Implementation of Good Faith Principle on Article 33 (3) of The UUD 1945 Constitution as The General Legal Principle in Indonesian Land Reform

  • Fathul Laila, Abdul Rachmad Budiono, Iwan Permadi, Istislam

Abstract

Article 33 (3) of the UUD 1945 Constitution states that land, water, air, and all of their natural resources are owned by the state and used to the largest for the Indonesian people's welfare. The good faith principle within the transfer of the land rights and registration of the land rights using the PPAT certificate as stipulated within the Article 33 (3) of UUD 1945 is yet to be achieved. This study used the normative judicial method with a regulatory and conceptual approach. This study reveals the contractual relationship of Article 1338 (3) of the KUH, which later turns into a universal social force. However, in the registration of the land rights applied throughout Indonesia, the monitoring is regulated by the government. The implementation of good faith principle, as mentioned within Article 33 (3) of the UUD 1945, is yet to be applied, either as a manifestation of universal social force or good governance. Implementation of good faith principle in the form of Agrarian Agreement (UUPA) will only be achieved through the amendment of the agrarian law (land reform), and issuing a law regarding the Land Rights Transfer or Land Ownership and PPAT Law.

Published
2020-06-04