The Manifestation of Good Faith Principles in Transfer and Registration of Land Rights Based on Pancasila Perspective

Abstract

Pancasila is the Philosophy of the Indonesian nation as an ideology, that set the order of the life in Indonesia, included in the field of Agrarian as contained in the Article 33 paragraph (3) of  Constitution of the Republic of Indonesia (UUD 1945), but the manifestation of the principles of good faith in  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. Data were collected by interviews and literature studies. The technique of analyzing data is interactive analysis (interactive models of analysis).  The discussion of the study indicate that the good faith was used as the principle of general law, but the registration of the 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 with PPAT certificate does not manifest. This can be realized in the Agrarian Agreement (UUPA) if the government is issuing a law regarding the Land Rights Transfer or Land Ownership and PPAT Law.

Keywords: good faith principle, transfer and registration of land rights, pancasila

DOI: 10.7176/JLPG/93-13

Publication date: January 31^st 2020