ITIKAD BAIK DALAM KUH. PERDATA KETIKA MELAKUKAN PERJANJIAN JUAL BELI TANAH

Abstract

The Civil Code's Article 1338, paragraph 3, mandates that a contract should be conducted in good faith. Sincerity is a prerequisite for good faith when entering into an agreement. Similarly, appropriateness during the implementation phase of the agreement refers to an evaluation of each party's conduct in carrying out the terms of the agreement. In the sale and purchase of land, in particular, where good faith is expected to promote an atmosphere that is advantageous to both parties' interests, it is intended that a balance can be struck between parties involved. There is a distinction between the person receiving the payment and their lack of good faith, as stated in Articles 1362 and 1383 of the Civil Code. In good faith, anyone who receives something that does not need to be paid for is required by Article 1360 of the Civil Code to return it along with interest. Proceeds from the payment are also included in the obligation to return the item, so even if the price has already dropped, the amount of compensation for costs, losses, and interest is not reduced. If he is the person to whom the products should have been supplied and his goods are destroyed, he must pay the price plus interest and loss compensation if the destruction was not his fault. Alternatively, he may be able to demonstrate that the items were destroyed along with the destruction