Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)

The Meaning of Good Faith Philosophy in Sale and Purchase Agreement of Land Rights Drawn up Before a Notary/Land Deed Conveyancer

Authors
I Gusti Ngurah Muliarta
University of Warmadewa
Corresponding author. Email: muliarta.gading@gmail.com
Corresponding Author
I Gusti Ngurah Muliarta
Available Online 3 December 2021.
DOI
10.2991/assehr.k.211203.033How to use a DOI?
Keywords
Contract Law; Good Faith; Sale and Purchase Agreement of Land Rights
Abstract

This study examined and analyzed the philosophical meaning of the good faith principle in legal provisions in Indonesia, like contract law. The principle regarding good faith is often debated, and this is because the parties to the agreement are often dragged into legal problems. The parties having good faith are no exception. Good faith should exist from the pre-contract phase, where the parties start negotiating until reaching an agreement, and the contract implementation phase. Every person should have good faith. This study raised the following problem: What is the philosophical meaning of the good faith principle in legal provisions in Indonesia, especially in Contract Law in the land sector? This research applied normative legal research, namely by using primary and secondary legal materials. The approaches used are the statutory approach, concepts and philosophy, comparative law approach, and legal history. The findings of this study are that the good faith principle is honesty and propriety, which shows trust, transparency, autonomy, obedience, coercion, and also deceit. The core of the good faith principle is about permanent and unchangeable. While, the meaning of good faith is dynamic and constantly changing according to society’s complex and dynamic legal awareness.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
3 December 2021
ISBN
10.2991/assehr.k.211203.033
ISSN
2352-5398
DOI
10.2991/assehr.k.211203.033How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - I Gusti Ngurah Muliarta
PY  - 2021
DA  - 2021/12/03
TI  - The Meaning of Good Faith Philosophy in Sale and Purchase Agreement of Land Rights Drawn up Before a Notary/Land Deed Conveyancer
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 153
EP  - 155
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.033
DO  - 10.2991/assehr.k.211203.033
ID  - Muliarta2021
ER  -