KEPASTIAN HUKUM BAGI PEMBELI BERITIKAD BAIK DALAM PERKARA SENGKETA TANAH

Abstract

This study examines the judges' considerations in Decision Number. 211/Pdt.G/2022/PN.Dpk and Decision Number. 329/PK.Pdt.2017, as well as the implementation of the principle of "Good Faith Buyer" in both decisions. This research employs normative legal research with a case approach, utilizing primary and secondary legal materials collected through literature studies. Data analysis is conducted using a descriptive method. The findings indicate that in the Judicial Review Decision, the judge granted the petition based on the doctrine of "Good Faith Buyer Must Be Granted Legal Protection," as established in the Supreme Court Jurisprudence, due to judicial oversight or a clear error in the application of the law. Meanwhile, in Decision Number. 211/Pdt.G/PN.Dpk, the judge granted the lawsuit based on documentary evidence and witness testimony submitted by the Plaintiff. The principle of good faith buyers is reflected in both decisions through the acceptance of the lawsuit and the lifting of the security seizure. However, regarding the security seizure that was not lifted in the Judicial Review Decision Number 329/PK/Pdt/2017, which led to a new lawsuit in Decision Number. 211/Pdt.G/PN.Dpk, this highlights the necessity for legal process supervision by various parties. The losing party must comply with the demands of the winning party, while the court is responsible for ensuring that all parties fulfill their obligations after the ruling is issued to provide legal certainty for the involved parties.