Faizal Kurniawan, - and Xavier Nugraha, - and Ardhana Christian Noventri, - and Qona’aha Noor Maajid, - (2021) Auction Winner as a New Criteria in The Concept of Good Faith Buyen in Indonesia. Jambe Law Journal, 4 (2). pp. 171-190. ISSN 2598-7925

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Abstract

Good faith is a principle embodied under Article 1338 Paragraph (3) of the Indonesian Civil Code, which is required in every stage of a contract, in�cluding in a land sale and purchase contract. Under several decisions of the Supreme Court, good faith is considered to exist, for instance, when a buyer purchased a land through the auction of the State Receivables Affairs Com�mittee (PUPN). Nevertheless, based on a conviction in the judicial prac�tices, this article believes that purchases through official auctions are not necessarily the indicators for the existence of good faith principle in a land sale and purchase contract. Therefore, this study is focused on the concept of good faith buyer with a land object as well as the characteristic of auc�tion winner as a good faith buyer protected by law. In conclusion, parties of a land sale and purchase contract through auction can be considered to have performed in good faith when they have fulfilled the criteria under Su�preme Court Circular Letter and other criteria such as purchasing through state auction office in accordance with the applicable laws and regulations, purchasing in a reasonable price, and the auction winner is not the creditor himself who purchases at a price far below the collateral limit price.

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