The implementation of good faith principles in the transfer and registration of land rights based on basic agrarian law

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Fathul Laila, Abdul Rachmad Budiono, Iwan Permadi, Istislam

2020 International Journal of Innovation, Creativity and Change Vol. 13 Issue 2 Article Cited by 0 SDG 2SDG 11SDG 16 Quartile

Abstract

Good faith is a fundamental principle in conducting an agreement. The good faith principle in Indonesia based on The Basic Agrarian Law (BAL) must be applied, especially in the transfer and registration of land rights. The implementation of good faith principles in the Agrarian field, through Land Deed Official (PPAT), is yet to be achieved. This study is an empirical study; the type of data in this study is primary and secondary data. Interviews and literature studies collected data. The technique of analysing data is interactive analysis (interactive models of analysis). The discussion of the research indicates that great faith was used as the principle of Agrarian Law. Still, in the registration of land rights applied throughout Indonesia, the monitoring is regulated by the government through the Minister of Agrarian and Spatial Planning, or National Land Agency. It means that the principle of Good Faith in the transfer and registration of land rights based on BAL is not implemented. Implementation of the good faith principle in the Agrarian Agreement (UUPA) will only be achieved through the Amendment of Land reform, PPAT Law, and issuing a law regarding the Land Rights Transfer of Land Ownership. © 2020 Primrose Hall Publishing Group.

Affiliations

Doctorate Candidate of Law Program, Indonesia; Faculty of Law, Universitas Brawijaya, Indonesia

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