buyers in good faith in resolving land disputes and to examine whether the judge's considerations in the Supreme Court Decision Number 912/ PDT/ 2021/ PT SBY have provided legal certainty for buyers in good faith. This study uses a normative legal method, with a statute approach, conceptual approach, and case approach. The sources of legal materials consist of primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study show that legal protection for buyers in good faith is based on Article 19 of the UUPA, PP Number 24 of 1997 concerning Land Registration, and Article 1338 paragraph (3) of the Civil Code. In addition, SEMA Number 7 of 2012 and SEMA Number 4 of 2016 emphasize that buyers who have fulfilled legal procedures must be given protection, even though the seller does not have the right to sell the land. In the Supreme Court decision Number 912/PDT/2021/PT SBY, the judge provided legal certainty to buyers in good faith by recognizing the validity of the Deed of Sale and Purchase Number 14/2019, determining that the buyer has rights to the land purchased, and ordering the splitting of the land certificate as a legal solution to avoid further disputes. The conclusion of this study is that the judge's considerations in the decision have provided legal certainty for buyers in good faith through recognition of ownership rights and fair administrative settlement. To improve legal protection, it is recommended that there be legal education for the public, increased transparency of land administration, and strengthened the Supreme Court's jurisprudence regarding the protection of buyers in good faith.

International Journal of Multidisciplinary Research and Growth EvaluationVol. 6(2)
Openalex Percentile: Top 92%
Legal Studies and Policies
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