Legal Reconstruction of Absentee Land Registration Arrangements through Complete Systematic Land Registration Based on Justice Value

Abstract

The objectives of this study are to analyze the weaknesses of the absentee land registration arrangements through Complete Systematic Land Registration (PTSL) that are not yet fair, and how to reconstruct the law based on justice value. The research method used is socio-legal research, using the constructivism paradigm. The approach method used in this research is social legal research, concept approach, and comparative approach. This research uses primary data and secondary data. Data collection techniques through interviews, observation, and literature studies. The data collected was analyzed qualitatively. The legal theory used as an analysis tool is the grand theory of Pancasila justice and the rule of law theory, the middle theory of legal system theory, and the applied theory of development law theory and progressive law theory. The results of the study found that the Weaknesses in legal substance namely Article 5, Article 7, Article 25 paragraph 1, Article 30 paragraph 2, and Article 32 of Minister of Agrarian Regulation Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL), Weaknesses in the legal substance of absentee land registration arrangements in the Minister of Agrarian Regulation Number 6 of 2018 concerning Registration Complete Systematic Land (PTSL), while the legal structural weaknesses in absentee land registration are limited land management, limited number and capacity of human resources, limited quantity and quality of measurement facilities and infrastructure, and weaknesses in the legal culture of society, namely economic and social factors. Therefore the Reconstruction of absentee land registration arrangements through the Complete Systematic Land Registration based on Pancasila values of justice in the arrangement of absentee land registration must not contradict religious values and beliefs, protect the rights of citizens, and uphold the values of unity and equality, and able to protect the wider community, and the rules are clear and do not cause conflicts with higher rules as contained in the Minister of Agrarian Regulation Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL).