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does not have any uniication of legal opinion and uniied legal framework in examining similar cases.
The basis principle in civil law said that in an agreement that is null and void, the position of
contracting parties must be restored, as the agreement does not ever exist. This doctrine teaches us if an
agreement is null and void, the consequence is there is no parties suffered damages.
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In this event, judge has an important role in making decision. Judge
must be careful in making decision of null and void without restoring the condition of parties. The
judges is not allowed to fully pay attention to the allegation of claim, in which generally ask the judge
to declare a null and void of an agreement with a compensation. A decision may affect to the losses
of a party, the judge decision is not clear and careful since the considerations are not based on theory or
doctrines in literature.
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Besides, the judge should examine which agreement can be nulliied and which cannot. The
consideration shall be reviewed from its advantages, with taking into account the rights of buyer to be
protected by law. Judges become determinants on whether the rights of a good faith buyer are restored
with a compensation or to be protected with the control of object in natuura in which our Act does
not regulate on how the protection is given to the buyer. The provision said that a good faith buyer is
protected by law in Article 548 of Indonesian Civil Code and Article 582 of Indonesian Civil Code.
Thus, the implementation of realism legal theory in examining cases regarding good faith can be a
guidance in decision making process contained justice, legal certainty and advantage.
C. Conclusion
The aim of this paper is not for teaching to everyone but this paper aims to open other point
of view for the readers regarding good faith in a court decision. A good faith buyer is a buyer who is
protected by law, as stipulated under the Indonesian Civil Code. The problem of a good faith buyer
occurs with the claim from another party who sue the position of a good faith person, thus, the
protection for a good faith buyer is closely related to the court whether such buyer having a good faith
or not. A person has a good faith if the good faith
is obtained from the procedure of ownership right as regulated in Indonesian Civil Code and there is
no legal defects detected in the right of ownership. The question would be how the activity of sale
and purchase that is bad faith, for instance, with a fraud, the buyer does not know it. The problem of
a good faith coming from the lack of knowledge of buyer towards the status of an object. Such lack of
knowledge of a buyer, does not necessarily mean that the seller has a bad faith as long as there is an
element of lack of knowledge over the objects and the sale purchase activity is valid under the law.
Theoretically, the buyer having a good faith as long as he does not know the defect of an object,
however, to prove that lack of knowledge is not easy. The role of judge is important to decide it.
The judge should take a look at the reality, not just in contextual Act. Before determining a good faith
person or not, the judge has to see the reality and the relationship between the seller and the buyer.
Besides, the judge should examine which agreement can be nulliied and which cannot. Judge
must be careful in making decision of null and void without restoring the condition of parties. The
consideration shall be reviewed from its advantages, with taking into account the rights of buyer to be
protected by law. Judges become determinants on whether the rights of a good faith buyer are
restored with a compensation or to be protected with the control of object in natuura in which our
Act does not regulate on how the protection is given to the buyer, thus, it needs a better understanding
regarding a good faith in practice or in principles in the civil law.
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Nindyo Pramono, Loc.cit.
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Ibid.
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Faisal, The Legal Protection for a Good Faith Buyer Under a Court Decision
A. Books
