Application of Good Faith Principles in Transition and Registration of Land Rights with the Deed of Land Deed Making Officials as the Embodiment of Article 33 Paragprah (3) of the 1945 Constitution

Abstract

The principle of Land Law reads Nemo Plus Juris Transfere Potest Quam Ipse Habet which means that no one can transfer the rights to the land but the owner. In the Land Law, this means that the land can be transferred if the land owner transfers it before the competent official, in this case the Land Deed Official. This is in line with Article 28 H (4) of the 1945 Constitution which states that every person has the right to own private property and these property rights cannot be taken over arbitrarily by anyone. However, this principle doesn’t apply in practice. The provisions of article 33 paragraph (3) of the 1945 Constitution are not fully applied in the transfer and registration of land rights with the deed of the Land Deed Making Official, because there is a legal vacuum related to the meaning of the Good Faith Principle in the transfer and registration of land rights with the deed of the Land Deed Making Official. By incorporating the meaning of the Good Faith Principle in the transfer and registration of land rights with the deed of the Land Deed Making Official to the statutory regulations, the Government's Good Faith Principles will be realized in the form of Algemene beginselen Van Behoorlijk Bestuur.