E ISSN: 2583-049X
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International Journal of Advanced Multidisciplinary Research and Studies

Volume 6, Issue 3, 2026

Legal Protection for Good Faith Purchasers in the Sale and Purchase of Certified Land Unlawfully Transferred by Third Parties



Author(s): Munazar, Husni, M Adli

DOI: https://doi.org/10.62225/2583049X.2026.6.3.6345

Abstract:

Legal protection for good faith purchasers is guaranteed under legal norms. In the Circular Letter of the Supreme Court (SEMA) No. 4 of 2016 concerning the Implementation of the Formulation of the Results of the 2016 Supreme Court Plenary Meeting, purchasers acting in good faith in land sale and purchase transactions must be protected if they subsequently encounter legal disputes concerning the land. Furthermore, Article 1338 of the Indonesian Civil Code (KUHPerdata) stipulates that agreements must be executed in good faith. One case that occurred in Bireuen Regency involved Mawardi, a good faith purchaser in a land sale and purchase transaction in which the land was transferred by a third party, resulting in financial losses. This study aims to identify and analyze the significance of legal protection for good faith purchasers in land sale and purchase transactions involving transfers conducted by third parties who are not the lawful holders of land rights.


Keywords: Legal Protection, Good Faith Purchasers, Certified Land, Unlawfully Transferred

Pages: 675-680

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