Erwin Radon Ardiyanto: Point of Intersection in The Application of The Provision A ALFUAD JOURNAL, 9 .
, 2025, .
(E-ISSN 2714-7606 P-ISSN 2614-4786 ) Available online at https://ejournal.
id/ojs/index.
php/alfuad/index Point of Intersection in The Application of The Provision of A Buyer in Good Faith Towards Minangkabau Traditional High Heritage Land Erwin Radon Ardiyanto* Praktisi Hukum.
Indonesia E-mail: erwinradon12@gmail.
Roni Efendi Universitas Islam Negeri Mahmud Yunus Batusangkar.
Indonesia E-mail: roniefendi@uinmybatusangkar.
*) Corresponding Author Abstract: Normatively.
Indonesian civil law emphasizes the principle of good faith as stipulated in Article 1338 paragraph .
of the Civil Code and is reinforced by Article 32 paragraph .
of Government Regulation Number 24 of 1997 and SEMA Number 7 of 2012 and SEMA Number 4 of 2016.
These regulations provide legal protection for buyers in good faith, including in the sale and purchase of customary land.
However, in reality .
as sei.
, especially in the case of high heritage land in Minangkabau, tensions arise.
Traditionally, high heritage land cannot be bought and sold because it is the property of the clan and is passed down from generation to generation.
However, the practice of buying and selling still occurs based on the agreement of some clan members, causing conflict when other clan members refuse and take the case to court.
The problem of this research is how to apply legal protection for buyers in good faith of high heritage land when faced with the norm of prohibition of buying and selling according to Minangkabau customary law.
The research uses a normative juridical method with an approach of statutory regulations, doctrine, and analysis of judicial practices in West Sumatra.
The research findings indicate a point of intersection between the principles of protecting buyers in good faith and protecting high-priority ancestral land.
Some judges argued that protecting buyers in good faith should be prioritized for legal certainty, while others emphasized that high-priority ancestral land cannot be transferred absolutely because customary law protection must be upheld.
Therefore, resolving disputes over the sale and purchase of high-priority ancestral land requires a balance between positive legal certainty and respect for customary law to achieve substantive justice.
Keywords: Good Faith.
Inheritance Land.
High Inheritance Custom
INTRODUCTION
specifically regulate legal protection for Good faith in an agreement is the owner of goods .
who acts in contained in the provisions of Article 1338 good faith (R.
Rachmadhani Arya W.
Dwi Code Agung Prasetyo.
Salman Naufal Haq.
(KUHPerdat.
which states, "Agreement Moch Ilyas Akbar R, 2.
in purchasing a must be carried out in good faith", fixed asset in the form of land.
The Civil HoweverThe Code only regulates the protection of good Civil Code Civil 215 | A l f u a d V o l u m e 9 N u m b e r 2 .
D e c e m b e r 2 0 2 5 .
P a g e 2 1 5 - 2 2 2 Erwin Radon Ardiyanto: Point of Intersection in The Application of The Provision A faith for movable goods as stipulated in control of land whose acquisition was Articles 530 to 532 which essentially carried out in good faith.
provide norms regarding the owner of In addition to being found in the goods in good faith if he obtains the goods by obtaining ownership rights without Number 24 of 1997, the normative knowing that there are defects, including acquisition of land through purchases in not knowing that the goods he holds are good faith has also been confirmed by the not his property (Ibnu AAothillah Farhan.
Supreme Court through the Circular of the Moh.
Safil Kafi, 2.
Supreme The Republic Indonesia (SEMA) Number 7 of 2012 acquisition of land in good faith can be concerning the Legal Formulation of the seen in the formulation of Article 32 Results of the Plenary Meeting of the Government Supreme Court Chamber as a Guideline for Regulation of the Republic of Indonesia the Implementation of Duties for the Number 24 of 1997 concerning Land Court, part of the results of the civil Registration which states, "In the event chamber plenary, which contains the legal that a certificate has been legally issued for principle, "Protection must be given to a plot of land in the name of a person or buyers in good faith even if it is later legal entity who acquired the land in good discovered that the seller is a person who is faith and actually controls it, then other not entitled .
he object of the land sale and parties who feel they have rights to the purchas.
and the original owner can only file a lawsuit for compensation against the implementation of these rights if within 5 seller who is not entitled".
Although the .
years from the issuance of the protection of buyers in good faith has been certificate they do not submit a written regulated and confirmed, the limits for objection to the certificate holder and the land buyers to be called parties in good Head of the Land Office concerned or do faith have not been regulated in detail in not file a lawsuit with the Court regarding various legal regulations, which has an control of the land or the issuance of the impact on the lack of guidelines for legal " The provisions of Article 32 practitioners, especially judges, to assess paragraph .
of Government Regulation under what circumstances someone can be Number 24 of 1997 are basically aimed at said to be a buyer in good faith.
Court of Government Regulation providing legal certainty and at the same time confirming legal protection for In response to this legal vacuum, the Supreme Court has issued Circular Letter 216 | A l f u a d V o l u m e 9 N u m b e r 2 .
D e c e m b e r 2 0 2 5 .
P a g e 2 1 5 - 2 2 2 Erwin Radon Ardiyanto: Point of Intersection in The Application of The Provision A of the Supreme Court of the Republic of agreed upon, including: The seller is the Indonesia (SEMA) Number 4 of 2016 person who has the right/has the rights to concerning the Implementation of the the land that is the object of the sale and Legal Formulation of the Results of the purchase, in accordance with the proof of 2016 Supreme Court Chamber Plenary ownership, or.
The land/object being Meeting bought and sold is not in confiscated Implementation of Duties for the Court, status, or.
The land object being bought part of the results of the civil chamber and sold is not in collateral/mortgage plenary, there are legal rules related to the status, or: For certified land, information criteriaGood faith buyers who need to be has been obtained from the BPN and the protected based on Article 1338 paragraph history of the legal relationship between .
the land and the certificate holder.
Guideline Civil Code follows:Carrying out the sale and purchase Judging from the formulation of of the land object with the legal procedures legal principles in SEMA Number 4 of and documents as determined by the laws 2016, there are provisions regarding the and regulations, namely: Purchase of land purchase of customary land in good faith, through a public auction or Purchase of so it can be concluded that there is implicit land before the Land Deed Making Officer recognition of the legal act of buying and .
n accordance with the provisions of selling customary land by SEMA.
The Government Regulation Number 24 of provisions regarding the purchase of customary land in good faith in SEMA are Purchase customary/unregistered land carried out according to customary law provisions, customary law communities that are still namely carried out in cash and openly alive and whose existence is recognized in .
efore/with the knowledge of the local the territory of Indonesia.
Village Head/Lura.
, preceded by research regarding the status of the land object of sale and purchase and based on the research it shows that the land object of sale and purchase belongs to the seller, and the purchase is carried out at a reasonable Exercise matters relating to the land object being METHOD This normative legal research (Roni Efendi.
Saadatul Maghfira.
Hebby Rahmatul Utamy.
Erwin Radon Ardiyanto, 2.
, also known as library research, meaning examining library materials and secondary 217 | A l f u a d V o l u m e 9 N u m b e r 2 .
D e c e m b e r 2 0 2 5 .
P a g e 2 1 5 - 2 2 2 Erwin Radon Ardiyanto: Point of Intersection in The Application of The Provision A data (Soejono Soekanto dan Sri Mamudji, ownership cannot be transferred to another Secondary data is obtained from Low patrimony is personal property written materials originating from legal whose ownership can be transferred to materials, legal regulations and previous heirs or other parties.
research reports (Ismansyah, 2.
In this Minangkabau Customary Law has study, the secondary data sources are to stipulated, that high-ranking heirlooms confirm regulations in the Civil Code and cannot be traded, as implied in the vertical regulations such as Government Minangkabau proverb AuJua indak makan Regulations.
Supreme Court Circulars and bali, gadai indak makan sandoAy, which other regulations relevant to legal aspects means that high-ranking heirlooms cannot in the realm of local wisdom or customary be sold because they belong to the community, but they can be pawned temporarily but must be redeemed so that RESULT AND DISCUSSION Normation of Minangkabau Customary Law Regarding Customary Land In Minangkabau tradition, there are two terms used to refer to customary land:
inheritance property.
High inheritance property is any inheritance passed down from one's ancestors to another, with no known originator (Edison Piliang, 2.
While low inheritance is all the wealth earned from our father or mother .
during the marriage, plus gifts from our uncle to our nephew from the results of the uncle's own earnings.
The fundamental patrimony lies in ownership and the transfer of rights.
High patrimony belongs to the clan .
amily group based on female lineag.
and is managed by the patriarch to ownership does not change.
Traditionally, the transfer of rights to high-ranking heirlooms is strictly regulated and can only be transferred through pawning, which does not change the ownership status.
Moreover, efforts to pawn high-ranking heirlooms are limited to meeting certain Gadih gadang indak balaki.
When a girl is getting older but doesn't have the money to get .
Mayik tabujua di ateh rumah.
When a member of the clan dies, costs are needed for the management and burial of his body.
Rumah gadang katirisan.
When the traditional house is in a state of disrepair and requires renovation costs.
Mambangkik batang tarandam.
When you need funds for the ceremony to inaugurate a headman .
the heir or eldest male in the clan, and 218 | A l f u a d V o l u m e 9 N u m b e r 2 .
D e c e m b e r 2 0 2 5 .
P a g e 2 1 5 - 2 2 2 Erwin Radon Ardiyanto: Point of Intersection in The Application of The Provision A Apart from the four conditions, high belongs to the seller, and the purchase is inheritance property cannot be transferred made at a reasonable price.
Thus, as long to another party, this aims to maintain and as these criteria have been met, someone preserve the survival of the clan members who buys land with the status of customary in utilizing high inheritance property in the land can be said to be a buyer in good future from generation to generation.
Normatively.
Minangkabau Custom has The problem that arises in practice is regulated the prohibition of buying and when the provisions of the SEMA are selling high inheritance customary land, confronted with disputes over high-ranking although it cannot be denied that in the ancestral property arising from the legal practice that takes place in the midst of act of buying and selling high-ranking society, there is a transfer of ownership of ancestral land.
There is a point of contact high inheritance property belonging to the between the principle of legal protection clan to another party on the basis of the for buyers in good faith and the protection agreement of all clan members who wish of customary land.
Traditionally, high- to sell their high inheritance property for ranking ancestral land may not be bought various reasons and considerations.
and sold, but in practice, high-ranking Point of Contact for The mplementation of Good Faith Buyers of High Heritage Land SEMA Number 4 of 2016 has regulated the criteria for buyers of customary land in good faith, which is intended to provide guidelines for judges to assess the good or bad faith of a buyer of customary land by looking at the criteria as determined in the SEMA, including being carried out in cash and openly .
n the presence/knowledge of the local Village Head/Lura.
, preceded by research on the status of the land object of sale and purchase and based on the research shows that the land object of sale and purchase ancestral land is often sold by both the head of the heirs as the party authorized to regulate the management and allocation of high-ranking ancestral property within their clan, and by clan members to other parties without the knowledge of all clan Buyers who have conducted research that shows the land being sold belongs to the seller and bought it for a fair price in a clear and cash manner are later sued by other clan members who were initially unaware and did not want their clan's high-ranking ancestral land sold.
This ignorance of the clan members is often due, among other things, to the clan members seeking a livelihood away from home, thus being unaware that the high- 219 | A l f u a d V o l u m e 9 N u m b e r 2 .
D e c e m b e r 2 0 2 5 .
P a g e 2 1 5 - 2 2 2 Erwin Radon Ardiyanto: Point of Intersection in The Application of The Provision A ranking ancestral land in their hometown has been sold.
Over time, upon learning interpretation, the high heritage land, that the communally owned high ancestral known in the Minangkabau customary law land had been sold to another party, system as communal land, cannot be members of the clan then filed a lawsuit in transferred absolutely from its origin.
The discussion is when such a Another opinion holds that customary land dispute rolls into the court realm, which is regulations essentially include communal more prioritized, whether legal protection land, based on the premise that customary for buyers of customary land in good faith land or communal land is land within a by adhering to the provisions of SEMA customary law community, so that in this Number 4 of 2016 and other legal context there is no distinction between the regulations regarding buyers in good faith On the other hand, the terminology of who must be protected, or protection of the customary land is not found in the validity of the norms of Minangkabau formulation of legal principles regarding Customary Law which prohibits the sale the good faith purchase of customary land and purchase of high ancestral property in SEMA Number 4 of 2016.
These things and ultimately the ownership of customary are the background to the differences in land is declared back as belonging to the views regarding the application of SEMA clan as before? Number 4 of 2016 regarding buyers with Practice of Implementing Good Faith Buyers of High Heritage Land There among legal practitioners regarding the interpretation of customary land and Some customary land differs from communal One such distinction lies in the limitations placed on the treatment of both types of land.
While customary land can be transferred absolutely, communal land cannot be transferred absolutely.
In other words, all communal land is customary land, but not all customary land is Based good faith towards customary land.
The view that states that customary land is different from communal land, has consequences on the idea that when there is a dispute regarding the sale of high ancestral land, even though the buyer has purchased it in good faith, the sale and purchase is invalid because the sale and purchase of high ancestral land is contrary Minangkabau Customs.
While the view that states that customary land includes ancestral land.
Minangkabau, when the sale and purchase of high ancestral land 220 | A l f u a d V o l u m e 9 N u m b e r 2 .
D e c e m b e r 2 0 2 5 .
P a g e 2 1 5 - 2 2 2 Erwin Radon Ardiyanto: Point of Intersection in The Application of The Provision A occurs where the buyer has acted in good the purpose of law is to protect interests, faith in carrying out a series of sale and based on this postulate, when a dispute purchase processes, then by referring to the arises over the sale and purchase of high provisions of SEMA Number 4 of 2016, ancestral land in good faith by the buyer, the interests of the buyer with good faith two inversely proportional paradigms will must be protected for the acquisition of high ancestral land from the sale and individual interests as a legal certainty, or purchase which is considered valid on condition that it meets the provisions Minangkabau customary norms.
related to the sale and purchase.
In practice in the legal area of West Sumatra, the implementation of SEMA Number 4 of 2016 regarding the provisions of good faith buyers of customary land, there is a judge's opinion in the decision considerations that implicitly states that high heritage land is included in customary land as regulated in SEMA, so that when a dispute arises from the sale and purchase of high heritage land, as long as the buyer meets the criteria as determined in SEMA, the buyer must be protected as a good faith The determining a good faith buyer is the absolute transfer of ownership of high heritage land to another party, namely the buyer, which means that the principle of legal certainty over guaranteed protection for good faith buyers of customary land is However, there are also other opinions that state that Minangkabau high Minangkabau Customary Law.
Basically.
CONCLUSION SEMA Number 4 of 2016 has regulated the criteria for buyers of customary land in good faith, but in its implementation, there is a point of contact between the principle of legal protection for buyers of customary land in good faith Minangkabau customary land, especially high heritage land which is traditionally prohibited from being sold.
There are different points of view in interpreting the terms of customary land and customary land, namely the point of view that interprets customary land differently from customary land with the consequence that high heritage land is included in customary land which cannot be transferred absolutely to another party through sale and purchase, and the point of view that interprets the regulation of customary land so that when a sale and purchase of high heritage land occurs on the basis of good faith from the buyer, the 221 | A l f u a d V o l u m e 9 N u m b e r 2 .
D e c e m b e r 2 0 2 5 .
P a g e 2 1 5 - 2 2 2 Erwin Radon Ardiyanto: Point of Intersection in The Application of The Provision A high heritage land can be transferred to the buyer as a form of legal protection as long as the criteria as regulated in SEMA Number 4 of 2016 have been met.
In the practice that occurs in the legal area of West Sumatra, the implementation of SEMA Number 4 of 2016 regarding the provisions for buyers of customary land in good faith, there is a judge's opinion in the decision considerations that implicitly states that high heritage land is included in customary land as regulated in SEMA.
Analisa Yuridis Sengketa Tanah Hak Ulayat Masyarakat Matrilineal Adat Minangkabau (Studi Putusan Nomor: 72/Pdt/G/2011/Pn Pd.
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therefore buyers of high heritage land in good faith must be protected so that it has implications for the transfer of ownership of high heritage land to the buyer, however there is another opinion that states that Minangkabau high heritage land must be protected so that its ownership cannot be transferred absolutely to another party as stipulated in Minangkabau Customary Law.
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