Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Vol. 20 No. 2 (2025): December, 2025

Reform of the Land Registration System in Indonesia: A Max Weberian Rational-Legal Bureaucracy Approach

Abdul Wahid (Unknown)
I Gusti Ayu Ketut Rachmi Handayani (Unknown)
Lego Karjoko (Unknown)



Article Info

Publish Date
25 Dec 2025

Abstract

Social transformation and the increasing economic value of land in Indonesia have intensified the demand for legal certainty in land rights. Although Law Number 5 of 1960 introduced land registration to provide legal protection through certification, the prevailing negative publication system with positive elements remains problematic. It fails to ensure state responsibility for certificate accuracy, even when acquired in good faith, thus posing risks of legal uncertainty and agrarian conflict. This study analyzes the rationale for transitioning to a pure positive publication system using Max Weber’s rational-legal bureaucracy theory, emphasizing formal procedures, predictability, and administrative accountability. Employing normative legal research with conceptual, statutory, comparative, and historical approaches, this study draws from secondary legal materials analyzed through legal interpretation and the Weberian framework. The findings reveal that a positive publication system better aligns with Weberian principles and supports legal certainty. This reform is essential for enhancing land administration legitimacy and promoting inclusive, accountable agrarian governance in Indonesia.

Copyrights © 2025






Journal Info

Abbrev

pandecta

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pandecta Research Law Journal is a scientific legal publication dedicated to exploring contemporary legal issues in Indonesia. Specializing in Indonesian law, this journal consistently publishes a diverse array of articles across various legal domains. With a firm commitment to fostering ...