Our Managing Partner of Leks&Co wrote an article titled “Supreme Court inconsistency on good faith buyer perspective” as published in Lexology.com
This article examines a case involving the Indonesian Supreme Court’s inconsistent application of the good faith buyer perspective in land ownership disputes. The case revolves around old evidence from 1960 without a land certificate, and parties who had not applied for land certification since 1980. Despite not possessing the land for an extended period, they still sought land certificates. The article discusses the background of good faith principles in land transactions and highlights various legal decisions that support the protection of good faith buyers. However, the Supreme Court’s decision in this specific case focused on the underlying right to apply for land certification rather than the good faith concept. The article questions the wisdom of purchasing land with uncertain ownership and suggests that buyer diligence is essential. It also raises concerns about inconsistencies in the application of the good faith concept, emphasizing the need for legal clarity in complex land-related matters.
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