Reconstruction of Agricultural Absentee Ownership Regulation based on Justice Value

Abstract

The purpose of this research is first to examine and find weaknesses in Absentee agricultural land ownership regulations in the Indonesian legal system. Second, to reconstruct Absentee agricultural land ownership regulations based on the value of justice. This study uses a constructivist paradigm with a sociological juridical approach to solving research problems by examining secondary data and primary data by discovering the legal reality experienced in the field. The results of the research show that the weak factors consist of legal structure factors, legal substance factors, and legal culture factors. (1): Owners of agricultural land who live outside the sub-district where the land is located, within 6 months must transfer their land rights to another person in the sub-district where the land is located, if the remaining period is 6 months then the land will be transferred into assets village in the district. While the reconstruction of Government Regulation Number 41 of 1964 concerning Amendments and Supplements to Government Regulation Number 224 of 1961 concerning Implementation of Land Distribution and Granting of Losses Article 3d: Land in the sub-district where the land is located cannot be owned by someone outside the sub-district, so it is prohibited to transfer it for any reason.