The Concept of Good Faith in Complete Systemic Land Registration in Realizing Legal Guarantee

Abstract

Complete systematic land registration is governed by Ministerial Regulation Number 6 of 2018. This regulation underscores the government’s responsibility to ensure certainty and protection of land ownership, which is a fundamental component of the government's obligations under Article 19 of Law Number 5 of 1960 concerning Agrarian Principles. The regulation enforces the Basic Agrarian Law by stipulating in Article 22 that in the absence of evidence, a declaration must be made in good faith. This provision reflects the commitment to operationalize the theory of good faith in the realm of complete systematic land registration, aiming to solidify legal certainty. In this system, the state acts as a guarantor, assuring the accuracy and truthfulness of registrations made in good faith. This paper explores how good faith provides legal certainty and describes the impact and effectiveness of this approach in the context of land ownership rights.