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VOL. 8, ISSUE 6 (2022)
Reconstruction of absentee value-based transfer of land ownership regulation
Authors
Gunarto, Suraji, Anis Mashdurohatun
Abstract
Land policies that are increasingly adaptive to market mechanisms can be understood in the context of neoliberalism ideology which encourages the Government to implement policies that provide opportunities for the market to make meaningful social and political decisions and give the widest possible opportunities for companies to develop. land ownership transfer regulation absentee, which is currently still not fair, has resulted in weaknesses in the absentee current this research consists of 2 (two) problems, namely the weaknesses of the absentee current absentee’s land based on the value of justice. approach method socio-legal research, research data sources: primary data sources and secondary data sources, qualitative descriptive analysis. The results of the research and discussion show the Weaknesses of Absentee Land Ownership Transfers, namely a). Weaknesses in the Legal Structure, are that the PPAT refuses to arrange/make deeds related to land rights because it violates the applicable laws and regulations. The Land Office refuses the application for transfer of title to land rights because the buyer is not domiciled in the same district as the location of the object land; b). Weaknesses in Legal Substance, that PP No. 224 of 1961 in Article 3 paragraph (1) and paragraph (5) is no longer relevant. Likewise with Candies. ATR/BPN No. 18 of 2016 Article 4 paragraph (1) injustice appears, and c). The weakness of the Legal Culture is that although it is prohibited, absentee land rights obtained from legal events are often found in society. Reconstruction of value: to provide a value of justice, that the right holder can transfer and register the transfer of his land rights within one province. Agricultural land can be transferred to other parties provided that the other party must be domiciled in 1 (one) province where the land is located. Regulatory reconstruction: revising PP No. 224 of 1961 Article 3 paragraph (1) also deletes Article 3 paragraph (5) and revises the ATR/BPN Regulation No. 18 of 2016 Article 4 paragraph (1). The new idea is the transfer of absentee land ownership based on the value of justice.
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Pages:253-258
How to cite this article:
Gunarto, Suraji, Anis Mashdurohatun "Reconstruction of absentee value-based transfer of land ownership regulation". International Journal of Law, Vol 8, Issue 6, 2022, Pages 253-258
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