Legal Protection against Buyer in Good Faith on Dual-Certified Land

Saparwadi Saparwadi, Aris Munandar, Widodo Dwi Putro


The sale and purchase agreements, particularly the sale and purchase of land often have disputes, either at the pre-agreement, the agreement even until to the execution of the agreement. The most underlying thing for land purchase agreement dispute is that one of the two parties has a bad faith. Sale is an agreement, therefore the provisions of the agreement in Book III of Civil Law, especially article 1338 shall be the reference in a sale and purchase agreement. In practice, there are many land-buying and selling disputes that harm the buyer to the public because the land he has bought through a buy and sell agreement before the notary and PPAT in the future found that the seller is a person who is not entitled or the original owner sued the sale. In this research, land sale and purchase disputes were caused by a double certificate issued by BPN. The seller and the original owner each hold a certificate with the same land object. The original owner sued the issuance of the certificate held by the seller and the lawsuit was granted. This research aims to analyse the responsibilities of juridical National Land Agency (BPN) on double-certified land and legal protection of the buyer in good faith in buying and selling of dual-certified land objects. This method of research using empirical legal research methods means research using fact-in-field deeds as primary data aimed at obtaining a tangible, clearer, and systematic picture of the National Land Agency (BPN) responsibilities that involve dual-certificate and legal protection against purchasers of a dual-certified land objects. The approach used is the case approach, the sociological approach, the statute approach, the conceptual approach. The result of this research are, a. BPN in issuing the certificate refers to the Government Regulation No. 24 of 1997 on land registration and BPN is not able to detect the possibility of data manipulation by the applicant because BPN has no obligation to do materically check the application data for certificate issuance. In addition, BPN gives false information to the land related to the soil that will be the object to buy and sell as a result of not being coordinated between the ruling on the court with BPN related to the land matter and the form of an administrative liability of BPN, namely the accountability of the Administration (Condemnatoir) or the creation (constifutif), b. Akmaludin is a buyer of the government, but does not obtain legal protection due to the decision of the Mataram state court number 30/PDT. G/2013/PN. Mtr. Not consider circular letter of the Supreme Court number 7 year 2012.


Legal Protection; Good-Faith Buyers; BPN

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The Books

Hamzah, Andi, Kamus Hukum, Ghalia Indonesia, Jakarta, 2005.

Notoatmojo, Soekidjo. Etika dan Hukum Kesehatan, Rineka Cipta, Jakarta, 2010.

Titik, Triwulan dan Shinta Febrian, Perlindungan Hukum bagi Pasien, Prestasi Pustaka, Jakarta, 2010.

The Legislation

The Civil Code of law

Law No. 5 year 1960 concerning Basic Agrarian Regulations (State Gazette of the Republic of Indonesia year 1960 number 104 addition of State Gazette of the Republic of Indonesia number 2043).

Circular letter of the Supreme Court, No. 7 year 2012 on the formulation of PLENAO meeting results Supreme Court room as an acting for the court.

Circular letter of the Supreme Court No. 5 year 2014 concerning the formulation of PLENAO results of the Supreme Court room as a duty to the Tribunal.

Circular letter of the Supreme Court No. 4 of 2016 concerning the formulation of PLENAO results of the Supreme Court room as the task executor for the court.

Presidential regulation No. 63 year 2013 on national Land Agency of the Republic of Indonesia.

Regulation of the Minister of Agrarian state/head of National Land Agency number 3 year 1999 about the delegation of the authority to grant and cancel the decision on the granting of land rights.

Regulation of the Minister of Agrarian state/head of national Land Agency No. 9 year 1999 on procedures for granting and annulment of land rights and management rights.



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