Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-6 | Issue-02 | 134-140
Original Research Article
Legal Reconstruction of Land Dispute Regulation in Indonesia Based on Pancasila Justice
Reza Fahmi, Sri Endah Wahyuningsih, Sri Kusriyah
Published : Feb. 28, 2023
Abstract
The purpose of this study is to find out and analyze the Weaknesses of Indonesia's Current Land Dispute Regulations and how to Reconstruct Indonesian Land Dispute Regulations Based on Pancasila Justice. This study uses a constructivist paradigm with a sociological juridical approach to solving research problems by examining secondary data and primary data by finding legal realities experienced in the field as well as qualitative descriptive methods. Based on the results of the research, it was found that the Weaknesses of Indonesia's Current Land Dispute Regulations Fundamentally, the land is an asset with high economic value and is very vital for human life, so in this case many parties seek to profit from various transactions related to land. Despite the fact that landowners are legally required to register their rights to their property, it is not uncommon to find a phenomenon nowadays of landowners who do not want to properly register their ownership rights to land. This usually happens due to various factors such as the process which is considered too long and will take up a lot of time and money they have. Reconstruction of Indonesian Land Dispute Regulations Based on Pancasila Justice because in general, justice is a universal value that includes recognition and respect for everyone's legal rights and safeguarding freedom, honor, and property through upholding truth and justice. Then, the balance of rights and obligations is one of the most important characteristics of justice. Furthermore, Justice is also seen as the ability to stand in the middle of two things and give everyone what he deserves. In this case, every living thing in the process is very closely related to the concept of justice in the use and use of land.