Protection Of Property Rights In Cases Of Land Deed Forgery: A Comparative Study Of Good Faith And Legal Formalism In Indonesian And English Land Law

Abstract

Land deed forgery poses a serious threat to the integrity of property rights and legal certainty in both civil and common law systems. This article presents a comparative doctrinal analysis of how Indonesian and English legal systems address the conflict between good faith protection and legal formalism in cases involving forged land documents. In Indonesia, forged deeds are void ab initio, and courts may cancel derived land certificates unless the acquirer can prove good faith and physical possession, supported by the five-year limitation rule under Government Regulation No. 24 of 1997. Conversely, English law emphasizes title by registration under the Land Registration Act 2002, where registered ownership is presumed valid, with limited exceptions for rectification and statutory indemnity. This study finds that Indonesia favors substantive justice through judicial evaluation of good faith, whereas England prioritizes certainty and marketability through statutory formalism. Each system has its strengths and limitations: Indonesia enables moral responsiveness but lacks consistency and compensatory mechanisms; England ensures predictable outcomes but offers limited restoration in morally complex scenarios. The article concludes with reform proposals, including the adoption of an indemnity fund in Indonesia and refinement of rectification thresholds in England. Ultimately, effective protection against land deed forgery requires both structural reliability and equitable flexibility.