The Essence of Legal Protection for Good-Faith Land Buyers in South Sulawesi

Abstract

Land sale and purchase transactions frequently give rise to legal disputes in Indonesia, particularly when buyers acting in good faith later face claims arising from defects in land ownership or prior legal irregularities. This study examines the essence and effectiveness of legal protection for good-faith land buyers within the Indonesian legal system, with a specific focus on practices in South Sulawesi. Employing a normative-empirical legal research method, the study analyzes statutory regulations, court decisions, and empirical data obtained through questionnaires distributed to legal practitioners and stakeholders involved in land transactions. The findings indicate that, normatively, Indonesian law provides a strong foundation for protecting good-faith buyers through the Civil Code, the Basic Agrarian Law, and Supreme Court Circular Letters (SEMA No. 7 of 2012 and SEMA No. 4 of 2016). These instruments emphasize the principle of good faith, legal certainty, and the preference for registered rights. However, empirically, the implementation of such protection remains less effective. Inconsistent judicial decisions, inadequate due diligence practices, limited public legal awareness, and the absence of detailed implementing regulations for Article 1338 of the Civil Code significantly weaken legal certainty for buyers. The study further reveals that the emergence of digital and virtual land transactions presents new legal risks that are not yet comprehensively regulated. Therefore, this research recommends the formulation of more specific implementing regulations, strengthening the proactive role of Land Deed Officials (PPAT/Notaries), and continuous legal education programs conducted by land authorities. Such measures are essential to ensure that good-faith buyers are not unjustly disadvantaged and that land law functions to deliver justice, certainty, and legal protection in an increasingly complex transactional environment.