Legal Certainty Assurance for Third Parties in Disputed Land Transactions

Legal certainty for third parties in disputed land transactions remains a significant issue in Indonesia’s land law system, particularly where registered ownership is challenged by competing claims. Although previous studies have examined land registration and legal protection for landowners, further analysis is needed of how the evidentiary status of land certificates and the principle of good faith affect third-party protection in disputed transactions. This study aims to analyze the legal framework governing the protection of third parties in disputed land transactions and identify the limitations of existing legal mechanisms. It employs normative juridical research using a statutory approach, with relevant legislation and legal literature as the primary materials of analysis. The findings indicate that land certificates constitute strong evidence of ownership but do not eliminate the possibility of competing claims, leaving third parties exposed to legal uncertainty. The effectiveness of protection consequently depends on the validity of the underlying title, the assessment of good faith, and the consistency of land registration and dispute resolution mechanisms. This study highlights the need to strengthen the accuracy of land registration records and the application of legal standards for protecting good-faith third parties. These findings contribute to the evaluation of Indonesia’s land law framework and provide a basis for further research into administrative practices and judicial decisions concerning disputed land ownership.

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Publication Details

Journal
POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)
Published
2026-10-26
DOI
https://doi.org/10.55047/polri.v5i4.2421
Primary Topic
Legal Studies and Policies
Type
article
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article

Legal Certainty Assurance for Third Parties in Disputed Land Transactions

Aloysius Uwiyono, Siti Nurbaiti, Nico Nico
POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)
Legal Studies and Policies
article

Legal Certainty Assurance for Third Parties in Disputed Land Transactions

Aloysius Uwiyono, Siti Nurbaiti, Nico Nico
article en

Abstract

Legal certainty for third parties in disputed land transactions remains a significant issue in Indonesia’s land law system, particularly where registered ownership is challenged by competing claims. Although previous studies have examined land registration and legal protection for landowners, further analysis is needed of how the evidentiary status of land certificates and the principle of good faith affect third-party protection in disputed transactions. This study aims to analyze the legal framework governing the protection of third parties in disputed land transactions and identify the limitations of existing legal mechanisms. It employs normative juridical research using a statutory approach, with relevant legislation and legal literature as the primary materials of analysis. The findings indicate that land certificates constitute strong evidence of ownership but do not eliminate the possibility of competing claims, leaving third parties exposed to legal uncertainty. The effectiveness of protection consequently depends on the validity of the underlying title, the assessment of good faith, and the consistency of land registration and dispute resolution mechanisms. This study highlights the need to strengthen the accuracy of land registration records and the application of legal standards for protecting good-faith third parties. These findings contribute to the evaluation of Indonesia’s land law framework and provide a basis for further research into administrative practices and judicial decisions concerning disputed land ownership.

POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI)Vol. 5(4)
Universitas Trisakti (ID)
Openalex Percentile: Top 3%
Legal Studies and Policies
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