Analysis of Court Decisions and Regulations Regarding Nominee Agreements as a Form of Land Ownership in Indonesia based on John Rawls's Theory of Justice

Abstract

This article aimed to analyze the nominee agreement as a form of land ownership along with the suitability of good and ideal regulation related to the nominee agreement based on the theory of justice. This research was normative research that was prescriptive and applied. The types of legal materials used were primary and secondary legal materials. The collection of legal materials was carried out by Library Studies technique, then the legal material analysis technique used was the deductive syllogism method. The results of the research are in line with John Rawls's theory of justice, in deciding cases the Panel of Judges had considered the events and processes that occurred before and when the name loan agreement was made against SEMA Number 10 of 2020, although not in line with Rawls' justice, these regulations had accommodated legal certainty in the event of name loan agreement, so that it can be said to be a good regulation even though it is not ideal. Furthermore, the hope of writing this journal is that the notary can be more responsible in making a deed and the government will increase supervision of the nominee agreement phenomenon through the provision of socialization which is carried out periodically.