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Journal articles on the topic 'Usufructuary rights'
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1
Aziz, Abdul, Wira Franciska, and Felicitas Sri Marniati. "KEPASTIAN HUKUM JAMINAN HAK TANGGUNGAN ATAS SERTIFIKAT HAK PAKAI DI ATAS HAK MILIK PERORANGAN TERKAIT PENOLAKAN PEMBIAYAAN OLEH PERBANKAN." SENTRI: Jurnal Riset Ilmiah 2, no. 12 (December 8, 2023): 5062–71. http://dx.doi.org/10.55681/sentri.v2i12.1891.
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Seeing the increasing focus on the economic sector, it requires a guarantee rights institution that is able to provide legal certainty. In the UUHT, land rights can be made into mortgages, property rights, business use rights, building use rights and use rights over state land, while PP 18 of 2021 explains usufructuary rights can be used as collateral for mortgage rights. In the phenomenon that occurs, usufructuary rights over individual rights experience rejection by the banking system when they are used as collateral for mortgage rights. Based on these problems, the formulation of the problem is how to implement guarantees for usufructuary certificates over individual property rights related to refusal of financing by banks and how legal certainty guarantees mortgage rights over usufructuary certificates over individual property rights related to refusal of financing by banks. The theory used is Legal Certainty from Gustav Radbruch and Satrio's Guarantee Law Theory. The method used in this study is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials, supported by interviews. The research approach used is the statutory approach, conceptual approach, analytical approach and case approach, and legal material collection techniques are carried out by identifying and inventorying positive legal rules, literature books, journals and other sources of legal materials. For technical analysis of legal material, it is carried out by means of legal interpretation (interpretation) of grammatical interpretation and systematic interpretation and methods of legal construction. The results of research on usufructuary rights on individual land cannot be encumbered with mortgage rights, this makes it ambiguous between the UUHT and PP 18 of 2021. There needs to be an affirmation in PP 18 of 2021 as well as the guarantee of usufructuary rights so that they can be in line with UUHT
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Razak, Ferli, Weni Almoravid Dungga, and Julius T. Mandjo. "Settlement of Land Use Rights Disputes of PT Lebuni Plantations and Shareholders through Non-Litigation Channels." Damhil Law Journal 2, no. 2 (November 30, 2022): 96. http://dx.doi.org/10.56591/dlj.v2i2.1750.
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<p><em>Land is a gift that comes from God Almighty. Soil plays an important role for society and plants. one of which is realized by giving land rights to citizens for land farmers who play an important role in depending on their lives from crops. Land rights that have developed quite rapidly are Cultivation Rights. The usufructuary right contained in Law Number 5 of 1960 UUPA in Article 28 Paragraph 1 states that the usufructuary right is the right to cultivate land controlled by the state within a certain period of time for agricultural, fishery and fisheries businesses. The research aims to find the right solution for various land use conflicts, especially in optimizing the use of abandoned land. This solution is needed to avoid potential horizontal conflicts between communities, companies and the government.</em></p>
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Supriyanto, Heroe, Kurnia Warman, and Zefrizal Nurdin. "Granting of the Usufructuary Rights over Customary Land for Oil Palm Plantations in Nagari Inderapura of Pesisir Selatan Regency." International Journal of Multicultural and Multireligious Understanding 6, no. 5 (October 11, 2019): 104. http://dx.doi.org/10.18415/ijmmu.v6i5.1068.
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The objectives of this study are to: 1) describe and explain the granting of oil palm plantation licensing which becomes usufructuary rights, 2) describe and explain the release of customary rights for the oil palm plantation business, and 3) describe and explain the granting and registration of usufructuary rights of oil palm plantation originating from customary rights. This study employs an empirical juridical approach. Granting of oil palm plantation business licensing occurs with the approval of the principle of oil palm plantation cultivation business, application for location permits and a letter from the Governor of the Level I Region of West Sumatra Province regarding licensing for land clearing for the oil palm plantation business. Currently, the release of customary rights for the oil palm plantation business in Nagari Inderapura is carried out using the custom of “diisi limbago dituang” method through consensus agreement with payment of silihjariah money to ninik mamak with a total land area of ± 11,930 hectares. Granting and registration of usufructuary rights of oil palm plantations must be registered in the land book at the land office and must also advance the rights of local customary people. In this case, the main target of the use of customary land is to improve the welfare and prosperity of customary people. In addition, in agrarian reform, land redistribution is required to provide at least 20% (twenty percent) of the land area used for the local community.
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Rohman, Miftakur. "HUKUM WARIS ISLAM: SOLUSI AKHIR UNTUK KETIMPANGAN SOSIAL TERHADAP PEREMPUAN." MASADIR: Jurnal Hukum Islam 2, no. 2 (December 11, 2022): 431–46. http://dx.doi.org/10.33754/masadir.v2i2.577.
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When a person passes away, most of his rights, according to Islamic law, are given to his heirs and representatives. All property rights, usufructuary rights, and other collateral rights are included in this transferrable right. The Islamic system of inheritance features a broad distribution plan centered on a larger familial circle. The work that must be accomplished for each of the parts determines how they differ from one another. However, there is significant discrimination against the social roles of women. Therefore, a woman's inherited share becomes significant if she is granted the ability to use that portion.
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Shchennikova, L. V., and A. Yu Migacheva. "Usufruct Law: Origins, Comparative Legal Analysis and Prospects of the Development in Russia." Вестник Пермского университета. Юридические науки, no. 52 (2021): 321–45. http://dx.doi.org/10.17072/1995-4190-2021-52-321-345.
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Introduction: the reform of modern civil legislation cannot be completed without the adoption of a package of amendments to the section of the Civil Code of the Russian Federation devoted to real rights. Moreover, the lack of a developed and consistent concept of real rights has a negative impact on the development of all related areas. Real rights are designed to solve strategic problems of state development, among which social issues are currently coming to the fore. In this regard, it is important to study individual real rights proposed for introduction into civil legislation in terms of their potential to promote not only the economic but also the social development of the country. This paper focuses on usufruct in the aspect of its historical identity, powerful functional message, and internationality. Purpose: the research aims to clarify the significance of real law[1] regulation in solving nationally significant problems. Based on the achievements of foreign doctrine and legislation, we attempt to show the prospects of the introduction of usufruct in the Russian system of real rights. Methods: general (philosophical), general scientific, special scientific (including special legal) methods of cognition: dialectical, logical, historical, sociological, comparative-legal and formal-legal. Results: we have studied civil legislation of thirty countries of the world. The study has shown that the introduction of usufruct can have a positive social and economic effect, but only provided that the legislator does not deviate from the historically established concept of usufruct embodied in foreign law. Conclusions:the Draft of Section II of the Civil Code of the Russian Federation ‘Real Rights’ needs revision, with the initial social function of usufruct taken into consideration. It is necessary to work out a system of grounds for the emergence and termination of usufructuary rights, to introduce a mandatory notarial form of a contract for the establishment of usufruct, to provide for the possibility of establishing usufruct by virtue of law in relation to socially significant objects and on the basis of a court decision, to enshrine non-use of the right among the grounds for termination; to allow the establishment of usufruct in relation to citizens and legal entities, and not only non-profit organizations; to allow multiple usufructuaries; to describe in detail the rights and obligations of the owner and the usufructuary, including the duties of treating the property with care, and to indicate the possible limits of the disposal of the property by the usufructuary, including via transactions; to work out the rules for the exercise of the right of usufruct in relation to certain categories of objects, for example: property of minors, inheritance, agricultural land, forests, minerals, etc.
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Pracka, Małgorzata. "Tryb procedowania oraz przesłanki przekształcenia użytkowania wieczystego w prawo własności." Studia Prawa Publicznego, no. 1 (41) (March 15, 2023): 91–109. http://dx.doi.org/10.14746/spp.2023.1.41.5.
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The right of perpetual usufruct has been operating in the Polish legal system since the 1960s. The essence of this right consists in the possibility for the perpetual usufructuary to use land which is publicly owned, to the exclusion of other persons, along with the right to dispose of it. The content of the right to perpetual usufruct is therefore similar in substantive terms to the ownership rights, although it is subject to certain determinants particular only to this law. The limits of the rights of the perpetual usufructuary are determined not only by the provisions of acts, rules of social coexistence, but also by the provisions of the agreement for subjecting land to perpetual usufruct. In addition, the temporary nature of the law and the rules of payment, including the possibility of updating the annual fee for perpetual usufruct, meant that for many years legislative activities were undertaken in the scope of enfranchising perpetual usufruct users. The Act of 20th July 2018 on the transformation of the right of perpetual usufruct of land developed for housing purposes into the ownership right to this land performed normative enfranchisement of perpetual usufruct users. The procedure of confirming enfranchisement is made by the public administration authority in the form of a certificate. The requirement to issue a certificate sometimes demands that the authority conduct a multi-faceted analysis in terms of meeting the conditions for such enfranchisement. Both the material scope of the act, the content of the issued certificate and the paid character of the enfranchisement to which the provisions on state aid apply in practice generate many obligations on the part of the authority issuing the certificate. Due to the universal character of the enfranchisement process and some of its specific features, the legal solutions proposed by the legislator in this area require a more in-depth analysis.
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Woroniecki, Paweł. "Legalfinancial consequences of passing (changing) a local plan of spatial development for an owner (a perpetual usufructuary) of a real estate." Nieruchomości@ I, no. I (March 31, 2020): 86–100. http://dx.doi.org/10.5604/01.3001.0013.9035.
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The article refers to legalfinancial consequences of passing either changing a local plan of spatial development, which can touch an owner (a perpetual usufructuary) of a real estate. These consequences are stated first of all in the Planning and Spatial Development Act of 27th March 2003 (consolidated text: Journal of Laws of 2018 item 1945 with later amendments). This paper intends to outline a normative situation of the owner (the perpetual usufructuary) of the real estate as an entity who experiences these consequences. On the ground of the above-mentioned act two situations have been separated, in which this entity may find himself. In the first situation he will have to pay a single charge for the benefit of commune, when there will be a connection between the passing (changing) a local plan of spatial development and increasing in value of the real estate disposed by him (see article 36 item 4 of the Planning and Spatial Development Act). Whereas in the second situation, it’s the owner (the perpetual usufructuary) of the real estate will have specified financial rights towards the commune, at the same time this situation will occur for example, when he won’t be able to take advantage of the whole or the part of the real estate and this will be connected with the passing (changing) a local plan of spatial development (see article 36 item 1 of the Planning and Spatial Development Act).
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Permatadani, Ega, and Anang Dony Irawan. "KEPEMILIKAN TANAH BAGI WARGA NEGARA ASING DITINJAU DARI HUKUM TANAH INDONESIA." Khatulistiwa Law Review 2, no. 2 (October 31, 2021): 348–58. http://dx.doi.org/10.24260/klr.v2i2.356.
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Abstrak
Di Indonesia, tanah bagian dari tanggung jawab secara nasional untuk terwujudnya penguasaan, pemanfaatan, dan kepemilikan tanah. Tanah merupakan modal dalam pembangunan suatu bangsa dan dapat dimanfaatkan untuk kesejahteraan dan kemakmuran bagi warga negara. Seiring perkembangan global, banyak WNA yang datang ke Indonesia baik dalam rangka wisatawan, hubungan perkawinan, maupun urusan bisnis yang berlokasi di Indonesia sehingga membuka kesempatan bagi WNA untuk dapat memiliki alas hak atas tanah. Oleh karena itu, tujuan penulisan artikel ini untuk menelaah hak-hak atas tanah yang dapat dikuasai oleh WNA di Indonesia. Menurut Undang-Undang Pokok Agraria, WNA dapat menguasai tanah melalui hak pakai atau hak sewa untuk bangunan. Di beberapa regulasi lain WNA juga dapat mendirikan rumah di atas tanah hak pakai, dapat juga memperoleh tanah yang berasal dari hasil perkawinan dengan WNI setelah adanya perjanjian pemisahan harta. Namun, sifat hak milik sebagai hak terkuat menjadi incaran para WNA dengan melakukan penyelundupan hukum, sehingga pada praktiknya sering terjadi WNA dan WNI melakukan perjanjian hak milik atas tanah melalui perjanjian nominee trustee agreement. Oleh karena itu, maraknya praktik tersebut harus direspon dengan penguatan hukum pertanahan agar WNA tidak dengan mudah melakukan penyelundupan hukum dalam memperoleh hak atas tanah.
Abstract
In Indonesia, the land is part of the national responsibility for realising land tenure, use and ownership. The land is the capital in the development of a nation. It can be used for the welfare and prosperity of citizens. Along with global consequences, many foreigners who come to Indonesia for tourists, marital relations, and business affairs are located in Indonesia, thus opening up opportunities for foreigners to have land rights. Therefore, the purpose of writing this article is to examine land rights that foreigners in Indonesia can control. According to the Basic Agrarian Law, foreigners can control land through usufructuary rights or rental rights for buildings. In several other regulations, foreigners can also build houses on land with usufructuary rights and acquire land from marriages with Indonesian citizens after an agreement on the separation of assets is made. However, the nature of property rights as the most vital right has become the target of foreigners by conducting legal smuggling. In practice, foreigners and Indonesian citizens often enter into land ownership agreements through a nominee trustee agreement. Therefore, the rampant practice must be responded to by strengthening the land law so that foreigners do not easily carry out legal smuggling in obtaining land rights.
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Sappe, Suryani, Adonia Ivone Latturete, and Novyta Uktolseja. "Hak Pakai Atas Tanah Hak Milik dan Penyelesaian Sengketa." Batulis Civil Law Review 2, no. 1 (May 31, 2021): 78. http://dx.doi.org/10.47268/ballrev.v2i1.560.
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The process of the occurrence of use rights over land is based on statutory regulations and government regulations to prevent misuse of the administration process. However, in this era of increasingly modern life, there are many disputes relating to control and use of land for public, individual and private interests. The right to use is not at all a new land rights institution, but it is less well known than the ownership rights, land use rights, or building use rights, for that it requires a correct understanding of the right to use in order to use it responsibly. The purpose of this paper is to study and analyze the arrangements for use rights over land with ownership rights and to study and analyze the process of settling usufructuary disputes over land with ownership rights. The method used in this research is the normative juridical method using the statute approach and the conceptual approach, and the case approach is then studied and used as material for descriptive analysis in order to obtain answers to the problems that occur. The results of the research show that the regulation of use rights over land with ownership rights is very important because, when the right to use stands, buildings or objects become assets of the recipient of the right to use. So when the right of use expires or is canceled it will have a legal effect on the objects on it, thus it is hoped that there must be regulations governing objects or buildings that are included in the relinquishment of use rights even though there is an agreement made by the parties.
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Suwardi, Suwardi. "HAK KEPEMILIKAN TEMPAT TINGGAL BAGI WNA DI BIDANG PROPERTI." Perspektif Hukum 17, no. 1 (May 3, 2017): 138. http://dx.doi.org/10.30649/phj.v17i1.157.
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Abstract : The residential property sector in Indonesia remains attractive even though there are several factors that have hampered growth over the past two years. The ownership for singles related to property refers to Government Regulation Number 40 of 1996 concerning Building Use Rights, Business Use and Use Rights to Land; Government Regulation Number 41 of 1996 concerning Housing or Residential Houses by Foreigners Domiciled in Indonesia; Law Number 25 of 2007 concerning Investment. Secondly, foreigners can buy or own a house in Indonesia above usufructuary rights, but the maximum time period given is 10 years for land under 2000 square meters. At present, more than 50% of Indonesia's population lives in urban areas. This means that there will be more houses, apartments and condominiums to be built in Indonesian urban areas to meet growing demand. This situation also implies that due to lack of land availability in urban areas, prices tend to rise rapidly, while developers need to increasingly focus on vertical property development such as apartments and condominiums. <br /> <br />Keywords: Residential, Ownership Right by Foreigners, Property
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Sudharsana, Tjokorda Gde Rai Y. Ary, and I. Wayan Novy Purwanto. "NOMINEE AGREEMENT: A SOLUTION FOR FOREIGNERS TO CONTROL LAND IN BALI." POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 1, no. 4 (December 15, 2022): 57–64. http://dx.doi.org/10.55047/polri.v1i4.473.
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The purpose of this study is to find out the legal basis of the nominee agreement and to find out the nominee agreement that is used as a solution by foreigners in controlling land in Bali. This research method uses the type of empirical legal research. The legal basis for the nominee agreement is Article 21 and Article 26 of the Basic Agrarian Law (BAL). In addition, there are also other legal bases, namely Articles 1320 and 1313 of the Civil Code. Juridically, the nominee agreement cannot be used as a solution by foreigners to control land in Bali. Land tenure that can be taken by foreigners is with usufructuary rights and rental rights.
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Mujiburohman, Dian Aries, Rohmat Junarto, M. Nazir Salim, Dwi Wulan Pujiriyani, Westi Utami, and Dwi Titik Wulan Andari. "The Issues of Land Tenure in Mixed Marriage." Jurnal Ilmiah Peuradeun 11, no. 1 (January 30, 2023): 19. http://dx.doi.org/10.26811/peuradeun.v11i1.818.
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One of the problems in mixed marriages of different nationalities is joint property. Most mixed-married couples do not make property separation agreements because they are unaware that the Marriage Law governs them. The absence of a marriage agreement results in a mix of assets, which means that foreigners own half of the joint property. The provisions in the land law/ UUPA state that foreigners are prohibited from having land rights except for usufructuary rights and rental rights. This study applied the normative legal research method with a statutory and case-based approach. This study showed that if mixed marriage actors did not have a property separation agreement, Indonesian citizens' land rights ownership status was equal to that of the foreigners. Second, jurisprudence still required a separation of properties in mixed marriages. The agreement could be made before, during, or after the marriage. Third, marriage institutions could conduct legal smuggling to obtain land rights in Indonesia through borrowing names (nominees), usually carried out in an unregistered marriage.
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Galang Putra Praja and Heru Kuswanto. "Analisis Yuridis Hak Menguasai Negara melalui Izin Pemakaian Tanah (IPT) untuk Kepentingan Umum." Dewantara : Jurnal Pendidikan Sosial Humaniora 3, no. 1 (February 20, 2024): 268–74. http://dx.doi.org/10.30640/dewantara.v3i1.2235.
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Provision of land is an obligation of the State in line with the concept of the right to control land by the State. In principle, the state has the authority and also the obligation to carry out equitable designation and utilization for the community as the fulfillment of human rights. The phenomenon regarding Land Use Permits (IPT) has apparently not provided legal protection for the land users because at any time the land can be revoked by the Government because there is no strong basis for rights regarding control over Land Use Permits (IPT). The formulation of the problem used by the author is the status of land ownership rights by the State through IPT for the public interest. The research results of this writing are that the public interest is an act in the form of granting permission from authorized officials in terms of land use which is called IPT. However, it should be remembered that the use of IPT cannot be interpreted as a transfer of management rights to land or usufructuary rights to state land because the granting of a Land Use Permit is inherent in the aspect of public interest in which the provision of land is for the wider community.
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Komariah, Rima, Djuhaendah Hasan, and Siti Rodiah. "Fraus legis in land ownership conducted by foreign citizen in perspective of Indonesian land law." International Journal of Latin Notary 3, no. 01 (March 7, 2023): 6–15. http://dx.doi.org/10.61968/journal.v3i01.48.
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Indonesia has a close relationship with the earth, water, space, and the natural wealth contained therein, so the land tenure hierarchy in Indonesia places the nation's rights in the highest order. Based on the concept of the nation's rights, only Indonesian citizens are allowed to have full relations with the territory of Indonesia, while foreigners are not allowed. In practice, foreign nationals have abused their rights so that they can have land rights in the form of property rights in which there is a law smuggling action. One of the problems that arise is the recognition of ownership of land rights in the form of islands by foreign citizens. The purpose of this research is to analyze the ownership of land rights by foreign nationals associated with the abuse of rights by foreign nationals, the ownership of land rights in the form of islands by foreign nationals in the Indonesian land law system is associated with the right to control by the state and the concept of land rights. land in the form of islands in the Indonesian land law system. This research uses secondary data which is arranged in a systematic, comprehensive, and integrated manner to achieve clarity of the problem to be discussed. The results of the study show that foreign nationals can have land rights in the form of usage rights and rental rights. This policy is given the embodiment of the principle of justice. but is not allowed to have land rights in the form of property rights. In practice, there are many cases of abuse of rights by foreign nationals which are legal smuggling carried out through marriage, rental agreements with irrelevant terms, and control of usufructuary rights over a land area that violates the rules. The state's right to control land originates from the Indonesian nation's right to land. The state can grant land rights to foreign nationals as long as the land has not been granted other land rights.
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Fortmann, Louise. "Locality and custom: Non-aboriginal claims to customary usufructuary rights as a source of rural protest." Journal of Rural Studies 6, no. 2 (January 1990): 195–208. http://dx.doi.org/10.1016/0743-0167(90)90006-t.
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Peeters, Bruno, and Bruno Peeters. "ECJ Rules on Compatibility of Belgian Participation Exemption Regime with EC Parent-Subsidiary Directive." EC Tax Review 18, Issue 4 (August 1, 2009): 146–56. http://dx.doi.org/10.54648/ecta2009022.
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This contribution deals with two judgments the European Court of Justice (ECJ) recently has issued regarding the conformity of the Belgian participation exemption with the EC Parent-Subsidiary Directive. The case Belgian State v. Les Vergers du Vieux Tauves SA of 22 December 2008 clarifies the personal scope of application of the Directive. A usufructuary cannot be deemed to have a holding in the capital since from a civil law perspective it derives its right to receive profit distribution from its sufructuary rights and not from a holding in the capital. In the Belgische Staat v. NV Cobelfret case of 12 February 2009, the ECJ again rules that a Member State cannot apply unilateral conditions not provided for in the Directive. This case concerns the condition under Belgian domestic law according to which a parent company must have a positive taxable basis in order to benefit from the participation exemption.
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Safik, Akhmad, and Mira Ewinda. "Pengelolaan Tanah Di Ibu Kota Negara IKN." Jurnal Magister Ilmu Hukum 8, no. 2 (August 31, 2023): 50. http://dx.doi.org/10.36722/jmih.v8i2.2307.
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<p><strong>Abstrak</strong></p><p><strong></strong> Pelepasan kawasan hutan untuk kepentingan umum termasuk IKN berdasarkan ketentuan Perpres 65 tahun 2022 yang dikelola oleh Badan Otorita IKN, adapun tanah yang di gunakan untuk membangun IKN adalah tanah negara berdasarkan hak pakai untuk penyelenggaraan pemerintahan yang ditentukan berdasarkan ketentuan perundang-undangan (yuridis normative) serta kajian empiris dalam bidang pertanahan. Penulis menggunakan bentuk penelitian yuridis normative dengan pendekatan peraturan perundang-undangan serta Metode empirisme berdasarkan metode appraisal. Rumusan masalah dari penelitian ini adalah bagaimana implementasi pengelolaan hak atas tanah di IKN. Hasil penelitian mununjukan bahwa secara normatif pengelolaan lahan IKN berdasarkan Perpres 65 tahun 2022 serta Undang Undang 3 Tahun 2022 serta Peraturan Pemerintah Nomor 17 Tahun 2022 sedangkan pemberian hak atas tanah berdasarkan ketentuan Aprasial yang ditentukan dalam peraturan menteri ATR BPN.</p><p><strong>Kata kunci:</strong> Badan Otorita IKN; Apraisal; Hak Pakai; Penilai Tanah</p><p><strong>Abstract</strong></p><p><strong></strong> Release of forest areas for public purposes including IKN based on the provisions of Presidential Decree 65 of 2022 which is managed by the IKN Authority Agency, while the land used to build the IKN is state land based on usufructuary rights for administering government determined based on statutory provisions (juridical normative) and empirical studies in the land sector. The author uses a form of normative juridical research with a statutory regulation approach and an empiricism method based on the appraisal method in land appraiser. The problem formulation of this research is how to implement the management of land rights in IKN. The results of the study show that normatively management of IKN land is based on Presidential Decree 65 of 2022 as well as Law 3 of 2022 and Government Regulation Number 17 of 2022 while the granting of land rights is based on appraisal provisions specified in the ATR BPN ministerial regulation.</p><p><strong>Keyword:</strong> Appraisal; IKN Authority Agency; land appraiser; usufructuary rights</p>
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Solehuddin, Solehuddin. "The proprietary rights status of the apartment units held by foreign nationals in Job Creation Law." Legality : Jurnal Ilmiah Hukum 30, no. 1 (March 25, 2022): 88–102. http://dx.doi.org/10.22219/ljih.v30i1.20199.
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The objective of this research is to examine how the polemics of the proprietary rights of apartment units are provided by the government for foreign nationals who temporarily reside in Indonesia to encourage the improvement of investment, especially in the property sector. This research employed normative-juridical methods by conducting library research involving books, journals or scientific articles, internet media, and statutory approach involving Law No. 20 the year of 2011 regarding Apartment Units, the Law on Job Creation. This research has learned that the Proprietary Rights granted by foreign nationals staying in Indonesia refer to property rights to own apartment units or apartment unit spaces, excluding the land underneath based on land rights, namely Proprietary Rights, Building Rights, and Usufructuary Rights. Granting the status of Proprietary Rights means that the foreign nationals who obtained apartments have the same rights as Indonesian citizens do. The ownership status of Property Rights is granted to foreign nationals. The government in its program of providing apartments for the Low-Income Communities (LIC) should also give legal certainty to the communities. Due to the large number of investors entering Indonesia, it is feared that procurement of apartments for the LIC will be marginalized by the construction of Apartments special for foreign nationals. Therefore, the government should determine which areas may be allowed for foreign nationals’ ownership, where in fact the expansion of this proprietary status is an implication of the economic sector for business interests in the property sector.
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Yudistira, Muhammad, Yuhelson Yuhelson, and Erny Kencanawati. "TANGGUNG JAWAB NOTARIS TERHADAP AKAD MURABAHAH YANG DIUBAH SECARA SEPIHAK DAN MENGAKIBATKAN KERUGIAN BAGI SALAH SATU PIHAK." SENTRI: Jurnal Riset Ilmiah 2, no. 12 (December 8, 2023): 5072–81. http://dx.doi.org/10.55681/sentri.v2i12.1893.
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In this study, the author found several cases related to the murabahah contract problem which was changed unilaterally by a notary, causing harm to one of the parties. The first formulation of the problem in this study was what was the notary's responsibility for the changes he made to the murabahah contract which was detrimental to the customer? The writer used the theory of legal responsibility according to Abdulkadir Muhammad and the theory of legal protection according to Philip M. Hadjon in order to analyze the problem. This research used normative juridical method and carried out a case approach, a statute approach, and an analytical approach in relation to the problems studied. The legal materials used are primary legal materials and secondary legal material. The researcher carried out data analysis with systematic interpretation. The results of research on usufructuary rights on individual land cannot be encumbered with mortgage rights, this makes it ambiguous between the UUHT and PP 18 of 2021. There needs to be an affirmation in PP 18 of 2021 as well as the guarantee of usufructuary rights so that they can be in line with UUHT. The results of this study indicate that firstly, if the notary is not careful in issuing a copy of the murabahah contract without paying attention to the original offering letter and minutes of the murabahah contract which has been agreed upon by the parties so as to cause a change in the clause in the murabahah contract which causes losses to the customer, the notary can be held accountable in a civil manner according to Article 1365 of the Civil Code in the form of a claim for compensation in the case of committing an unlawful act this is in accordance with the theory of responsibility due to unlawful acts committed due to negligence (negligence tort lilability) according to abdulkadir muhammad. Secondly customers are protected by the existence of repressive legal protection, namely dispute resolution through litigation in religious court institutions in protecting rights that are violated in murabahah contracts, especially in sharia economic disputes, this is in accordance with the provisions of Article 55 paragraph (1) of Law 21 of 2008 concerning Banking. This sharia is in line with the theory of repressive legal protection according to Philip M. Hadjon.
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Kaidel, Hendro. "PERLINDUNGAN HUKUM TERHADAP HAK ATAS TANAH MILIK DESA KOBA SELTIMUR ATAS TANAH DENGAN HAK PAKAI." Bacarita Law Journal 3, no. 1 (November 17, 2022): 35–54. http://dx.doi.org/10.30598/bacarita.v3i1.6809.
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Land in Murai Lama Village which is the object of use rights is land located in Aru Tengah Benjina District, Aru Islands Regency with a land area of about 26,4062 (twenty six thousand four hundred and six square meters). The land used by the people of Murai Lama Village has a usufructuary status granted by the Kaidel clan on August 13, 1946. This paper wants to examine and analyze how the arrangements for granting customary land rights are made and how legal protection is for owners of land that give rights to parties. other.
The type of research used in this legal research is normative legal research. The approach used in a legal research is a law application approach and a conceptual approach. Sources of legal materials come from primary legal materials, secondary legal materials and tertiary legal materials.
The results and discussion show that the arrangement for granting land rights has actually been regulated in the laws and regulations in Indonesia. Arrangements for granting rights to customary land of Koba Seltimur Village to Murai Lama Village with rights based on positive legal provisions in force in Indonesia. The positive legal provisions given to the party exercising the right refer to Article 43 of Law Number 5 of 1960 concerning Basic Agrarian Principles which states that land rights can only be transferred, if this is possible in the relevant agreement. Furthermore, regarding this provision, it is embodied in Article 53 paragraph (3) of Government Regulation Number 18 of 2021, Management Rights, Land Rights, Flat Units, and Land Registration which states that the occurrence of use rights is due to legal ownership. While the law of protection for the owner of the land that gives the right of use to the other party is a guarantee of the fulfillment of human rights so that the rights of every citizen are not violated by anyone. Legal protection for land owners who give rights to other parties is very urgent because it presents good land for the benefit of the people of Murai Lama Village so that the rights of indigenous peoples must be protected by the state and the community so as not to cause conflicts that can harm other parties.
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IGN. Supartha Djelantik, I Nyoman Putu Budiartha, and Hartini Saripan. "The Right on Land for Foreigner and Foreign Legal Entity Tourism Investasion Perspective, Participation and Nominee Practice Prevention." Journal Equity of Law and Governance 2, no. 1 (March 31, 2022): 69–85. http://dx.doi.org/10.55637/elg.2.1.4693.69-85.
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Bali is one of the national cultural heritages, which is endlessly praised in various essays and research results, then becomes a reference and promotion as an exotic island that inspires the rise of world tourism. Tourism encourages investment in hospitality, restaurants, transportation, trade, property, the creative economy sector and others. Investment, changing the function of agriculture into hospitality and transforming the work of farmers into services. Major changes in the mind-set of rural farmers to urban services. This change is not accompanied by a significant expansion of public participation, because tourism is concentrated in capital due to legal limitations that favoring on investors. The government is trying to make corrections, through the following steps, namely: (1) through ASEAN economic cooperation, Indonesia-Australia bilateral cooperation (IA-CEPA) and other countries, (2) deregulation in the fields of investment, land by granting usufructuary rights over land; and (3) encourage community participation through agrarian reform. These steps are important means, as a trigger for the awakening of the awareness of the basis of national economic development which Article 33 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, determines that "The economy is organized as a joint effort based on the principle of kinship". The constitution requires collective ownership of a company, mutual benefit. The national economy is designed as a joint effort based on the "family principle", in the form of cooperatives, which put the emphasize on the element of participation rather than the concentration of capital. Article 2 of the Bacis Agrarian Law (BAL) constitutes the implementing regulation of Article 33 paragraph (3) of the 1945 Constitution, explaining the control of natural resources by the state, namely "Earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people Article 33 paragraph (4) The national economy is organized based on a democratic economy based on the principle of togetherness, so conceptually it can be formulated that community participation in provision of Foreigner Housing is a form of empowerment, recognition of community rights in efforts to improve community welfare and as mandates for the implementation of the 1945 Constitution of the Republic of Indonesia, Articles 42 and 45 of the BAL in granting usufructuary rights to foreigners/ Foreign Legal Entity.
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Jaelani, Mahmud, and Abdul Mukmin. "KAJIAN HUKUM KEDUDUKAN BANGUNAN DI ATAS HAK PAKAI ATAS TANAH YANG TELAH DI BATALKAN (Di Tinjau Dari Peraturan Pemerintah Nomor 40 Tahun 1996 Tentang Hak Guna Usaha, Hak Guna Bangunan Dan Hak Pakai Atas Tanah)." Yuriska : Jurnal Ilmiah Hukum 10, no. 2 (August 20, 2018): 107. http://dx.doi.org/10.24903/yrs.v10i2.352.
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The right to use is regulated in Article 41 through Article 43 which is further regulated in Government Regulation No. 40 of 1996 concerning Right to Cultivate, Right to Build and Right to Use of Land Article 41 to Article 58. In Article 41 paragraph (1) of Law Basic Agrarian Law, is defined as the Right to Use is the right to use and / or collect proceeds from land that is directly controlled by the state or land of the Property of another person, who gives authority and obligations specified in the decision to grant it by an official authorized to give it or in an agreement with the owner of the land, which is not a lease agreement or land processing agreement, everything originating does not conflict with the spirit and provisions of this law.So that the cause of the cancellation of the second right is the position of the building above the usufructuary rights to the land that has been cancelled. The position of the building this case is not only in the physical sense concerning the location and magnitude of the building alone, more than that it has a legal meaning concerning the legal position of the building. This is related to ownership rights and land rights attached to it. The method used in this study is a normative research study with legislation as primary legal material, books, literature as secondary legal material and information and data as secondary material from this study.In principle, the matter that causes the Right to Use of Land can be canceled is the expiration of the term or canceled by the authorized official, the management right holder or the landowner before the expiry date, released voluntarily by the right holder before the term expires, the right of use is revoked, abandoned, the land is destroyed and the Right of Use holder does not qualify as the Right to Use holder. Whereas in relation to the position of the building above the Use of Land Rights by the Indonesian Citizen who has been cancelled depends on the agreement that accompanies when the right to use is granted, but for foreigners through the right to use can transfer their assets through inheritance.
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Ismi Putri, Oriza Imanda Pratama, and Fatma Ulfatun Najicha. "KEABSAHAN PERJANJIAN PINJAM NAMA ANTARA WARGA NEGARA ASING TERHADAP WARGA NEGARA INDONESIA." UNES Law Review 4, no. 2 (December 27, 2021): 190–97. http://dx.doi.org/10.31933/unesrev.v4i2.222.
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This study aims to analyze the legal provisions in the regulations regarding the nominee agreement and the form of sanctions given to the notary making the nominee agreement deed that is contrary to the UUPA. This type of research is normative juridical and the approach method used is the statutory approach. The results of this study are that the nominee agreement between foreign citizen and Indonesian citizen does not meet the objective requirements for the validity of the agreement, because it does not contain a lawful cause. This is because this agreement was made to do things that are prohibited by law. Foreign nationals do not have ownership rights to land in Indonesia, but only have usufructuary rights to land. This has been regulated in Article 42 of the UUPA. In relation to the notary making the deed of the nominee agreement which is contrary to the UUPA, then administratively, the notary has violated article 16 paragraph (1) letter d of the UUJN, so that it can be subject to sanctions in the form of verbal warning, written warning, temporary dismissal, respectful dismissal, or dishonorable dismissal.
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Bouayad, Aurelien. "Wild rice protectors: An Ojibwe odyssey." Environmental Law Review 22, no. 1 (March 2020): 25–42. http://dx.doi.org/10.1177/1461452920912909.
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On the eve of New Year 2019, the White Earth Band of Ojibwe in Minnesota adopted a Tribal law recognising the intrinsic rights of wild rice. The article intends to explore the many struggles that this Native American community had to endure in the defence of their way of life and of the resources and territories on which they rely. The three `fights' that punctuated this complex ecological controversy will consequently be analysed, looking firstly at Ojibwe’s crusade for access to wild rice based on court cases over off-reservation usufructuary rights from the early 1970s to 1999, before exploring the Tribe’s effort to challenge appropriation of wild rice in the first decade of the 21st century, in the context of scientific and private attempts at patenting and genetically modifying the plant. The final section discusses the innovative legal strategies recently deployed by Ojibwe to retain control over wild rice against the backdrop of Enbridge Line 3 pipeline and the considerable environmental risks that such project represents. Eventually, this investigation provides an eloquent illustration of the role that legal creativity can play in the defence of indigenous communities’ threatened ecologies.
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Kozińska, Joanna. "Perpetual usufruct as an instrument for strengthening socialist state property and contemporary legal effects in property law." Studia nad Autorytaryzmem i Totalitaryzmem 42, no. 3 (March 25, 2021): 225–46. http://dx.doi.org/10.19195/2300-7249.42.3.11.
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The first part of this study presents historical reasons for introducing perpetual usufruct by the Management of Urban Areas Act 1961 and the Civil Code 1964. It begins with the general analysis that focuses on the changes of laws from the initial introducing development right and perpetual lease to ownership divided into periods and then usufruct of the state residential property. The author explains the mechanism of influence of the factors arising from communist ideology (Marxism-Leninism) on the proposed legal solutions particularly attributing a prominent role to socialist state property in the People’s Republic of Poland. Next, the official version of the perpetual usufruct’s role is also presented. The perpetual usufruct was introduced as a new real right which was to be attractive for citizens and enabled the state to administer areas in towns and settlements in accordance with a legal town development plan. The aim of the study is the explanation of the real function of the perpetual usufruct of residential lands in towns. The construction of perpetual usufruct was a result of referring to models of Soviet law. It was an instrument which was to protect socialist state property as well as to counteract a depletion of the accumulated state lands through a transfer of those lands for private persons. The perpetual usufruct also was to enable the socialist state to control how urban land was used. The perpetual usufruct was a result of the ideological and political principles of the socialist system in the People’s Republic of Poland, particularly strengthening socialist state property of lands. The perpetual usufruct was really a semblance of ownership of land. This was indirectly explained in the resolutions of the Supreme Court of 1968 and 1969. Therefore, in our times there are difficult legal problems also connected with the issue of granting property rights to perpetual usufructuary. The legal proposals of replacing perpetual usufruct with different rights still haven’t been introduced. The last part of this study expresses in a concise way the contemporary legal acts which were aimed at reducing the accumulation of lands which were let on a perpetual usufruct. Nevertheless, these acts weren’t always effective. The Act of 2018 on Transformation Perpetual Usufruct of Built-up Residential Lands into Ownership of those Lands is the last legal act concerning the discussed issues. In principle this act introduced the enfranchisement in accordance with the law for every perpetual usufructuary of built-up residential land. However, it didn’t eliminate the perpetual usufruct in Polish property law. The analysis in this paper proposes the thesis that the perpetual usufruct of residential lands (on a large scale) was never justified in an economy, but was only determined by ideological and political reasons in the People’s Republic of Poland.
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Iswanaji, Chairir, Aziz Muslim, and M. Zidny Nafi' Hasbi. "Ijarah Collaborative Service Model in Sharia Banking." Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) 5, no. 2 (July 31, 2022): 702–19. http://dx.doi.org/10.31538/iijse.v5i2.1778.
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Ijarah is a contract for the transfer of usufructuary rights over goods or services, through payment of rental wages, without being followed by a transfer of ownership of the goods themselves. The context of ijarah in Islamic banking is a lease contract in which a bank or financial institution leases equipment to one of its customers based on a definite predetermined cost. The research method is qualitative with a comparative study approach. Data collection techniques include observation, documentation, and deep interviews. The object of this research was carried out in the Yogyakarta area. The findings of the ijarah case presented in this study indicate that the services created jointly by customers, service organizations (Islamic banks), and assisting parties divide their roles into sub-roles assigned to individuals. This research provides a basic understanding of the development of a sharia service model, which can complement the current IFM to holistically capture both economic transactions and service elements, which are currently prevailing in the Islamic banking market.
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Murugesan, Dr P. "CONSEQUENCES OF LOSS OF COMMON PROPERTY RESOURCES IN THE SELECTED BLOCK, DINDIGUL DISTRICT OF TAMILNADU." YMER Digital 20, no. 12 (December 27, 2021): 758–68. http://dx.doi.org/10.37896/ymer20.12/69.
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Common property land resources include grazing ground, community pasture, village forests and woodlots, and village sites, on which the villagers have legal usufructuary rights; these land resources also include all another land formally held by the panchayat or a community of the villages (NSS 54th round). For a collection of data of common land resources de jure and e facto approaches were considered. Forest land resources which are under the jurisdiction of the forest department was also considered as poor dependent rural communities are directly or indirectly dependent on the forest for livelihoods. From the report of NSS 54th round, it is observed that 15% of India’s total geographical area substantially forms a part of common land resources. Consequences of loss of common property resources and depletion of common property resources resulted largely because there was no private cost for using these resources. Privatization of common property resources in the arid zone has invariably meant the conversion of common property resources land into cropland.
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Olufemi, Damilola Blessing, and Olusola Joseph Adejumo. "Gender, Productive Resources and Agricultural Development in the Urban Area." Journal of Gender and Power 14, no. 2 (December 1, 2020): 85–101. http://dx.doi.org/10.2478/jgp-2020-0015.
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Abstract The Nigerian society is a patriarchy society where men dominate over women most especially in access and control over productive resources and decision-making process. This limitation often has negative impacts on food security; most especially in urban areas where more than half of the world’s population now dwells. This study aimed at documenting the experiences of urban women farmers in accessing critical agricultural productive resources. The study engaged both quantitative and qualitative methods in designing the research. Multistage sampling technique was used to select 250 respondents, and information was elicited through the use of questionnaire, Key Informant Interview (KII), and Focus Group Discussion (FGD). The study revealed that the urban female farmers in the study area have inadequate access to critical agricultural productive resources and are still making use of crude and traditional implements in their various agricultural activities. Likewise, through usufructuary rights, in reference to access to land the urban status quo is gradually weakening the patriarchal nature of the society.
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RAHYENDRA, RAHYENDA RAHYENDA. "PEMILIKAN RUMAH TINGGAL UNTUK ORANG ASING YANG BERKEDUDUKAN DI INDONESIA." Jurnal Ilmu Hukum 9, no. 2 (August 27, 2020): 318. http://dx.doi.org/10.30652/jih.v9i2.7940.
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The Basic Agrarian Law prohibits foreigners from having property rights, the law does not close the opportunity for foreign citizens and foreign legal entities to have rights over land in Indonesia. Foreigners can have rights to land in Indonesia, that is, only with usufructuary rights, not other types. Foreigners are only allowed to own property in the form of a residential or residential unit in the form of flats (apartments), regarding the legal certainty of ownership of a residential or residential house by foreigners who are domiciled in Indonesia regulated in Government Regulation of the Republic of Indonesia Number 103 of 2015 concerning Ownership of Houses Living or Occupancy by Foreigners Domiciled in Indonesia, especially Article 2 paragraph (1) which states that foreigners can own a house for residence or residence with usufruct rights. The problems discussed in this thesis are How to Arrange and Procedure for Residential Ownership for Foreigners Domiciled in Indonesia and How the Role of Notaries in Owning Residential Foreigners Domiciled in Indonesia. The results of the study explain the Arrangement and Procedure of Residential Ownership for Foreigners Domiciled in Indonesia. Property ownership in Indonesia is currently regulated in Government Regulation Number 103 of 2015 concerning Ownership of Residential or Residential Homes by Foreigners Domiciled in Indonesia, the regulation emphasizes that foreign nationals can only exercise use rights and lease rights over property in the form of a house / occupancy. in Indonesia. The Role of Notary in Owning Residential Foreigners Domiciled in Indonesia, especially in the Jakarta area, on average do not meet the provisions stipulated by law, Notary and PPAT play a more role as someone who facilitates and makes it easier for foreigners to own land and a house to live in. Indonesia through the practice of a nominee agreement which is a legal smuggling
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Yuliandri, Risa. "Kehidupan Sosial Migran Madura di Desa Kintamani Tahun 1982-2018." Pustaka : Jurnal Ilmu-Ilmu Budaya 21, no. 2 (November 21, 2021): 122. http://dx.doi.org/10.24843/pjiib.2021.v21.i02.p05.
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This study examines the Madurese community. The aim is to then find out the driving and pulling factors of Madurese migrating to Kintamani, knowing the sectors that Madurese are involved in, and the implications of Madurese migrants for the local community. The study uses historical methodology such as historical explanations. The result of this research is that the beginning of the migration of Madurese people, only a few Madurese immigrants who were in Kintamani, gradually as time went on the Madurese grew. Then Madurese can be accepted in Kintamani due to a factor when Madurese, who only a few come to Kintamani, participate in fighting for the village to give prizes in the form of land as usufructuary rights to Madurese and are only subject to funds according to the area obtained per family. Madurese people work in the field of business in general as traders and over time the Madurese community in Kintamani has grown and those who have succeeded already have permanent houses in Kintamani village.
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Antoni, Antoni, Nitaria Angkasa, and Lenny Nadriana. "VILLAGE GOVERNMENT POLICIES IN RESOLVING LAND REGISTER CONFLICT." Proceedings of the 1st International Conference on Social Science (ICSS) 2, no. 1 (February 1, 2023): 58–64. http://dx.doi.org/10.59188/icss.v2i1.84.
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Land is a necessary area in socio-economic life. This study aims to determine the village government's policy in resolving land registration conflicts and village government policies in resolving land registration conflicts. The research is normative legal research using two approaches, namely the empirical juridical approach and the normative juridical approach. The results indicate that the village government's policy in resolving land registration conflicts is a village government policy submitted by the National Land Agency for land conflicts that have been granted usufructuary rights by the village government. The policies taken by the National Land Agency are not by the procedures and mechanisms stipulated in the Regulation of the Minister of Agrarian Affairs Number 9 of 1999, concerning procedures for the use of state land, as well as residents occupying land registers, were not used as an object in the formulation of policies and procedures for handling land registration conflicts. The village government is only a 3rd party, namely an intermediary. Procedures for handling land conflicts in the register include: submitting a complaint to the BPN, completing files, collecting authentic data, conducting the mediation, changing data, submitting old judges, and issuing legal co
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Zakaria, Aditya Darmawan. "Kebijakan Pemberian Hak Guna Usaha Di Atas Hak Pengelolaan Dalam Perspektif Undang-Undang Pokok Agraria." Notaire 5, no. 1 (February 25, 2022): 1. http://dx.doi.org/10.20473/ntr.v5i1.33073.
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Abstractissues related to usufructuary rights in Indonesia can be given above management rights. This provision contradicts Article 28 of the LoGA which requires that HGU can only be granted on state land. So that we need a policy that provides legal certainty and convenience in providing services and certificates that obtain land rights, namely cultivation rights over management rights. based on the applicable laws, Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units and Land Registration, Government Regulation Number 24 of 1997 concerning Land Registration and the Basic Agrarian Law. The results of the study provide an explanation of the policy on granting rights to cooperation with cultivation rights before PP number 18 of 2021. The agreement is in the form of written approval from the HPL holder, which is a type of cooperation as outlined in the agreement and the transfer of land rights to become development land. The existence of disharmony between Article 21 of PP 18 of 2021 and Article 28 of the UUPA has led to the application of the Lex Superiori Derogat Legi Inferiori principle which results in legal uncertainty and has the potential to be subject to judicial review by the Supreme Court.Keywords: Land Rights; Management Rights; Cultivation Rights; State Land.Abstrakisu terkait hak guna usaha di Indonesia dapat diberikan di atas hak pengelolaan. Ketentuan tersebut bertentangan dengan Pasal 28 UUPA yang mengharuskan HGU hanya bisa diberikan di atas tanah negara. Sehingga diperlukan kebijakan yang memberikan kepastian hukum serta kemudahan dalam pemberian pelayanan maupun sertipikat yang memperoleh hak atas tanah yaitu hak guna usaha di atas hak pengelolaan.Tujuan penelitian ini adalah menganalisa kebijakan terkait Pemberian Hak Guna Usaha di ataas Hak Pengelolaan, melalui pendekatan yuridis normatif yaitu peraturan berdasarkan perundang-undangan yang berlaku Peraturan Pemerintah Nomor 18 Tahun 2021 tentang Hak Pengelolaan, Hak Atas Tanah, Satuan Rumah Susun serta Pendaftaran Tanah, Peraturan Pemerintah Nomor 24 Tahun 1997 mengenai Pendaftaran Tanah dan Undang-Undang Pokok Agraria. Hasil telaah memberikan penjelasan kebijakan pemberian dari hak atas kerja sama hak guna usaha sebelum PP nomor 18 tahun 2021 Perjanjian berbentuk persetujuan tertulisd dari pemegang HPL, merupakan macam Kerjasama yang dituangkan dalam perjanjian dan peralihan hak atas tanah guna menjadi lahan pembangunan. Adanya disharmonisasi antara pasal 21 PP 18 tahun 2021 dengan pasal 28 UUPA menyebabkan berlakunya asas Lex Superiori Derogat Legi Inferiori yang berakibat ketidakpastian hukum dan berpotensi dilakukan uji materi oleh Mahkamah Agung.Kata Kunci: Hak Atas Tanah; Hak Pengelolaan; Hak Guna Usaha; Tanah Negara.
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M. D., Md Damiri, Pakhriazad H. Z., Paiman B., and Mohd Hasmadi I. "Revisiting British Malaya's Era: An Intriguing Historical Legal Analysis of Land Administration and Colonial Forestry." Journal of Politics and Law 16, no. 4 (October 3, 2023): 27. http://dx.doi.org/10.5539/jpl.v16n4p27.
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The land and forest administration system in Malaysia faces a complexity bias due to the misinterpretation of rules and legislation, leading to increased disputes. The reliance on British law for matters like land ownership amplifies this issue, and the intricacies of static and dynamic arrangements further compound the complexity. Previously, Malay rural land rights were based on usufructuary principles, but the colonial land alienation policy redefined unalienated land, land reserved for public purposes, and reserved forests as State Land. This study seeks to comprehensively review and analyse legal rules, cases, statutes, and regulations to understand ancient land law practices and the influence of British colonial land law on land administration. Conducted in Peninsular Malaysia, the study focuses on primary documents, cases, and critical analyses from three states: Perak, Penang, and Kelantan. The findings of the study highlight the contentious nature of land rights and autonomy in utilizing natural resources in Malaysia. The country inherits both formal and informal land tenure systems rooted in customary law, making dispute resolution challenging. The principal characteristic of ancient land law is based on a hypothetical model of the ancient customary land tenure system, encompassing different eras, missions, and principles. Significantly, the study reveals a direct and strong connection between colonial land law and current land law practices in the respective states. Additionally, Malaysia's land law has been influenced by Islamic law (Syariah) to some extent and blended with other ancient customary laws before the introduction of Torren in 1897.
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Septiana, Anis Ribcalia, and Ahmad Farouq Mulku Zahari. "THE EFFECTIVENESS OF THE FISHERMAN'S SPECIAL HOUSE PROGRAM IN KOLAKA UTARA DISTRICT." dia 21, no. 01 (June 3, 2023): 379–97. http://dx.doi.org/10.30996/dia.v21i01.8106.
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The purpose of this research is to find out how the Rumah Khusus Nelayan “RUSUS” (the Fishermen's Special House) is effective for the fishermen community, especially in Pitulua Village, Lasusua District, North Kolaka Regency. This program consumes a large budget, considering that most of the people in Pitulua Village are still classified as underprivileged and do not have their own place to live. RUSUS program has been a program of the Kementrian Pekerjaan Umum dan Perumahan Rakyat “PUPR” (The Ministry of Public Works and Public Housing). Nationally for the construction of special houses during this period, 9,833 units were carried out in 34 provinces in Indonesia (Ministry of Public Works RI Communication Bureau) in 2020. The Ministry of Public Works and Public Housing will allocate ABPN funds to the people of North Kolaka Regency who are work as a fisherman with the help of at least 50 units of fisherman's houses in 2017 all fishermen's houses have been realized and have been inhabited for 2 years. The current phenomenon, apart from the Covid 19 pandemic, is related to RUSUS construction program, which is still having problems, in this case of RUSUS, which should be intended for fishermen who are less affluent, but in reality there are still middle and upper class people like honorary; there are also those who use it as a temporary residence and the community does not work as a fisherman; RUSUS is owned by his parents, but only his son occupies the house and does not work as a fisherman; there are still many local people who are more entitled to get RUSUS; there are still fisherman communities who occupy houses that cannot be declared as property rights but are still in the status of usufructuary rights for 5 (five) years.
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Maydanyk, R., N. Popova, and N. Maydanyk. "EUROPEANIZATION AND RECODIFICATION. USUFRUCT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 119 (2021): 40. http://dx.doi.org/10.17721/1728-2195/2021/4.119-8.
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The article examines the features of usufruct in the European countries of Romano-Germanic law, determines the terms for the implementation in the Law of Ukraine of the best practice of usufruct in terms of Europeanization and Recodification. The peculiarities of usufruct in some countries of Romano-Germanic law, particularly in Germany, France, Poland, the Netherlands, Switzerland, Georgia, Moldova and Russia are studied. Usufruct, which is a flexible and universally recognized in the legal systems of Western Europe property right of personal possession for use, which is treated as an independent property right to another's property in the countries of Roman legal family or a kind of easement in the countries of German legal family, remains unknown to most countries – republics of the former Soviet Union. The law of Ukraine also does not provide for the institution of usufruct and regulates the relationship of long-term use of someone else's real estate through a number of limited property rights (emphyteusis, superficies, the right to economic management, the right to operational management) and obligational legal structures (usually land lease and property management). The authors came to the conclusion that it is necessary to introduce the institute of usufruct into the Ukrainian law by supplementing the Civil Code of Ukraine with a new chapter "Uzufruct", the framework provisions of which are proposed in this paper. In the law of Ukraine it is expedient to recognize usufruct as an independent, different from easement, real right of personal possession for use, which serves as a general provision on emphyteusis (the right to use someone else's land for agricultural purposes). In this regard, the provisions of Chapter 32 of the Civil Code of Ukraine on usufruct should be applied to relations under emphyteusis, unless otherwise provided by the provisions of the Central Committee on emphyteusis and does not follow from its essence. According to its purpose, the legal structure of the usufruct can perform any functions of personal possession for the use of another's property, which allows the use of this legal structure in any area of property use, regardless of whether the purpose is income or other socially useful result (charity, etc.). The absence of usufruct in the national law hinders the effective transformation of legal titles on a state and municipal property by waiving the right of economic management and the right of operative management in terms of recodification of the civil legislation, and does not promote formation of the full-fledged land market and its steady development in the terms of cancellation of the moratorium on sale of the agricultural lands, conducting commodity of agricultural production in Ukraine. Regarding the recodification and cancellation of the Commercial Code, usufruct is the most acceptable replacement of the right of economic management and the right of operative management. Along with long-term lease and property management, the usufruct is functionally similar to the right to economic management and the right to operational management. Unlike property management and lease, usufruct provides for paid or gratuitous use of property in the user's own interest (usufructuary), imperatively defined by law, the content of the rights of participants and a list of grounds for their termination under the rules of property rights.
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Oleksy-Piesik, Izabela. "Realizacja prawa do sądu w sprawach aktualizacji opłaty rocznej z tytułu użytkowania wieczystego jako spraw o charakterze cywilnym." Prawo w Działaniu 48 (2021): 213–27. http://dx.doi.org/10.32041/pwd.4808.
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Proceedings relating to adjustment of annual fees for perpetual usufruct of land, which are regulated in the Act of 21 August 1997 on Property Management, have a special nature. Although they concern a civil law phenomenon, that is, perpetual usufruct of land, the power to adjudicate in cases of this kind at the first, administrative, stage of proceedings was vested with local government board of appeals, that is, public administration authorities. It is an exceptional situation in administrative law. Moreover, even at the stage carried out by local government boards of appeals, the proceedings relating to fee adjustment do not have a purely administrative character, but display a mixed, civil and administrative character. This is proven, among other things, by the fact that the right to appeal the board’s decision is enjoyed not only by the perpetual usufructuary, but also the owner of the land. For these reasons, the legal construction of annual perpetual usufruct fee adjustment, as adopted in the Act on Property Management, gives rise to a number of doubts relating to its application. They appear both in the practice of local government boards of appeals and in the judgments of civil and administrative courts. The aim of the study is to show how the particularities of this procedure affect one of the fundamental rights of the individual, i.e. the right to a fair trial (before a competent court), and to determine whether the solutions provided by the law give sufficient guarantee of its fulfilment. The answers should be sought mainly in case law of administrative courts. In the author’s opinion, an analysis of this case law leads to the conclusion that a case concerning adjustment of the annual fee, despite the particularities of the proceedings, remains a civil case at every stage. This in turn leads to the conclusion that it is unjustified for the local government boards of appeal to issue decisions ending the proceedings in such matters in a formal manner, i.e. decisions of a purely administrative nature.
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Służewska, Zuzanna. "D. 7,4,29 A IN IURE CESSIO USUSFRUCTUS DOMINO PROPRIETATIS." Zeszyty Prawnicze 6, no. 2 (June 22, 2017): 57. http://dx.doi.org/10.21697/zp.2006.6.2.04.
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D. 7,4,29 and in iure cessio ususfructus domino proprietatisSummaryThe problem discussed in my article concerns the non-transferability of the usufruct right and a remedy for this non-transferibility that consisted in the possibility of selling or hiring the usufruct to third parties. The usufruct as being servitus personarum was strictly attached to the person of usufructuary and could not be validly transferred to third parties. In iure cessio ususfructus could be done exclusively toward the bare owner, inwhich case the right of usufruct was extinguished through consolidationwith the property right, but not in favor of the third parties (Gai. 2,30; D. 23,3,66; I. 2,4,3). Nevertheless usufructuary could dispose his right on the contractual level and grant the enjoyment of the usufruct to otherpersons on the basis of the contract of sale or hire or donation orprecarium (such a contract could be validly stipulated until the death ofusufructuary in which moment the usufruct right was always extinguishedthrough the consolidation with the property right).In all cases mentioned above the usufructuary retained his right which was not extinguished by non usus since it was possible to recognize a purchaser, a hirer, a donee and any other person authorized by usufructuary as exercising this right in the name of the usufructuary. Even though that person who was enjoying the right of usufruct subsequently sold or hired it to another person the right of usufruct did not extinguish because any other person to whom a person authorized by usufructuary granted the enjoyment of the usufruct was still exercising this right in the name of the actual usufructuary.The particular case of such contract made by the usufructuary was analyzed by Pomponius in D. 7,4,29pr.-1: the owner of the land has rented it from the usufructuary and then sold it without reserving the right of usufruct. In this case, even though the vendor pays the rent to the usufructuary (the bare owner is liable to the usufructuary for quanti interfuit) the righ of usufruct is lost because the purchaser would have held the land in his own name, not that of the usufructuary. Similarly in case in which the bare owner purchased the usufruct from the usufructuary and then sold it to another person, the usufructuary lost his right since the buyer could not be deemed recognized as exercising this right in the name of the usufructuary.We can thus note that the effects of selling or hiring the usufruct to the bare owner were in fact very close to the effect of in iure cessio ususfructus domino proprietatis - the usufructuary lost his right and the bare owner could dispose his property without any limitations. The formal difference concerned the moment in which the right of usufruct was extinguished. In case of in iure cessio ususfructus domino proprietatis it was extinguished through the consolidation with the property in the moment in which the usufructuary ceased his right toward the bare owner. In case of selling or hiring this right to the bare owner, theoretically the usufructuary retained his usufruct until this owner dispose his property to third person in his own name (without reserving the existing usufruct), but in fact since the moment he sold or hired his right to the owner he lost the possibility of exercising his right and the owner could dispose his property as if it was not limited by any existing servitude. Such a solution did not cause any damage to the usufructuary (in both cases he was paid by the owner an economical value of his right) and at the same time it became possible to avoid the maintaining of limitations of one’s property and to protect the person who bought the thing from the owner without being informed ofthe existence of any servitude.
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Bitca, Ion. "The assignment of the right of usufruct." Vector European, no. 2 (November 2021): 5–7. http://dx.doi.org/10.52507/2345-1106.2021-2.01.
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Usually the right of usufruct is constituted in the consideration of the identity of the person of the usufructuary, being a personal intuition contract. The rule that follows from the provisions of the Civil Code regarding the transfer by the usufructuary of the usufruct right constituted in his favor is that of its inalienability. By way of exception, it is possible for the usufructuary to assign the right to a third party but only if the following conditions are met: this possibility was provided for in the incorporation contra
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Arianto, Eri, and Andri Andri. "Peranan Jaksa Pengacara Negara Dalam Penyelesaian Sengketa Perdata Nomor 10/Pdt.G/2017/Pn.Slk." Jurnal Sarak Mangato Adat Mamakai 5, no. 2 (September 30, 2020): 9–18. http://dx.doi.org/10.36665/sarmada.v5i1.143.
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The duties and authorities of the prosecutor in the criminal field are regulated in Article 30 paragraph 1 of the Prosecutor's Law. Then the prosecutor's authority in the civil sector is regulated in Article 30 paragraph 2 of the Prosecutor's Law which is a civil relationship between members of the public which is usually based on an agreement, the prosecutor can play a role in civil cases if the State or government becomes one of the parties and the prosecutor is given the power to representing the state, hereinafter referred to as the state attorney. UUPA regulates land registration which aims to provide legal certainty. Provisions regarding the obligation for the government to carry out land registration throughout the territory of the Republic of Indonesia are regulated in Article 19 of the LoGA. To implement the provisions of the LoGA, the Government has issued Government Regulation Number 24 of 1997 concerning Land Registration. Problems regarding land registration often occur on ulayat land due to the absence of legal certainty over the ulayat land. One of the customary land disputes regarding ownership of land occurred in the Koto Panjang of Solok City, namely between the mamak head of the inheritance of the people and the local government of Solok City, namely regarding the land used as the office of the village head of Koto Long, said the head of the inheritance in her lawsuit against the local government of Solok City that the land belongs to her people but has only been certified by the local government with a usufructuary certificate. The local government of Solok City also explained that the land belongs to the Solok City government because the certificate of use rights owned by the government has been running for approximately 17 years. Solok for handling legal problems in the civil sector carried out by the State Attorney.
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Nah, Alice M. "Recognizing indigenous identity in postcolonial Malaysian law: Rights and realities for the Orang Asli (aborigines) of Peninsular Malaysia." Bijdragen tot de taal-, land- en volkenkunde / Journal of the Humanities and Social Sciences of Southeast Asia 164, no. 2 (2008): 212–37. http://dx.doi.org/10.1163/22134379-90003657.
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In Southeast Asia, the birth of postcolonial states in the aftermath of the Second World War marked a watershed in political relations between ethnic groups residing within emerging geo-political borders. Plurality and difference were defining characteristics of the social landscape in these nascent states. Colonial laws and policies that divided groups and territories for efficient control influenced the relations between linguistically and culturally distinct groups. The transfer of power to ‘natives’ during decolonization often resulted in indigenous minorities being sidelined politically and legally. Indigenous minorities in Southeast Asia continue to negotiate for more equitable inclusion in contemporary postcolonial states. In some cases, such as in Myanmar, Thailand, Indonesia and the Philippines, these have escalated into separatist movements. Other indigenous minorities however, struggle for the recognition of their identity and rights through – rather than apart from – existing state mechanisms of power, for example by lobbying for changes in existing laws and bringing cases to court. The struggle for recognition of the legal rights of indigenous minorities began, however, before the process of decolonization; colonial powers contended with politically dominant indigenous majorities as they tried to exert influence over territories, and this had impacts on indigenous minorities. The British method of colonization, in particular, which sought to attain ‘indirect rule’ without using military conquest, required the identification and recognition of native structures of power. British administrators exerted influence through the ‘invitation’ of local rulers, which meant that domestic laws and administrative policies were developed as a result of negotiation rather than through direct imposition of English laws and policies. As a result, the legal structures put in place during decolonization meant that some recognition of indigenous customary practices was already incorporated, albeit for certain indigenous groups and not for others. In order to recognize and protect the ‘special rights’ of indigenous persons, it became vital to define the legal identity of individuals. It was necessary for British administrators to determine which groups were ‘indigenous’, what specific criteria were required for demonstrating membership of these groups, and when disputes occurred, to determine which individuals possessed a legitimate claim of belonging. They also had to decide if the rights and privileges were accorded on a group or individual basis. These decisions are neither ahistorical nor apolitical. In this paper, I examine the contemporary case of the Orang Asli, the minority indigenous peoples of the Malay Peninsula. I begin by providing an outline of political developments that have resulted in the legal recognition of three groups of people as having indigenous status. I also review the evolution of the Malaysian legal system in order to provide a context for subsequent discussion. I then look at how Orang Asli are recognized in the Federal Constitution and in statutes, with reference to case law, as the meaning and weight of these written laws were elaborated in court judgements. I then look at three court cases, reviewing the right to engage in commercial activities in aboriginal places as decided in the Koperasi Kijang Mas Bhd & Ors v. Kerajaan Negeri Perak & Ors (1991), hereafter referred to as the Koperasi Kijang Mas case; the recognition of native title and usufructuary rights as recognized in Adong Kuwau & Ors v. Kerajaan Negeri Johor & Anor (1997), hereafter referred to as the Adong Kuwau case, a judgement upheld in the Court of Appeal (Kerajaan Negeri Johor & Anor v. Adong Kuwau & Ors (1998) and the Federal Court;2 as well as proprietary rights in and to the land which were recognized in the Sagong Tasi & Ors v. Kerajaan Negeri Selangor & Ors (2002) ruling, hereafter referred to as the Sagong Tasi case, upheld in the Court of Appeal (see Kerajaan Negeri Selangor & Ors v. Sagong Bin Tasi & Ors (2005) but currently under appeal in the Federal Court. These cases demonstrate how Orang Asli have drawn on international legal frameworks to claim special privileges in ways not possible for other Malaysians, on the basis of their identity.
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Chun, Kyoung-Un. "The Transfer and Succession of Usufructuary Real Right." Kyung Hee Law Journal 51, no. 3 (September 30, 2016): 209–39. http://dx.doi.org/10.15539/khlj.51.3.7.
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Avrillia Wulandari Putri Supriyadi, Ifa Hanifah Senjiati, and Arif Rijal Anshori. "Tinjauan Akad Ijarah terhadap Wanprestasi Sewa Menyewa Indekost pada Masa Pandemi Covid-19." Jurnal Riset Ekonomi Syariah 1, no. 2 (December 23, 2021): 83–88. http://dx.doi.org/10.29313/jres.v1i2.440.
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Abstract. Ijarah contract is a contract of transfer of usufructuary rights over an item or service through payment of rental wages, without being followed by a transfer of ownership of the goods themselves. One example of an ijarah contract is renting a boarding house, but in its implementation there are unexpected problems that result in termination or cancellation of the agreement. This study aims to find out how the ijarah contract reviews will be rented out in boarding houses in Jayaraga Village, Tarogong Kidul District, Garut Regency during the Covid 19 Pandemic.The research method used is field research with descriptive qualitative research and the sample in this study is the boarding house room located in Jayaraga Village, Tarogong Kidul District, Garut Regency. The data sources used are primary data and secondary data. Data collection techniques used are interviews, direct observation and documentation. The results of the study show that if the ijarah agreement is carried out in renting a boarding house room, it has fulfilled the pillars and conditions of the Ijarah contract, and violations that occur in the ijarah contract must be resolved by both parties without harming either party.
Abstrak. Akad ijarah merupakan akad pemindahan hak guna atas suatu barang atau jasa melalui pembayaran upah sewa, tanpa diikuti dengan pemindahan kepemilikan atas barang itu sendiri. Salah satu contoh dari akad ijarah adalah sewa menyewa kamar indekos, akan tetapi dalam pelaksanaaannya terdapat permasalahan diluar dugaan yang mengakibatkan adanya pemutusan atau pembatalan perjanjian. Penelitian ini bertujuan untuk mengetahui bagaimana tinjauan akad ijarah terhadap akan sewa-menyewa kamar indekos di Desa Jayaraga Kecamatan Tarogong Kidul Kabupaten Garut pada saat masa Pandemi Covid 19. Metode penelitian yang digunakan adalah penelitian lapangan dengan jenis penelitian kualitatif deskriptif dan sampel dalam penelitian ini yaitu kamar Indekos yang berada di Desa Jayaraga Kecamatan Tarogong Kidul Kabupaten Garut. Sumber data yang dugunakan merupakan data primer dan data sekunder. Teknik pengumpulan data yang digunakan adalah wawancara, observasi langsung dan dokumnetasi. Hasil penelitian menunjukan jika Akad ijarah yang dilakukan dalam sewa menyewa kamar indekos sudah memenuhi rukun dan syarat Akad Ijarah, dan pelanggaran yang terjadi dalam akad ijarah harus diselesaikan oleh kedua belah pihak tanpa merugikan salah satu pihak.
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Hellwege, Phillip. "Enforcing the liferenter's obligation to repair: Roman law, ' ius commune ' and Scots law." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 79, no. 1 (2011): 81–119. http://dx.doi.org/10.1163/157181911x563066.
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AbstractA liferenter has the right to use the fiar's property. Furthermore, he has the right to possession. Only after the termination of the liferent, the fiar can take up the possession and the use of the property himself. In the meantime, the fiar will want the liferenter to maintain the property, e.g., to carry out repairs. In Roman law, the liferenter was first only under an enforceable obligation to repair if he had rendered the cautio usufructuaria. However, in the further development of Roman law an actio in factum emerged in order to enforce the liferenter's duty to repair even if no cautio usufructuaria had been given. The exact point of time when this actio was developed is unclear. It is suggested that it emerged towards the end of the era of classical Roman law. During the time of the ius commune it was uncontested that the liferenter's duty to repair was enforceable even if no cautio usufructuaria had been given. As a consequence the liferenter did not have to nd caution in every case but only if the liferenter's conduct gave rise to fear a material infringement of the fiar's rights. The cause to revisit the question of the enforceability of the liferenter's duty to repair in its historical development is a decision of the Scottish Court of Session in 2002.
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Brzozowski, Adam. "Z PROBLEMATYKI PRZEKSZTAŁCENIA PRAWA UŻYTKOWANIA WIECZYSTEGO W PRAWO WŁASNOŚCI." Zeszyty Prawnicze 3, no. 2 (May 10, 2017): 63. http://dx.doi.org/10.21697/zp.2003.3.2.04.
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From the Problems of a Transformation from Perpetual Usufruct to Property RightSummaryAn analysis of a normative state and a practice of a conduct of legal transactions with reference to legal regulations of perpetual usufruct and also of a transformation of this right into property right permits a statement that in Polish Law there came into being a system of norms completely unintelligible, excessively complicated, internally contradictory, bureaucratic and too costly for the national budget, local governments and perpetual usufructuaries. The primary cause of the status quo was the lack of a clearly defined objective at which the legislator was aiming. Expediency was implemented at the expense of system principles. It led to interventions of the Constitutional Tribunal. The legislator hedged, made successive provisions not only internally contradictory but also arousing new doubts as to their compliance with the Constitution of the Republic of Poland.It seems that the only rational solution of the status quo is to forego the right of perpetual usufruct by enfranchising perpetual usufructuaries. However, it has to be a regulation based on foundations completely different than these hitherto existing.The transformation should cover all perpetual usufructuaries, regardless of the mode and the time of their acquisition of this right, and should ensue ex lege. This would result in a significant simplification of a construction of the transformation. Given a tremendous interest of perpetual usufructuaries in the transformation, it would significantly reduce the amount of office labour and attendant costs incurred by them. At the same time affranchisement would become universal. Further simplification and lowering costs of transformation would require that entries in mortgage registers should be evidenced ex officio at the time of the first transaction relating to a given mortgage register. Since affranchisement in a discussed mode would cover all perpetual usufructuaries ex lege, it would be obvious that persons evidenced in a register as perpetual usufructuaries are property owners until a new entry is made.There should be no exception from the basic principle of universality of affranchisement of perpetual usufructuaries. It has to be assumed that land charged with perpetual usufruct has not been indispensable for the hitherto existing owner (the State Treasury, local government units) in order to perform their basic tasks. In special cases these units may employ an expropriation.The most difficult problem of the hitherto existing regulations faced has been the question of compensation due to hitherto owners from the fact of a loss of ownership as a result of a transformation. I propose to regulate these settlements in such a way that an enfranchised perpetual usufructuary should be charged with such performances as he was charged with hitherto as a perpetual usufructuary. In other words: he would be charged with an obligation to pay annuity during a period for which he has been granted, the right to perpetual usufruct, transformed into property right. In exchange for a performance, which in any case he would have to provide as per agreement, the former perpetual usufructuary would obtain a better right - property right. According to the proposition under discussion, the regulation would have a system character, in a long-term it would allow to effect such a reform of public finances that hitherto existing owners could perform their assigned tasks financing them from performances of a tribute type, and not from perpetual usufruct. One would have to consider the advisability of maintaining in force the principles of determining an amount of an annuity. It seems that instead of the current system (expensive and inefficient) there should be introduced a principle of a yearly raising of annuity according to a rate of inflation.It’s common knowledge that appreciable part of immovables of the State Treasury and municipal immovables originate from different kinds of „expropriations” carried out in the period of PRL [People’s Republic of Poland]. To secure claims of former owners I propose to create a special fund, meant for indemnities satisfying these claims, from obligatory written off amounts gained from receipts from former perpetual usufructuaries.
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Horii, Satoe. "Pre-emption and Private Land Ownership in Modern Egypt: No Revival of Islamic Legal Tradition." Islamic Law and Society 18, no. 2 (2011): 177–218. http://dx.doi.org/10.1163/156851910x537766.
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AbstractThis essay examines “Islamic” influence on modern law, with special reference to the introduction of pre-emption (shuf'a), ostensibly of Islamic origin, into modern Egyptian legislation. In Egypt, the institution was maintained, not as part of the Islamization of laws, but for practical purposes, namely the “establishment of full landownership,” which led to the creation of new forms of pre-emption. The Pre-emption Laws of 1900-01 assigned the right of pre-emption to the “usufructuary” and the bare owner, probably as part of the late nineteenth-century policy of transferring state landownership to individuals defined in official law as “usufructuaries.” With the disappearance of state landownership as its theoretical basis, this type of pre-emption was reinterpreted by jurists in general terms of the establishment of landownership. The New Civil Code of 1949 assigned the right of pre-emption to both parties to a long lease (hikr), as an indirect attack on the family waqf.
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Chen, Qiang. "Application of Bankruptcy System of Rural Collective Economic Organizations." Frontiers in Humanities and Social Sciences 3, no. 1 (January 30, 2023): 1–7. http://dx.doi.org/10.54691/fhss.v3i1.3464.
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The Civil Code has established the special legal person civil subject status of rural collective economic organizations. Under the dual drive of reform and legislation, rural collective economic organizations are evolving towards market subjects, and the withdrawal mechanism of rural collective economic organizations should be constructed. The application of the bankruptcy system is an inevitable choice under the background of reaffirming the economic functions of rural collective economic organizations, and also meets the practical needs of rural collective economic organizations as special legal persons to withdraw from the market in an orderly manner. When applying the bankruptcy system, the conditions and subject of bankruptcy application of rural collective economic organizations should be clarified; Determine the responsible property, including but not limited to the usufructuary right used by members to exchange capital contributions for shares, and grant members the right to repurchase capital contributions; We will establish a simple bankruptcy procedure, a bankruptcy prevention system, a bankruptcy reorganization system and other supporting systems.
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Kaszubowski, Krzysztof. "Notice of adjustment of the annual fee for perpetual usufruct of real property." Nieruchomości@ IV, no. IV (December 31, 2021): 49–76. http://dx.doi.org/10.5604/01.3001.0015.5419.
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The title to perpetual usufruct is regulated under Articles 232 to 243 of the Civil Code and in the Act of 21 August 1997 on Real Property Management. One of the characteristic features of this right is the obligation, on the part of the perpetual usufructuary, to pay an annual fee. The Act on Real Property Management prescribes that this fee may be updated by the competent public administration body acting on behalf of the real property owner. An analysis of provisions regulating the proceedings initiated by the filing of the notice of adjustment of the existing fee leads to the conclusion that the regulation in question is neither precise, nor clear. An additional difficulty lies in non-specification of legal consequences for a defective adjustment of the existing fee. This article puts forward a proposal for a solution to the most important practical difficulties associated with adjustment of the existing annual fee for perpetual usufruct.
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Benincasa, Zuzanna. "‘SI VIVARIIS INCLUSAE FERAE’… STATUS PRAWNY DZIKICH ZWIERZĄT ŻYJĄCYCH W ‘VIVARIA’ I PARKACH MYŚLIWSKICH W PRAWIE RZYMSKIM." Zeszyty Prawnicze 13, no. 4 (December 11, 2016): 5. http://dx.doi.org/10.21697/zp.2013.13.4.01.
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‘SI VIVARIIS INCLUSAE FERAE’: THE STATUS IN ROMAN LAW OF WILD ANIMALS KEPT IN ‘VIVARIA’ AND GAME PARKSSummary The paper discusses the legal questions concerning the keeping and rearing of wild animals in game reserves and game parks (vivaria) by Roman landowners. According to the fundamental principle of ius gentium a wild animal was no-one’s property (res nullius) and could be captured by anyone, who then became its owner, regardless of whether the animal was captured on their own or another person’s property. Property owners who established enclosed game reserves near their villas for wild animals such as boars, deer, birds and fish held the exclusive right to hunt the animals on their reserve and enjoy the profit from them, as the animals confined on their property were considered theirs by law. Originally vivaria were small and catered mainly for the needs of the family. As Roman society became more and more affluent vivaria were transformed into large reserves where landowners kept and bred various species of domestic and exotic animals, not only for profit from selling them in the market but also for their own pleasure and to manifest their social status (delectationis causa). Since hunting became a noble sport among upper-class Romans, even huge forest areas were enclosed (therotrophium). According to the literary evidence, by the late Republic profit from vivaria had become a considerable source of revenue for landowners, so Roman jurisprudence had to take the phenomenon into consideration in discussions of various issues related to land management. Roman jurists focused first of all on who owned animals kept in game reserves and game parks: as Paul observed in D. 41,2,3,14 only animals which had been captured and enclosed in a vivarium by the landowner were considered his property, while animals living in the wild (in silvis circumseptis) were still no-one’s property. The other question raised by Roman jurists concerned the usufruct of a vivarium i.e. the way in which the usufructuary could farm the profit and benefits accruing from a game reserve (num exercere eas fructuarius possit, occidere non possit). This problem was resolved by applying an analogical principle to the usufruct of vivaria as for the usufruct of a herd of domestic animals (grex). This solution resolved disputes over who owned a single animal enclosed in a vivarium, and also gave the usufructuary a discretional right to enjoy of a vivarium, while at the same time not putting its owner at risk. The other issue discussed by Roman jurists in the context of game reserves and game parks was whether wild animals and the profit accruing from hunting them should be deemed a fructus fundi.
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Bieluk, Jerzy. "ZBYCIE AKCJI LUB UDZIAŁÓW W SPÓŁKACH BĘDĄCYCH WŁAŚCICIELAMI NIERUCHOMOŚCI ROLNYCH – WYBRANE PROBLEMY." Studia Iuridica, no. 87 (October 12, 2021): 9–21. http://dx.doi.org/10.31338/2544-3135.si.2020-87.1.
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Pursuant to Article 3a sec. 1 of the Act of 11th of April 2003 on Shaping the Agricultural System, the National Support Centre for Agriculture, acting on behalf of the State Treasury, has the right of pre-emption of shares in a commercial company within the meaning of the Act of 15th of September 2000, Code of Commercial Companies, if such a company is an owner or a perpetual usufructuary of either agricultural property with an area of at least 5 ha or agricultural properties with a total area of at least 5 ha. NSCA is not notified about its right of pre-emption by the shareholder but by the company whose shares are the subject of the conditional sale agreement. At the same time, the act imposes several obligations on the company’s management board related to the preparation of documents attached to the notification, the most far-reaching of which is the submission, under pain of criminal liability, of a statement on the amount of contingent liabilities of the company. The statutory regulation overburdens the company’s management board with the obligations related to the preparation of the notification and makes the trading of shares in commercial companies, owning or being perpetual usufructors of agricultural property, dependent on the actions of their management board. The management board may block the sale of shares. Such a concept is incomprehensible, illogical, and requires immediate modification.
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Ahen. "Making Resource Democracy Radically Meaningful for Stakeowners: Our World, Our Rules?" Sustainability 11, no. 19 (September 20, 2019): 5150. http://dx.doi.org/10.3390/su11195150.
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This paper has a three-fold purpose: to challenge the current conceptualization of firm-stakeholder engagement, to popularize ‘allemansrätten’, the Scandinavian social innovation tradition for environmental value creation and environmental governance for ensuring ecological balance, and to introduce the concept of usufructual rights and the tutelage of natural resources for promoting human dignity. We underscore the deficiencies in the current stakeholder paradigm by pinpointing the specific essential catalysts that move the stakeholder theory to a new paradigm of a universal stakeownership. This is a quest to ensure the preservation and sustainability of natural resources and life support systems within specific institutional orders. We employ an adaptive research approach based on the Finnish/Nordic ecological case with a focus on the concept of ‘everyman’s right’: Everyone has the freedom to enjoy Finland’s/Scandinavia’s forests and lakes but with that also comes everyman’s responsibility to preserve the country’s nature for future generations. We argue that uncritically valorizing the universalized position of the current understanding of stakeholdership, with its flourish of contradictory and inaccurate characterization of global sustainability, retroactively aborts our ecological ideals from the uterus of preferred futures at the expense of humanity as a whole for the benefit of a few speculators and profiteers. Thus, we are woven into an ecological and economic tapestry whose present and future the current generation is accountable for in the era of universal stakeownership for a crucial evolutionary adaptation. This, however, cannot come about without fundamentally ‘democratizing’ resource democracy from the grassroots and questioning the global power structure that decides on the distributive effects of resources.