Title:
RECONSTRUCTION OF HOUSING DEVELOPMENT BUSINESS REGULATIONS BASED ON JUSTICE VALUE

Authors:
Anis Mashdurohatun, H. Farisal Adib, Sri Endah Wahyuningsih and Adi Sulistiyono

Abstract:
The research background is that the deficit in the availability of houses or the backlog is still high. The backlog, which is still around 11.4 million units for residential needs, must be consistently realized by housing developers in the hope of consistent government subsidy assistance. Many obstacles faced by housing developers. Banking and local government regulations are also considered to be still hampering housing developers who carry out their work to support the fulfillment of housing / housing needs for the community and contribute to creating economic growth but are not given appreciation from the government. From the researchers' observations, there are gaps that can be focused on discussing the regulation of legal processes and the realization of the housing developer's business. The aim of the research is to analyze and find housing developer business regulations that are not based on justice values, to analyze and find weaknesses in the current housing developer business regulations, and to find the reconstruction of housing developer business regulations that are based on justice values. The research method used in this study uses a constructivism paradigm (legal constructivism) which sees the truth of a legal reality as relative, applies according to a specific context that is considered relevant by social actors, with the Socio Legal Research approach method, because the research to be carried out is aimed at scientific research using systematic steps and controlled, careful and logical, objective and empirical and directed to the target to be solved. The research findings obtained are housing developer business regulations that are not based on values of justice, that the prevailing housing developer regulations show that the state is trying to build a framework for a fair system of relations at the system level, but in developing structures it has not fully provided equal opportunity. The service facilitation process and the resources needed have not been obtained by all parties. Reconstruction of housing developer business regulations based on the value of justice, namely the government does not ignore and pay attention to the aspirations of housing developers, especially in formulating government policies in various aspects of housing developer business regulation and taking into account the rights and compensation that housing developers must receive so that there is justice for housing developers. Norm reconstruction. Law of the Republic of Indonesia Number 1 of 2011 concerning Housing and Residential Areas, Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 55 of 2017 concerning the Implementation of Permits and Non-Permits for Housing Development for Low-Income Communities in the Regions.

Keywords:
regulatory reconstruction, housing developer, the value of justice