POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Vol. 5 No. 4 (2026): OCTOBER

Legal Certainty Assurance for Third Parties in Disputed Land Transactions

Nico Nico (Universitas Trisakti, Indonesia)
Aloysius Uwiyono (Universitas Trisakti, Indonesia)
Siti Nurbaiti (Universitas Trisakti, Indonesia)



Article Info

Publish Date
26 Oct 2026

Abstract

Legal certainty for third parties in disputed land transactions remains a significant issue in Indonesia’s land law system, particularly where registered ownership is challenged by competing claims. Although previous studies have examined land registration and legal protection for landowners, further analysis is needed of how the evidentiary status of land certificates and the principle of good faith affect third-party protection in disputed transactions. This study aims to analyze the legal framework governing the protection of third parties in disputed land transactions and identify the limitations of existing legal mechanisms. It employs normative juridical research using a statutory approach, with relevant legislation and legal literature as the primary materials of analysis. The findings indicate that land certificates constitute strong evidence of ownership but do not eliminate the possibility of competing claims, leaving third parties exposed to legal uncertainty. The effectiveness of protection consequently depends on the validity of the underlying title, the assessment of good faith, and the consistency of land registration and dispute resolution mechanisms. This study highlights the need to strengthen the accuracy of land registration records and the application of legal standards for protecting good-faith third parties. These findings contribute to the evaluation of Indonesia’s land law framework and provide a basis for further research into administrative practices and judicial decisions concerning disputed land ownership.

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Journal Info

Abbrev

POLRI

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) is an international journal established by Transpublika Research Center. POLRI is an open access, double peer-reviewed e-journal which aims to offer an international scientific platform for national as well as cross-border legal research. The ...