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1
Scott, Shirley. "The Australian High Court's Use of the Western Sahara Case in Mabo." International and Comparative Law Quarterly 45, no. 4 (October 1996): 923–27. http://dx.doi.org/10.1017/s0020589300059777.
Повний текст джерелаАнотація:
Recent cases before the High Court of Australia have raised the question as to the appropriate degree to which international law should influence Australian law and politics.1 Crucial to the reasoning in the leading judgment of the landmark 1992 Mabo case,2 by which the Australian judiciary recognised for the first time a native title to land, was the finding that Australia had not been terra nullius at the time of colonisation. The leading judgment accepted the categorisation of Australia as a settled colony which had been established by the Privy Council in Cooper v. Stuart.3 In this judgment Lord Watson had held that Australia, as a “settled” colony, had received transplanted British law “except where explicitly changed or considered irrelevant”.4 This had given rise to the assumption, confirmed by Milurrpum v. Nabalco Ltd (the Gove Land Rights case of 1971) that, since no legal rights to land of indigenous people existed in British law and none had been explicitly acknowledged in relation to Australia, no basis existed for their later recognition.5 The leading judgment in Mabo went on to declare, however, that the notion that British law had been transplanted into a settled colony had been based on the assumption that the “indigenous people of a settled colony were … without laws, without a sovereign and primitive in their social organisation”.6 Since “the facts as we know them today” do not “fit this theory” the leading judgment asserted there to be “no warrant for applying in these times rules of the English common law which were a product of that theory”.7
2
Allegranti, Ivan. "‘The Right to Remain and Produce in your Homeland’ in Light of Article 8 of the European Convention on Human Rights, The European Court of Human Rights Case Law and the Italian Constitution." Athens Journal of Law 8, no. 3 (June 30, 2022): 349–60. http://dx.doi.org/10.30958/ajl.8-3-7.
Повний текст джерелаАнотація:
The multi-level protection offered to the right to property is an element of the current Italian and European legal system. Reading Article 8 (respect to private and family life) and Article 1, paragraph 1 (property protection) of the European Convention on Human Rights (hereinafter ECHR) it is possible to state that the protection of someone’s property has gone beyond the physical object. This interpretation, which derives from an approach which underlines the social function of property, has been strengthened by the ECHR that, during the last 20 years, has extended the concept of property. Thanks to it, it is possible to affirm the existence of a right to remain in one’s own land before, during and after an emergency, caused by a natural, health or man-made disaster. Also, trough the reading of Articles 41, 42 and 44 of the Italian Constitution it is possible to affirm the existence of this right within the Italian Fundamental Charter. In light of the above evolutions of the jurisprudence and of the interpretation of the concept of property within the Italian Constitution, this article analyses how this principle may apply also to people affected by natural hazards. Keywords: Property right; Right to remain in your homeland; Italian constitution; Natural disasters; European Court of Human Rights; Court of Justice of the European Union; European Convention Human Rights
3
Christanto, Daniel Yudi, and Anis Mashdurohatun. "Multiple Land Rights Certificate Case Settlement Review of Land Registration." Sultan Agung Notary Law Review 2, no. 2 (October 7, 2020): 124. http://dx.doi.org/10.30659/sanlar.2.2.124-134.
Повний текст джерелаАнотація:
The research objective is to know and analyze completion of Multiple Land Rights Certificate in Banyumas Regency. To find out and analyze problems in resolving the case of double certified land rights in Banyumas Regency, and To find out and analyze solution against Settlement of double certified land rights cases in Banyumas Regency.This research is a qualitative research with a normative juridical approach. Based on the results of research and discussion it can be seen that "Double Land Rights Certificate Completion in Banyumas Regency”. There are two ways of resolution, namely through the mediation process at the National Land Agency (BPN) to find a solution or win-win solution, but if there is no way out through the mediation process, the settlement is carried out through the litigation process or settlement of cases in court. Constraints in resolving cases of double certified land rights in Banyumas Regency. Due to the change of the Village Head, the new Village Head who does not know that the land already has a certificate will issue a certificate sporadically based on the community's request to issue the land certificate. The problem with the National Land Agency (BPN) is that there are elements who easily issue land certificates due to various factors such as errors in issuing land certificates, both types of certificates of land ownership rights, rights to building and rights to business. Solution against settlement of double certified land rights cases by providing legal protection to the legal owner, such as case No. 26/G/2014/P.TUN.Mks and case Number 30/Pdt.G/2018/PN Pwt, namely that the Plaintiff has received protection in accordance with the applicable law, even though it has to go through a fairly long and time-consuming judicial process, because the land owner controls the land on the basis of legal and strong rights obtained in good faith, it must be protected by law.
4
Allard, Christina. "Sami Land Rights." European Yearbook of Minority Issues Online 19, no. 1 (June 29, 2022): 221–38. http://dx.doi.org/10.1163/22116117_011.
Повний текст джерелаАнотація:
Abstract The Indigenous Sami people traditionally live in what is now Sweden, Norway, Finland, and Russia. A crucial matter for Indigenous peoples, including the Sami living in Sweden, is that of the recognition of their land rights and access to their traditional lands. This article’s aim is to present and analyse recent case law developments in Sweden that relate to the recognition and protection of Sami land rights, specifically the Girjas and Talma cases, through legal-scientific and textual analyses and relevant legal literature. Both cases concern Sami reindeer herding rights in Sweden and the Swedish state as defendant. These cases raise complex legal issues and historical circumstances, demonstrating the need for the Swedish state to treat Sami land rights as equal to other civil rights in Swedish society, in line with international human rights law.
5
Putra, Andika, Ismansyah Ismansyah, and Yulfasni Yulfasni. "Legal Protection to Creditors and Debtors in the Case of Withheld Fiducia Guarantee Object as Evidence of Criminal Case." International Journal of Multicultural and Multireligious Understanding 6, no. 5 (October 12, 2019): 163. http://dx.doi.org/10.18415/ijmmu.v6i5.1089.
Повний текст джерелаАнотація:
Land is a very important means to carry out development, and the problem of land acquisition for these needs is not easy to solve because with the increasing development of land demand is also increasing while the land supply is very limited. Regarding the existence and function of land, there is a legal relationship between humans with land, including the act of transferring rights and release of land rights, in order to provide legal certainty for the act referred to, it is necessary to set forth in the form of a deed made before a Notary or before the District Head or before the Head of the National Land Agency. But today, the public is more entrusted to make this SPPHT before a Notary Public in order to ensure legal certainty, and also the Land Agency has suggested making a transitional deed through a Notary Deed to be more efficient. The method used is empirical juridical research. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out and analyze how the process of releasing land rights for development through a notarial deed in the city of Padang. The results showed that 1) the release of rights before the Notary Public through the Signing of the Deed of Relinquishment of Land Rights which first checked all the requirements by the Notary, then the deed is perfectly signed into an authentic deed and guarantees legal certainty. 2) The process of land registration is based on the deed of release of rights made by a Notary in the City of Padang by submitting an application along with the Deed of Relinquishment of Land Rights and other requirements, then reviewing the field and issuing maps by the Land Agency.
6
May, John D'Arcy. "Human Rights as Land Rights in the Pacific." Pacifica: Australasian Theological Studies 6, no. 1 (February 1993): 61–80. http://dx.doi.org/10.1177/1030570x9300600104.
Повний текст джерелаАнотація:
Do human rights in their conventional, Western understanding really meet the needs of Pacific peoples? This article argues that land rights are a better clue to those needs. In Aboriginal Australia, Fiji, West Papua and Papua New Guinea, case studies show that people's relationship to land is religious and implicitly theological. The article therefore suggests that rights to land need to be supplemented by rights of the land extending to the earth as the home of the one human community and nature as the matrix of all life.
7
Beyers, Christiaan. "Land Restitution's ‘Rights Communities’: The District Six Case*." Journal of Southern African Studies 33, no. 2 (June 2007): 267–85. http://dx.doi.org/10.1080/03057070701292582.
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8
Coldham, Simon. "Land Reform and Customary Rights: The Case of Uganda." Journal of African Law 44, no. 1 (2000): 65–77. http://dx.doi.org/10.1017/s0021855300012043.
Повний текст джерелаАнотація:
This article examines the Ugandan Land Act, 1998, which seeks to transform land relations throughout the country both by settling once and for all the vexed question as to the relative rights of “owners” and “tenants” of mailo land, and by providing procedures whereby persons may apply either for certificates of customary ownership or for freehold titles to their land. While the Act recognizes that in some areas it may be more appropriate for land to be held communally, it is the long-term aim that most land should be held on individual freehold title. However, the negotiability of such a title is undermined by a variety of provisions designed to protect customary rights.
9
Wulandari, Suhani. "Indicators Of Land Rights Certificate Cancellation Caused By Overlapping Rights As Administration Failure." Administrative and Environmental Law Review 1, no. 2 (December 23, 2020): 113. http://dx.doi.org/10.25041/aelr.v1i2.2149.
Повний текст джерелаАнотація:
Land registration which aims to provide legal certainty for the ownership of a person's land parcel, which is in the form of a certificate of land title, in the issuance of which there may be errors resulting in two certificates or overlapping so that one certificate can be ascertained that it contains administrative defects, in handling the dispute case settlement refers to the Regulation of the Minister of ATR/KaBPN Number 11 of 2016 article 24 paragraph (7).This study aims to determine, land title certificate can be said to be administratively flawed, Implementation of cancellation of land title certificate due to administrative defect errors at the Regional Office of BPN Lampung Province and the Land Office. This research uses empirical normative juridical research method. The research approach uses a statutory, analytical and participatory approach. Data analysis uses primary and secondary data to draw conclusions using inductive logic. The results show that in order to resolve dispute cases with an overlapping typology of land title certificates, it is necessary to cancel one of the certificates issued in the latest year, because it can be ascertained that it contains errors in its issuance so that it becomes an administrative defect. And tthe cancellation of the certificate of land title is carried out on the basis of a public complaint or BPN initiative, with a request submitted by the Land Office, the Land Office carries out data collection activities, analysis accompanied by Case Handling Progress Report to be submitted to the Regional Office, at the Regional Office Assessment, Field Research, Exposure, Case Settlement Reports and the issuance of a Decree on the Cancellation are then submitted to the Land Office for announcement and deletion in the Land Office data base.
10
Puteri, Anindya Prasasya. "Legal Consequences Of Blocking The Certificate Of Land Rights (Case Study At Sidoarjo District Land Office)." LIGAHUKUM 1, no. 2 (January 31, 2021): 192–200. http://dx.doi.org/10.33005/ligahukum.v1i2.15.
Повний текст джерелаАнотація:
Blocking a certificate of land rights carried out by the Land Office or BPN is a form of legal effort to protect the object of land rights by establishing a temporary freeze on land rights to legal actions and legal events on the land. The applicant blocking a certificate of land rights filed a request to block his land object at the Sidoarjo Regency Land Office due to several factors that influence the applicant to block the certificate or in accordance with his legal interests. The purpose of this study is to determine the legal consequences of blocking on land title certificates at the Sidoarjo Regency Land Office and to determine considerations for the Sidoarjo Regency Land Office in accepting and rejecting applications for blocking land certificates. This research uses an empirical juridical approach research method using data collection techniques such as from books, scientific journals, news articles, official documents, legislation, and interviews to solve the problem formulation. Data analysis method used is a qualitative research method of primary and secondary data. The results of the study can be concluded that due to the blocking of certificates of land rights at the Sidoarjo Regency Land Office is not able to take legal actions such as the transfer of rights or the imposition of rights to the object of land that is temporary. In addition, blocking is done as a form of prevention so that certificates of land rights are not abused by parties with bad intentions. Consideration of a request for a certificate block can be accepted on the grounds of a court suit due to a land dispute, an order from the court for investigation in the criminal domain, an illegal act, and a lost land certificate. An application can be rejected due to unclear reasons and the applicant has no legal interest or relationship.
11
Aritonang, Juniaty D., Hidayat, and Fikarwin Zuska. "Land conflict resolution: Case study in Sarirejo Village." Indonesian Journal of Social Science Research 2, no. 2 (December 31, 2021): 119–27. http://dx.doi.org/10.11594/10.11594/ijssr.02.02.09.
Повний текст джерелаАнотація:
This study aims to describe the factors that cause land conflicts between the community and the Air Force in the Indonesian Air Force in Suwondo and the strategies that the community uses in demanding their land rights. The author chose a qualitative approach with the ethnographic method to understand more deeply what is behind an event that took the process, causes and conflict resolution. The results showed that the factor causing the conflict was the claim of each party to the land. Conflict resolution efforts are carried out by the community to obtain land rights through non-litigation advocacy processes and litigation advocacy. The results of these two strategies were able to encourage the government to restore community rights to their land even though it had to go through a long struggle. In July 2020 the government issued a policy to move the Sowondo Base to Langkat Regency.
12
Bae, Yuh Jin. "Analyzing the Connection between Customary Land Rights and Land Grabbing: A Case Study of Zambia." Land 12, no. 1 (January 7, 2023): 200. http://dx.doi.org/10.3390/land12010200.
Повний текст джерелаАнотація:
Since the global crises in the 2000s, many foreign and domestic actors have acquired large tracts of land for food and biofuel crop cultivation and other purposes in Africa, often leading to the displacement of the African people living on customary land. The weak customary land rights of ordinary African people have been viewed as one of the main factors making it possible for various land-grabbers to exploit customary land with different purposes. However, it would be insufficient to conclude that the weak customary land rights are the only factor leading to land grabbing in Africa as such land rights give the inheritors the rights to use the land permanently. Therefore, the main objective of this research is to identify a more specific factor leading to land grabbing in Africa, which this article refers to as a ‘land-grabbing-friendly legal environment’. To achieve the main goal, by considering the case of Zambia, this research aims to: (1) analyze the main areas and regions where land grabbing occurs in Zambia and the land-grabbers involved; and (2) analyze the main uses of customary land and changes in tenure systems applied to customary land from the colonial era up to the present day, through a legal history research approach. The main findings of this research are as follows: (1) land-grabbing incidences have often been linked to the government-led agricultural program, involving both internal and external land-grabbers, and (2) the creation of the dual-tenure system during the colonial era and its continuation to the present day have led to the poor financial status of ordinary Zambians living on customary land, contributing to their weak customary land rights. By examining the main results, this research concludes that it is crucial for the Zambian government to bring about reasonable fees for land-titling registration for the ordinary Zambians living on customary land, as well as to separate development aspects from land laws. These steps will strengthen the land rights of the ordinary Zambians and prevent land grabbing.
13
Lemaitre, Sophie. "Indigenous Peoples' Land Rights and REDD: A Case Study." Review of European Community & International Environmental Law 20, no. 2 (July 2011): 150–62. http://dx.doi.org/10.1111/j.1467-9388.2011.00716.x.
Повний текст джерела
14
Brower, Ann. "A Case of Using Property Rights to Manage Natural Resources." Case Studies in the Environment 1, no. 1 (2017): 1–6. http://dx.doi.org/10.1525/cse.2017.sc.348268.
Повний текст джерелаАнотація:
This article presents a case of using property rights to govern land use in the high country of New Zealand's South Island. It tells the story of a land reform policy and its implementation over two decades, through changes in rules and governing parties. It observes land reform outcomes that are surprisingly favourable to pastoral leaseholders, and surprisingly unfavourable to the Crown. It then explores several possible explanations, including the logic of collective action, bargaining dynamics, principal-agent problems, and ideas of ownership. It concludes that John Locke's labour theory of property holds sway in New Zealand's land reform, despite what the law prescribes. This raises questions about whether using property rights to manage land use meets the ‘3Es’ of good policy: effectiveness, efficiency, and equity.
15
Mesgar, Mahsa, and Diego Ramirez-Lovering. "Informal Land Rights and Infrastructure Retrofit: A Typology of Land Rights in Informal Settlements." Land 10, no. 3 (March 7, 2021): 273. http://dx.doi.org/10.3390/land10030273.
Повний текст джерелаАнотація:
Informal settlements represent a challenging operational context for local government service providers due to precarious contextual conditions. Location choice and land procurement for public infrastructure raise the complicated question: who has the right to occupy, control, and use a piece of land in informal settlements? There is currently a dearth of intelligence on how to identify well-located land for public infrastructure, spatially and with careful consideration for safeguarding the claimed rights and preventing conflicts. Drawing on a case study of green infrastructure retrofit in seven informal settlements in Makassar, Indonesia, we classify the informal settlers’ land rights into four types: ownership, use, control, and management. This exploratory study uses a typological approach to investigate the spatial dimension of land rights in informal settlements. We introduce non-registrable land interests and the partial, dynamic, and informal land use rights that impact the land procurement for infrastructure retrofit. We also create a simple spatial matrix describing the control/power, responsibilities and land interests of different stakeholders involved in the location decision making for public infrastructure. We argue that without sufficient understanding of non-formal land rights, land procurement proposals for the public infrastructure upgrades can be frustrated by the individual or group claims on the land, making the service provision impossible in informal settlements.
16
Shafa Clarissha, Vindria, Recca Ayu Hapsari, and Yulia Hesti. "KEDUDUKAN HARTA BERSAMA YANG DIJADIKAN OBJEK JAMINAN HAK TANGGUNGAN DALAM HUTANG PIUTANG DAN DIEKSEKUSI OLEH PENGADILAN (STUDI PUTUSAN NOMOR 13/PDT.BTH/2021/PN TJK)." IBLAM LAW REVIEW 2, no. 1 (January 31, 2022): 52–72. http://dx.doi.org/10.52249/ilr.v2i1.51.
Повний текст джерелаАнотація:
Mortgage rights are regulated in Law Number four of 1996 concerning Mortgage Rights on Land and Objects Related to Land, hereinafter abbreviated as UUHT. With a variety of options 13/pdt.bth/2021/pn/tjk where the land due to the marriage is used as collateral for the rights of borrowing and borrowing through the husband and spouse as guarantors. election No.13/pdt.bth/2021/pn/tjk. The approach used in this study is empirical through interviews with judges at the Tanjung Karang District Court. Land rights that can be encumbered with Borrowing Rights consist of: Ownership Rights, Cultivation Rights, Building Use Rights, and Land Use Rights on state land which in accordance with the legal guidelines and guidelines of the winner must be registered and according to their nature can be transferred. Flats that stand on Ownership Rights, Building Use Rights and Use Rights granted through the state. Because one of the parties,namely Edwin Bunyamin Pohar,was not drawn as a party in the a quo rebuttal case,the rebuttal of the rebuttal as a rebuttal is lacking because not all parties in the main case are parties in the a quo rebuttal case, so the rebuttal of the rebuttal must be declared no acceptable (Niet Onvankelijke Verklaard).
17
Otsuka, Keijiro, Agnes R. Quisumbing, Ellen Payongayong, and J. B. Aidoo. "Land tenure and the management of land and trees: the case of customary land tenure areas of Ghana." Environment and Development Economics 8, no. 1 (January 6, 2003): 77–104. http://dx.doi.org/10.1017/s1355770x03000056.
Повний текст джерелаАнотація:
This study explores the effects of land tenure institutions on land use and management using household date from cocoa growing areas of Ghana. Various land tenure institutions with different land rights coexist in our sites, such as allocated family land, inherited land, appropriated village land, and land received as gift. While tree planting and the decision to leave land fallow may be affected by land tenure status, there are no significant differences in labor allocation and revenue of both cocoa and food crops among parcels under different land tenure institutions. These results support the hypothesis that management incentives of cocoa fields, but not food crop fields, tend to be equalized due to the incentive-enhancing effects of granting secure land rights after efforts to plant cocoa trees are expended.
18
Zhu, Jieming, Loo-Lee Sim, and Xuan Liu. "Place Remaking under Property Rights Regimes: A Case Study of Niucheshui, Singapore." Environment and Planning A: Economy and Space 39, no. 10 (October 2007): 2346–65. http://dx.doi.org/10.1068/a38333.
Повний текст джерелаАнотація:
From the perspective of institutional analysis, this paper evaluates the place-remaking process of Niucheshui in Singapore. It is found that the redevelopment of Niucheshui since the 1960s has been substantively shaped by the property rights regime over land and buildings. As property rights are defined by the state in the forms of statutory land-use planning, compulsory land acquisition, rent control, land leasing, and conservation of historical buildings, the free market for land redevelopment is reined in heavily by the state. The built form of Niucheshui before 1960 was by and large the product of many private individuals' and communities' initiatives. Those players have faded from the scene since the 1960s, and the redevelopment of Niucheshui is the result of interactions between the state and market forces, though public participation is practised in the land-use planning process. In view of the urban land market behaving and performing within a framework defined by institutions, and property rights being one of the most important institutions, we argue that, not warranted by rhetoric public participation, pluralism and diversity in the built environment are protected by a diverse structure of land property rights which should be incorporated into the place-remaking process.
19
Ika Pratiwi, Niken Windy, and Munsharif Abdul Chalim. "Procedure for Obtaining a Certificate of Title to the Land in the Semarang: Case Study in the National Land Agency Semarang." Jurnal Akta 6, no. 2 (August 23, 2019): 343. http://dx.doi.org/10.30659/akta.v6i2.5029.
Повний текст джерелаАнотація:
The background of this thesis-making by the problems that occur in the community, where people are still not or do not understand the procedures milik.Terbukti acquire rights to their land dispute or a state-owned building that happened because the people who inhabit this land are not applying for property rights and feel that the land itself. Scription this is made so that people understand about the procedures for securing property rights. Results: (1) Procedures of obtaining the certificate is property rights on state land through the National Land Agency, is generally set in the norm of the Minister of Agriculture No. 9 of 1999 on Procedures for Granting and Cancellation of State Land Property Rights and Rights Management. In Article 19 paragraph (2) BAL consisting of: bookkeeping land, registration of property rights, transfer of land rights, granting letters of proof of receipt of rights, (2) Barriers and solusiyang arising from applicant in the application process right (external): lack of accessories the proposed requirements of the applicant, not terselesainya application fee, the land dispute would be applied. Barriers arising from the Office of the (internal): lack of personnel in the service of the applicant carefully situations, employees who lack discipline, negligence of officers in performing their duties. Solution resistance of the applicant (external): more thoroughly before entering the application requirements, before making an application should first ask for details of funds in the process of granting the right, please check whether the land is in sengeketa or not. Solution barriers of Office (internal): officers should be more responsible in performing their duties, and provide a deterrent effect to employees who are lazy in performing their duties.Keywords: Procedures; Certificate of Property Rights; State land.
20
Leticia, Emerlanda, and Hasni Hasni. "KEABSAHAAN SERTIPIKAT HAK MILIK ATAS TANAH BERDASARKAN UUPA DAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH." Jurnal Hukum Adigama 2, no. 1 (July 23, 2019): 462. http://dx.doi.org/10.24912/adigama.v2i1.5248.
Повний текст джерелаАнотація:
The certificate is a proof of ownership that is strong, this certificate comes from land rights which are the right to use and exploit the land which it occupies. Rights to land are also divided into Property Rights, Cultivation Rights, Building Use Rights, Use Rights, Rental Rights for Buildings, Use Rights and Temporary Land Rights. In this case the author will only explain the ownership rights related to legal issues, namely the right of ownership. Property rights are the strongest and most complete rights that humans can have. This right is obtained based on land registration. Own land registration is carried out by the authorized party, namely the National Land Agency. But in this case on the island of Pari, the certificate was declared maladministration by the ORI which caused the author to write about the validity of the certificate of land ownership based on law. With the formulation of the problem, how is the validity of the Certificate of Property Ownership according to uupa and Government Regulation Number 24 of 1997 related to the statement of maladministration by the ORI? and What are the legal consequences for certificate holders due to the administrative maladministration? By using explanatory research methods. In this case the researcher gets the result that in the process of land registration the measurement process is not carried out which is one of the requirements to obtain physical data and there is no announcements must be made because to provide an opportunity to file an objection.
21
Нежевело, В. В. "Procedural Guaranteeing of Tenants Rights in Case of Land Use for Farming." Bulletin of Kharkiv National University of Internal Affairs 86, no. 3 (September 24, 2019): 32–39. http://dx.doi.org/10.32631/v.2019.3.03.
Повний текст джерелаАнотація:
The article is primarily aimed at the settlement of practical problematic aspects of realizing the procedural protection of the rights of the participants of leasehold land legal relationships.
In order to protect the procedural rights of individuals during the settlement of land disputes, the author has analyzed legal scientific studies on the realization of the rights of land tenants, who, as ordinary citizens of Ukraine, concluded land rental agreements necessary for them to create and maintain farms. The author has studied the state of scientific doctrine and legal guarantees in the sphere of ensuring the protection of the rights of the participants of leasehold relationships, including procedural one. The main problems and shortcomings of the current legislation on procedural guaranteeing of the rights of tenants of land plots used for farming have been outlined.
It has been emphasized that disputes on the termination of land rental agreements and sometimes the simultaneous collection of rent arrears initiated by the authorities in relation to individuals – the tenants as parties to the agreement have the special status within land disputes, whereas legal entities – farm enterprises actually use the land plots. These disputes are relevant and widespread in the practical field, but at the same time they are hardly protected by the doctrine and are imperfectly protected by the norms of the current legislation, which originates to significant violations of the rights of the participants of leasehold land legal relationships. Thus, starting from 2018, within the framework of the judicial reform and the creation of a new Supreme Court of Ukraine, a prudent legal position began to emerge regarding the need to appeal in these situations to commercial courts within the economic jurisdiction and to file claims against farm enterprises, which as legal entities are the defendant in the case, being the actual user.
Taking into account the above, the author has studied the scientific environment within the aspect of solving the issue of procedural guaranteeing of the rights of the tenants of land plots that are actually used by farm enterprises for conducting this activity. The author has also made an attempt to study the current legislation, focusing on the problematic aspects and gaps that need to be addressed by improving legal regulation.
22
Palloan, Steffi Yesyer, and Akhmad Khisni. "Law Due To The Transfer Of Land Under Hand With Deed As Evidence (Case Study In Kendari)." Jurnal Akta 7, no. 2 (August 15, 2020): 201. http://dx.doi.org/10.30659/akta.v7i2.7970.
Повний текст джерелаАнотація:
The purpose of this study as follows 1) To identify and explain the legal effect on the transition of land right under the deed of hand as evidence. 2) To identify and explain the weaknesses of the transitional land right under the deed of hand. 3) To identify and explain the transfer of land rights solutions with deed under the hand. The method used by researchers is approach to law juridical sociological and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interviews with the Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research The absence of legal certainty for those who receive the new rights over the land in question, as for a way to resolve that can be achieved is by registering the transfer of land rights to the Land Office. Many people who do not register the transfer of rights or title transfer to the Land Office is the lack of information about the process of the registration of the land, there are many people who make the switch right to the land under the hand not in front of PPAT, economic factors, the cost of registration of transfer of rights is fairly high and not transparent and there are still many who do not own land Earth Building Tax. Direct settlement by parties with deliberation. Through arbitration and alternative dispute resolution. Judicial dispute resolutionKeywords: Transfer of Rights to Land; Under Hands Deed; Evidence.
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Hamonangan, Norman, and Yusman Yusman. "PERBUATAN MELAWAN HUKUM AKIBAT PERALIHAN HAK MILIK TANAH DITINJAU DARI PASAL 1365 KUH PERDATA DAN PASAL 26 UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA DAN PP NO. 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (Studi Kasus Putusan Pengadilan Negeri Jakarta Barat 252/Pdt.G/2018/Pn Jkt.Brt)." Rechtsregel : Jurnal Ilmu Hukum 3, no. 1 (August 26, 2020): 77. http://dx.doi.org/10.32493/rjih.v3i1.6621.
Повний текст джерелаАнотація:
Property rights to land are the strongest and fullest inherited rights that can be owned over land and Transfer of ownership rights to land is the transfer or transfer of ownership rights to a plot of land or several parcels of land from the original owner to the new owner due to something or certain legal actions. The legal act of transferring rights is aimed at transferring land rights to another party permanently (in this case the legal subject meets the requirements as the holder of land rights). Transfer of land rights can occur because of transfer or transfer. Switching, for example because of inheritance while it is transferred, for example on the basis of sale and purchase, exchange, grants, will grants and other legal acts of transfer of rights.
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Lixinski, Lucas. "Case of the Kaliña and Lokono Peoples v. Suriname." American Journal of International Law 111, no. 1 (January 2017): 147–54. http://dx.doi.org/10.1017/ajil.2017.5.
Повний текст джерелаАнотація:
On November 25, 2015, the Inter-American Court of Human Rights (Court) held that the state of Suriname had violated the rights of two indigenous groups by denying recognition of their juridical personality and their entitlement to collective property and judicial protection. In Kaliña and Lokono Peoples v. Suriname, the Court also considered the impact of nature reserves on indigenous land rights, as well as the legitimacy of private titling of property that encroaches on land for which collective title has not been attained. The decision pushes the Court's previous jurisprudence significantly—and somewhat controversially—by asserting that under the American Convention on Human Rights, indigenous peoples are entitled, as collective entities, to recognition of their legal personality. In so doing, the Court challenged ordinary assumptions about the individualized character of most adjudication regarding international human rights and made the possibility of enforcing collective rights more palpable.
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Rahadianto, Akbar, and Endang Pandamdari. "KEABSAHAN PENJAMINAN HAK MILIK ATAS TANAH YANG DIDASARKAN PADA AKTA DI BAWAH TANGAN (STUDI KASUS PUTUSAN NOMOR 53/PDT.G/2017/PN.SGN)." Jurnal Hukum Adigama 1, no. 2 (November 17, 2018): 100. http://dx.doi.org/10.24912/adigama.v1i2.2739.
Повний текст джерелаАнотація:
Land rights guarantee is a guarantee made by the debtor to the creditor which generally aims to obtain a loan in the form of money for the debtor and repayment of debt to the creditor. In the case of guaranteeing land rights, the procedure has been regulated in the Underwriting Rights on land along with land-related objects act. In this act, it is explained that in the case of guaranteeing land rights, it must be made in an authentic deed named deed of mortgage. But in this case the debtor guarantees ownership rights of the land to the creditor with only deed under hand, not with the deed of mortgage. Is the guarantee still valid? and how about the executorial power? In this study the author uses a case approach and legislative approach. It can be concluded that the guarantee of ownership rights on land based on the deed under the hand is valid because it has fulfilled the elements of Article 1320 of the Civil Code concerning the legal requirements of the agreement. Then for the execution strength, it can be done, but it will be very difficult because it requires a court order to execute the collateral object. The suggestion from the author is that in guaranteeing the rights to the land, it must be charged the Deed of mortgage, so that if there is a default, the execution of the guarantee object is easy and does not take a long time.
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Agustin, Poni, and Widhi Handoko. "The Legal Protection for Land Rights Holders against Different Locations of Land Objects." Sultan Agung Notary Law Review 3, no. 2 (August 12, 2021): 624. http://dx.doi.org/10.30659/sanlar.3.2.624-637.
Повний текст джерелаАнотація:
The importance of land ownership rights, the State in this case is represented by the National Land Agency (BPN) plays an important role in ensuring certainty and legal force for land rights holders. In the issuance of certificates, of course there are rights, checking the location of land parcels, and other procedures that must be followed. In this writing, the certificate issued by BPN experienced a discrepancy between the rights, in this case the Sale and Purchase Deed, so that the juridical data and physical data experienced differences. The existence of differences in physical and juridical data causes the certificate to be questioned for its legal certainty and strength. Efforts against the existence of administrative defects in certificates can be taken by means of, among others, administrative and judicial efforts. The problems in the research include how to protect the law for holders of land rights against differences in the location of land objects in the sale and purchase deeds and certificates, as well as about the legal consequences of these deeds and certificates. This study uses a normative juridical research method with descriptive research specifications where this study aims to describe (describe) a problem in a certain area or at a certain time. This study uses secondary data sources which are divided into primary legal materials, secondary and tertiary legal materials. The research results that have been collected are then analyzed qualitatively.
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Agustin, Poni, and Widhi Handoko. "The Legal Protection for Land Rights Holders against Different Locations of Land Objects." Sultan Agung Notary Law Review 3, no. 4 (February 12, 2022): 1402. http://dx.doi.org/10.30659/sanlar.3.4.1402-1415.
Повний текст джерелаАнотація:
The importance of land ownership rights, the State in this case is represented by the National Land Agency (BPN) plays an important role in ensuring certainty and legal force for land rights holders. In the issuance of certificates, of course there are rights, checking the location of land parcels, and other procedures that must be followed. In this writing, the certificate issued by BPN experienced a discrepancy between the rights, in this case the Sale and Purchase Deed, so that the juridical data and physical data experienced differences. The existence of differences in physical and juridical data causes the certificate to be questioned for its legal certainty and strength. Efforts against the existence of administrative defects in certificates can be taken by means of, among others, administrative and judicial efforts. The problems in the research include how to protect the law for holders of land rights against differences in the location of land objects in the sale and purchase deeds and certificates, as well as about the legal consequences of these deeds and certificates. This study uses a normative juridical research method with descriptive research specifications where this study aims to describe (describe) a problem in a certain area or at a certain time. This study uses secondary data sources which are divided into primary legal materials, secondary and tertiary legal materials. The research results that have been collected are then analyzed qualitatively.
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Mohd, Kamilah Wati, Fareed Mohd Hassan, Intan Nadia Ghulam Khan, and Izawati Wook. "CUSTOMARY LAND RIGHTS OF ORANG ASLI: A CASE STUDY IN KAMPUNG PARIT GONG, NEGERI SEMBILAN, MALAYSIA." UUM Journal of Legal Studies 12, Number 1 (January 31, 2021): 199–217. http://dx.doi.org/10.32890/uumjls2021.12.1.9.
Повний текст джерелаАнотація:
The Orang Asli group forms a minority community in Peninsular Malaysia, whose livelihood mostly depends on their land and the surrounding area. Dispute over customary land rights of Orang Asli has been continual in Malaysia although Malaysian Courts, in several cases, have upheld the Common Law rights of Orang Asli to their customary lands. This poses a challenge to some Orang Asli communities and State Governments. Based on focus group discussion, profiling survey, and library research methods, this paper analyses the land rights of Orang Asli in Peninsular Malaysia, by placing focus on Orang Asli in Kampung Parit Gong, Jelebu, Negeri Sembilan. The findings indicate that the Kampung Parit Gong Orang Asli community has been strictly adhering to the customs of ‘adat perpatih’ since yesteryears, and that they highly value the land, both through usage of land and by inheritance. Several important concerns were raised by the Orang Asli in Kampung Parit Gong, particularly on the security over their rights on the said customary land and the guarantee of their future generations’ socio-economic wellbeing. Having said that, this paper proposes several legal and administrative measures to not only address the uprising issues, but also to ascertain that the rights of Orang Asli residing in Peninsular Malaysia are secured.
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Hunt, Diana. "Unintended Consequences of Land Rights Reform: The Case of the 1998 Uganda Land Act." Development Policy Review 22, no. 2 (February 16, 2004): 173–91. http://dx.doi.org/10.1111/j.1467-7679.2004.00244.x.
Повний текст джерела
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Schippers, Titia. "Securing Land Rights through Indigenousness: A Case from the Philippine Cordillera Highlands." Asian Journal of Social Science 38, no. 2 (2010): 220–38. http://dx.doi.org/10.1163/156853110x490917.
Повний текст джерелаАнотація:
AbstractThe Indigenous Peoples Rights Act (1997) offers indigenous peoples in the Philippines the opportunity to obtain title to an ‘ancestral domain’. This article discusses how leaders of the Bakun Indigenous Tribes Organization (BITO) in the Cordillera Highlands strategically used the state-sponsored indigenous-peoples discourse and political-administrative structure to acquire land rights for the inhabitants of the municipality of Bakun. Though the inhabitants did not necessarily identify themselves as indigenous, they welcomed land rights as a protection against unwelcome incursions by mining companies and other extractive projects. However, the discourse of indigenous peoples’ rights tends to essentialise the difference between indigenous and non-indigenous populations. Being indigenous has become a politicised identity whose bearers are expected to prefer the ‘traditional’ over the ‘modern’, the ‘collective’ over the ‘individual’. In Bakun, moreover, the discourse of indigenous peoples’ rights eventually became an arena in which a power struggle was played out between BITO and the municipal council, both belonging to the indigenous community.
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Kouamé, Georges. "Intra-Family and Socio-Political Dimensions of Land Markets and Land Conflicts: The Case of the Abure, Côte d'Ivoire." Africa 80, no. 1 (February 2010): 126–46. http://dx.doi.org/10.3366/e0001972009001296.
Повний текст джерелаАнотація:
This article is a contribution to reflection on the question of land markets in Africa. Based on a case study of Abure society (Côte d'Ivoire), the article emphasizes, first, the relation between the intra-family dimension of land rights and the functioning of the land lease market. Particular attention is paid to intra-family land tensions induced by the land lease market, and their repercussions in the form of inter-community conflict reflecting the ethnic-national basis of the land lease market (with autochthonous Abure lessors and Burkinabe tenants). Second, emphasis is placed on the socio-political dimension of land tenancy relationships. The article is based on a deciphering of the land rights and land tenure practices within Abure family groups, and of a 2001 conflict which set Abure young men against Burkinabe pineapple growers. Beyond the inter-community conflict surrounding land, the article reveals an intergenerational conflict within Abure society itself between social juniors and the elders who manage family land, regarding the delegation of rights to lease out family land and the distribution of land lease (rental) income.
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Errico, Stefania, and Priscilla Claeys. "Human Rights and the Commons: Exploring Approaches to the Governance of Land and Natural Resources beyond Indigenous Peoples’ Rights. The Case of Peasants." International Journal on Minority and Group Rights 27, no. 1 (December 16, 2020): 1–33. http://dx.doi.org/10.1163/15718115-02604123.
Повний текст джерелаАнотація:
Abstract Worldwide, 2.5 billion people today depend on lands managed through customary, community-based tenure systems. Although land and natural resources are recognised as essential elements for the realisation of many human rights, international human rights law does not recognise a human right to land, except for indigenous peoples. With the recent adoption of the UN Declaration on the Rights of Peasants and other people working in rural areas (undrop), the right to land is now recognised for new categories of rural workers. This article explores the governance of land and natural resources beyond the case of indigenous peoples’ rights. It argues that undrop contains key and mutually reinforcing elements of the human rights and collective action approaches to the governance of land and natural resources, and therefore has the potential to ensure the social and environmental ‘viability’ of the commons.
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Wang, Kejia, Laura Dunkley, and Michael Neale. "Novel Endovascular Approach Using the Gore Iliac Branch Endograft for Short Iliac Anatomy." Journal of Endovascular Therapy 25, no. 1 (December 18, 2017): 28–30. http://dx.doi.org/10.1177/1526602817746127.
Повний текст джерелаАнотація:
Purpose: To report the use of a branched iliac endograft to maintain internal iliac artery (IIA) patency in a patient with an infrarenal aortic aneurysm and short common iliac arteries (CIA). Case Report: A 74-year-old man presented with an asymptomatic, fusiform, 67-mm infrarenal aortic aneurysm confirmed on computed tomography. The right CIA was funnel shaped and only 15 mm in length, providing no appropriate stent-graft landing zone. The left CIA measured 14 mm in diameter and 25 mm in length. Endovascular repair of the aneurysm with preservation of the IIAs was achieved using a Gore Iliac Branch Endoprosthesis for the short right CIA and a conventional limb to land in the left CIA. Follow-up scans to 24 months have shown continued patency of the IIA and no evidence of endoleak. Conclusion: The Gore Iliac Branch Endograft can be used to successfully treat patients with short CIA anatomy while preserving flow to the ipsilateral IIA, with maintained early patency of the IIA limb.
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T.T. Duong, Mai, D. Ary A. Samsura, and Erwin van der Krabben. "Land Conversion for Tourism Development under Vietnam’s Ambiguous Property Rights over Land." Land 9, no. 6 (June 22, 2020): 204. http://dx.doi.org/10.3390/land9060204.
Повний текст джерелаАнотація:
The paper aims to explore the process of land conversion for tourism development in Vietnam, under the present ambiguous and insecure property rights system. Four case studies in different geographical areas were selected to analyse land conversion and land compensation for tourism projects before and after the implementation of the new land law in 2013. The findings of this study show that, in the present legal system of land and property rights, the rights of local people are not sufficiently guaranteed due to the decisive role of the State not only in defining compensation prices for land in the case of compulsory land acquisition but also in determining whether tourism projects are in the public’s interest or not (thus deciding the appropriate land conversion approach as well as affecting price negotiations). The research also found that, although a voluntary land conversion approach (when the project is not in the public’s interest), based on the 2013 Land Law, offers land users a better negotiation position and a higher compensation payment, possibly reducing land-related conflicts between the State and land users, ambiguity over property rights in fact increased due to the government’s substantial discretion to choose between ‘public purpose’ and ‘economic purpose.’ The paper concludes with questioning whether the present legal basis for compulsory land acquisition is future proof since urbanisation pressure is likely to increase, which may lead to even more land conflicts in the near future.
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Ahmad, Sukmawati, Marthina Tjoa, and Iskar Iskar. "Hak Tenurial Masyarakat Adat Dalam Wilayah Kesatuan Pengelolaan Hutan Lindung." MAKILA 13, no. 1 (June 19, 2019): 29–39. http://dx.doi.org/10.30598/makila.v13i1.2319.
Повний текст джерелаАнотація:
This study aims to identify community tenure rights in the Ambon City KPHL and find out the factors that influence community tenure rights. The research method used is a case study research with a qualitative approach. Data was collected through interviewing respondents and key informants. The results showed that the types of community tenure rights in the State of Soya in the KPHL management area included ownership rights, land rights, exclusive preference rights to use rights and utilization rights. Whereas the factors that influence community tenure rights include internal factors, namely land leases, rights to trees, land sale and purchase, and original rights. External factors include the establishment of protected areas, the absence of local regulations governing community tenure rights, development of educational institutions, rights to trees and land grabbing.
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Lai, Yani, Edwin Hon Wan Chan, and Lennon Choy. "Village-led land development under state-led institutional arrangements in urbanising China: The case of Shenzhen." Urban Studies 54, no. 7 (February 9, 2016): 1736–59. http://dx.doi.org/10.1177/0042098016629325.
Повний текст джерелаАнотація:
As a unique phenomenon of urbanisation in China, the emergence of urban villages has attracted considerable attention from the academic community. Adopting an institutional approach on land development, this study analyses how the land property rights regime affects village-led land development behaviours and spatial outcomes in urban villages. Using a set of reliable data from Shenzhen, the empirical study shows that, although unequal land rights under the current land property rights regime impose severe institutional constraints to the development of urban villages, they actually play a much more important and diversified role in China’s urbanisation than previously recognised. As the primary developers of urban villages, villagers have adopted various land development strategies in response to the changing market environment and internal economic conditions in the dynamic urbanisation process. These dynamic strategies have contributed to the coexistence of sub-optimal industrial development and high-quality housing development in urban villages.
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Susilowati, Susilowati, and Gunarto Gunarto. "Legal Consequences Of Mortgage Right Imposition On Uncertified Land (Letter C) In Case The Grantor Is Passed Away." Jurnal Akta 5, no. 2 (May 16, 2018): 427. http://dx.doi.org/10.30659/akta.v5i2.3098.
Повний текст джерелаАнотація:
The purpose of this study is to know the implementation of the uncertified land as mortgage right (Letter C) and how the effect occurs in case that the grantor is passed away. This research was done with normative juridical approach. Technique of collecting legal material used literature study, while technique of data analysis was done with descriptive qualitative. The author found that UUHT provides an opportunity for owners of uncertified land rights to pledge their land rights in mortgage rights. It is mentioned in Article 10 Paragraph (2) of UUHT stating that if the object of mortgage rights in the form of land rights arising from the conversion of old rights that have been eligible to be registered but the registration has not been done, the granting of the mortgage shall be conducted simultaneously with the application of the right to (Letter C). On the other hand, the mortgagee has died and left the heirs, then there are several ways of settlement made by the bank, namely: If the credit has matured, then the credit is covered by credit insurance. If the credit has matured and the credit insurance has expired, it will be billed up to his heirs by approaching the family by offering loan interest rate relief. It is expected that the government through the National Land Agency can organize the process of land certification in a relatively short time so that it can support the economic activities of the community.Keywords: Mortgage Right; Uncertified Land; The Grantor Is Passed Away
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Whiting, Susan. "Values in Land: Fiscal Pressures, Land Disputes and Justice Claims in Rural and Peri-urban China." Urban Studies 48, no. 3 (February 2011): 569–87. http://dx.doi.org/10.1177/0042098010390242.
Повний текст джерелаАнотація:
This paper explores justice claims and legal recourse in disputes over land rights—a major source of unrest—in rural China. Local governments’ search for fiscal revenue and the concomitant fiscalisation of land create the context for the recent wave of land disputes. The types of dispute and the contexts in which disputes arise shape the ways in which citizens seek recourse to threats to their property rights and shape the kinds of justice claim they make in the process. Citizens whose land rights are threatened by land takings orchestrated by local governments and outside developers are more likely to pursue both distributive and procedural justice claims in court than are citizens whose land rights are threatened by reallocation of land within the community. In the latter case, citizens are more likely to pursue distributive but not procedural justice claims through mediation. These patterns hold in both case study and survey evidence. Distributive justice is associated with the fairness of outcome of a dispute, while procedural justice is associated with fairness of the process of dispute resolution.
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Ayudiatri, Safira, and Akhmad Budi Cahyono. "The Legality of Grants by Foreign Citizens on Land Objects in Indonesia: Case Studies of Court Decisions." SIGn Jurnal Hukum 4, no. 1 (May 25, 2022): 30–45. http://dx.doi.org/10.37276/sjh.v4i1.131.
Повний текст джерелаАнотація:
This study aims to examine and analyze the legality of granting by Singaporean citizens to Indonesian citizens before the Notary Public of Singapore on land objects located in the territory of Indonesia based on Decision No. 912/Pdt.G/2018/PA.Jmb. In addition, this study further analyzes the laws and regulations that should apply in handling grants case based on international civil law. This research was conducted using a normative juridical approach with analytical descriptive specifications. The literature study was used to obtain the legal materials needed in this research. The collected legal material is then analyzed using qualitative data analysis methods with a statute and case approach. The results show that the legality of granting the object of land wills in Indonesia from former Indonesian citizens who have become foreign citizens to Indonesian citizens based on Decision No. 912/Pdt.G/2018/PA.Jmb is invalid and void by law. This case is contrary to Article 21 section (3) of Law No. 5 of 1960 and Article 37 section (1) of Government Regulation No. 24 of 1997. Based on the concept of International Civil Law, that action can be categorized as law smuggling, namely an act committed in a foreign country and recognized as legal in that foreign country. As for immovable objects, the general principle accepted in international civil law has stated that immovable objects in their status are based on the principle of lex situs or lex rei sitae. Therefore, it is recommended that every foreign citizen who has land rights or other property rights in Indonesia must relinquish the right of ownership within one year. The granting of land rights or property rights must be made in the grant agreement before the Land Deed Official of Indonesia. Furthermore, the registration of the transfer of land rights will be carried out at the National Land Agency of the Republic of Indonesia. Thus, land rights or property rights will get guarantees, protection, and legal certainty to avoid disputes in the future.
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Kramer, Anna Katharina, Frederike Klümper, Alexander Müller, and Francesca Thornberry. "Strengthening Accountability for Responsible Land Governance: Linking Governance of Tenure to Human Rights." Sustainability 13, no. 19 (October 8, 2021): 11113. http://dx.doi.org/10.3390/su131911113.
Повний текст джерелаАнотація:
While there is no universal right to land enshrined in existing human rights treaties, access to land is intrinsically linked to the achievement of human rights. For example, the right to food, adequate housing, property and equality and non-discrimination are of special concern for smallholder farmers, pastoralists, women, and other marginalized groups. In this regard, the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and Forests in the context of national food security (VGGT) is considered a milestone document. They link binding human rights frameworks with universally agreed principles of responsible land governance. However, the implementation of the Guidelines is impeded by their voluntary nature and the absence of clear monitoring and accountability structures. The objective of this paper is to make a case for adopting human rights-based monitoring approaches that strengthen the implementation of the VGGT and, ultimately, responsible land governance. This policy analytical paper draws from a literature review, an analysis of secondary data gathered from National Human Rights Institutions working on land rights, as well as findings from two pilot case studies. The cases illustrate the need for a human rights-based land governance monitoring approach, relevant for policy-makers as well as land rights practitioners. Furthermore, this paper shows that there is currently no systemic approach that monitors the implementation of the VGGT from a human rights perspective. Therefore, the paper suggests that a human rights-based monitoring approach centered around established human rights monitoring and reporting mechanisms can provide a new, and urgently needed, impetus for implementing the VGGT. Linking VGGT implementation to human rights obligations by states can strengthen efforts towards responsible land governance reforms and contributes to holding governments accountable to their commitments.
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Eichler, Jessika. "Indigenous Peoples’ Land Rights in the Bolivian Lowlands." International Human Rights Law Review 5, no. 1 (July 15, 2016): 119–45. http://dx.doi.org/10.1163/22131035-00501007.
Повний текст джерелаАнотація:
Land destitution and expropriations disproportionally affect indigenous peoples’ ancestral lands in the Bolivian lowlands, namely Guaraní communities. Due to recent extractive projects in the lowlands land rights are seriously infringed. The close relationship with indigenous peoples’ lands and its significance for survival generates vulnerabilities. This concerns indigenous communities and individual community members in particular. This article analyses inequality dimensions in indigenous communities in the context of prior consultation mechanisms regarding natural resource extraction. Inequalities among indigenous community members in consultation processes are an unobserved phenomenon which requires further research. In this case, inequalities particularly emerge in forms of gender- and age-related factors. This stems from uneven impact on such groups by state and corporate conduct. Therefore, the role of vulnerable members in indigenous communities concerning land destitution is explored in a case-study and recommendations for mitigating inequalities in indigenous communities in resource disputes are developed.
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Babalola, Kehinde Hassan, and Simon Antony Hulla. "Using a domain model of social tenure to record land rights: A Case Study of Itaji-Ekiti, Ekiti State, Nigeria." South African Journal of Geomatics 8, no. 2 (September 9, 2022): 221–37. http://dx.doi.org/10.4314/sajg.v8i2.8.
Повний текст джерелаАнотація:
Formal land registration systems have failed to accommodate the wide range of land tenure claims found in developing countries, including land rights under customary and informal tenure systems, thereby leaving the rural people with insecure tenure. To reduce poverty, empower the poor, and ensure economic growth, security of tenure is beneficial. This paper investigates how the Social Tenure Domain Model (STDM) can be applied to record customary and informal land rights at Itaji-Ekiti, Nigeria. Primary data was collected by administering questionnaires on a house-to-house basis and conducting interviews with land rights holders. Spatial data was recorded using a handheld Global Positioning System (GPS) Garmin Oregon 300 and a mobile application (Topographic Mapper). Secondary data was collected from reports, journal articles, published books and the Google Earth image repository. The data collected through the administered questionnaires was used to analyse perceptions of tenure by the holders of land rights. This study provides additional knowledge for researchers in the field of Cadastral Surveying, as it tested the applicability of the STDM. The model will also help the government of Nigeria with the necessary data for the upgrading of informal settlements, which will provide integrity in land administration.
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Shi, Chen, and Bo-sin Tang. "Institutional change and diversity in the transfer of land development rights in China: The case of Chengdu." Urban Studies 57, no. 3 (June 6, 2019): 473–89. http://dx.doi.org/10.1177/0042098019845527.
Повний текст джерелаАнотація:
Rapid urbanisation in China has led to a substantial decrease in agricultural land. To address this unsustainable form of urban development, the Chinese government has implemented the ‘Linkage’ Policy ( Zengjian Guagou), which requires any increase in new urban land by local governments to be compensated for with an equivalent amount of new arable land. This paper examines the institutional changes and the implications for China’s land production and development arising from this mechanism of transferring land development rights from the rural to the urban sectors. Using Chengdu as a case study, our research concludes that this institutional mechanism has conferred commodified and tradeable development rights on rural land, leading to the emergence and direct involvement of new players in village land consolidation, resettlement of affected villagers and, indirectly, in the supply of new urban land. Process efficiency has been improved with the local governments, developers and village collectives capitalising on their niches in village improvement projects. The conventional state-led model of land production is enriched with bottom-up market initiatives, and villagers have more choices to realise their land property rights under the dual land market. Land use efficiency has been enhanced by the reallocation of construction land potential. However, infringements of villagers’ interests and negative impacts on balanced regional development under this policy were also found.
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Achmadi, Khudzaifah Dimyati, Absori, and Arief Budiono. "CULTURAL IMPLICATIONS OF DAYAK TOMUN INDIGENOUS PEOPLES IN THE MANAGEMENT LAND RIGHTS: A CASE STUDY OF LAMANDAU, CENTRAL KALIMANTAN, INDONESIA." Humanities & Social Sciences Reviews 8, no. 4 (August 23, 2020): 530–36. http://dx.doi.org/10.18510/hssr.2020.8452.
Повний текст джерелаАнотація:
Purpose of the study: This research aimed at highlighting the cultural implications in the context of the Dayak Tomun community in maintaining the management of land rights based on the customary in Lamandau, Indonesia.
Methodology: This study used a quantitative doctrinal research method to look at the macro problems in legislation products and a qualitative non-doctrinal research method to look at the problems conceptualized at the level of microanalysis as a symbolic reality.
Main Findings: This research revealed that the cultural approach perspective of the local indigenous people had an important role in the management of land rights. This study discovered the procedures for managing the people's customary land rights, which were simple and based on the local wisdom of the local community, which implied a philosophical meaning of belom behadat (living in traditions, obeying customs), human nature in protecting the realm from destruction.
Applications of this study: The findings of this study may be useful for the government in Indonesia since the findings reveal information as regards the management of land rights viewed from not only the rules and laws, but also a form of behavior, actions, and actual and potential human interactions that will be patterned in the management of land rights of Dayak Tomun indigenous people. The cultural implications of the Dayak Tomun indigenous people in managing local land rights based on local wisdom are sacred.
Novelty: Indigenous people's background has management procedures, which can be seen from the characteristics of traditional lands, such as the presence of planting and family tree. Meanwhile, the term in the management of land rights is a hereditary habit and contains legal values derived from beliefs (religion), customs, and social culture.
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Peterson, Nicolas. "Legislating for Land Rights in Australia." Practicing Anthropology 23, no. 1 (January 1, 2001): 21–23. http://dx.doi.org/10.17730/praa.23.1.1rp8324376861j67.
Повний текст джерелаАнотація:
A commitment in applied anthropological policy work to maximising cultural appropriateness or even to supporting what indigenous people say they want is not always possible. This proved to be the case in connection with formulating recommendations for land rights legislation in Australia's Northern Territory. Until 1992 the only rights in land that Aboriginal people had as the original occupiers of the continent were statutory (that is, through acts of state and federal parliaments). No treaties were signed with Aboriginal people and until that date the continent was treated as terra nullius, unowned, at the time of colonisation in 1788. From early on in the history of European colonisation, however, areas of land had been set aside for the use and benefit of Aboriginal people. These reserves were held by the government, or by one of a number of religious bodies that ministered to Aboriginal people, usually supported by government funding. Beginning with South Australia in 1966 all of the states, except Tasmania, have passed legislation that gives varying degrees of control of these reserves to land trusts governed by Aboriginal people. Each of these pieces of legislation had/have different shortcomings which included some or all of the following: the total area that had been reserved was small; the powers granted over the land were limited; the majority of the Aboriginal population did not benefit from the legislation; and none of them addressed the issue of self-determination. In 1973 a Royal Commission into Aboriginal Land Rights, with a single Commissioner, Mr. Justice Woodward, was established by the newly elected Federal Labor government, the first in 23 years. It was planned that it would deal with the continent but that it would begin by focusing on the Northern Territory which until 1978 was administered by the Federal government. At the time there were 25,300 Aboriginal people in the Territory making up 25% of the population.
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Tuhri, Mufdil. "Religion and Land Rights in Indonesian Indigenous – State Relations (Case Study of Orang Rimba in Jambi)." Religió: Jurnal Studi Agama-agama 10, no. 2 (September 24, 2020): 230–51. http://dx.doi.org/10.15642/religio.v10i2.1386.
Повний текст джерелаАнотація:
This paper will examine the contestation between religion and land rights in state and indigenous people’s relations in Indonesia from the perspective of national and International Laws. This paper will depart from the recent development of state recognition of customary law based on the Constitutional Court (MK) decision No. 35/2012 that state customary forest is not under the state forest. This paper will explain the significance of advocating Freedom of Religion or Belief for forest conflict and resonsidering to encompassing the land rights as part of Religious Rights for Indigenous People in Indonesia. To build the argument, this paper initially discuss on the discourse on the land rights in Indonesia, which is divided into two main sub topic, namely, a brief discussion on human rights for indigenous peoples from the perspective of national and international law. Furthermore, this paper will describe case studies of Orang Rimba in Jambi that will be consist of the belief of their indigenous religion and the particular problem of conflict of land and forest. The paper argues that land and religion constitute a unity for indigenous peoples who adhere to belief. This means that if buildings and lands as spiritual and worship place disappear then indigenous peoples will lose the right to worship according to the beliefs they believe. In fact, worship is a right attached to every citizen who cannot be reduced (non derogable rights) and should be protected and respected by the state. In conclusion, this paper will offers customary management in Indonesia through advocacy of freedom of religion or belief (FORB).
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Bellemare, Marc F. "Sharecropping, Insecure Land Rights and Land Titling Policies: A Case Study of Lac Alaotra, Madagascar." Development Policy Review 27, no. 1 (December 9, 2008): 87–106. http://dx.doi.org/10.1111/j.1467-7679.2009.00437.x.
Повний текст джерела
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Daulay, Imanul Ichwar, Rodliyah Rodliyah, and Widodo Widodo. "Legal Power of Pipil as the Real Evidence of Ownership of Rights to Land in Dispute (Analysis on the Decision of Selong District Court." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (July 27, 2019): 968. http://dx.doi.org/10.18415/ijmmu.v6i3.936.
Повний текст джерелаАнотація:
In this paper, the authors discuss cases that relate to the basis of ownership of rights and authority of land rights called Pipil among the people of Lombok Island. Landowners use Pipil as the real evidence of land rights because it is only landowners who are obliged to pay taxes. After the enactment of Law No. 5 of 1960 concerning Basic Agrarian Law (UUPA), there are fundamental changes in the field of land law and individual rights to land that apply in Indonesia. It mandates that certificate is the only real evidence of ownership of rights to land. However, even though UUPA is in force, there are still many Indonesians, especially in Lombok, who consider Pipil as real evidence of ownership of rights to land. In civil court practice for land cases in the Selong District Court, there are some times that court decisions win the Pipil holder. On the other hand, there are also some times when the Pipil holder is the party who loses the case. It can be found in two land cases decided by the Selong District Court. In the decision of the Selong District Court No. 73/Pdt.G/2008/PN.SEL. on June 18, 2009, the plaintiff who filed Pipil as real evidence was the party who won the case because the real evidence of Pipil was supported by two witnesses who saw that the plaintiff’s controlled and worked on the dispute land. Meanwhile, the decision of the Selong District Court No. 113/Pdt.G/2015/PN.SEL. on June 2, 2016 jo. the decision of Mataram High Court No. 102/PDT/2016/PT.MTR. on October 4, 2016 jo. the decision of Supreme Court No. 399 K/Pdt/2017 on 23 May 2017, the plaintiff who filed Pipil as the real evidence was the party who lost the case. In this case, consideration of the court’s decision prioritized the use of the dispute land in the public interest even though the plaintiff submitted three witnesses who witnessed that the plaintiff’s parents/ grandfather controlled and worked on the dispute land.
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Wardana, Dwi Wisnu. "The Overlapping Land Settlement." Sultan Agung Notary Law Review 2, no. 4 (December 30, 2020): 490. http://dx.doi.org/10.30659/sanlar.2.4.490-500.
Повний текст джерелаАнотація:
The role of Agrarian and Spatial Planning/National Land Agency is very much needed in society to fulfill the need for land services in this part of Indonesia. Considering the importance of a land certificate as a perfect and valid evidence for ownership of land rights, it is necessary to deal with land disputes with a view to ensuring legal certainty of land rights against the right holder or owner. This study is to determine the overlapping resolution in the Office of Agrarian and Spatial Planning/National Land Agency of Surakarta City over land use rights (HP) in Purwodiningratan Surakarta number 36 on behalf of the Surakarta City Government domiciled in Surakarta covering an area of approximately ± 9,350 m2, with Use Rights ( HP) number 23 on behalf of the Ministry of Transportation of the Republic of Indonesia domiciled in Jakarta (PT. Kereta Api Indonesia) covering an area of approximately ± 33,225 m2. This research is a descriptive empirical (sociological) juridical research with research data sources derived from primary data and secondary data. the data used includes; interviews, field observations and literature study in the form of books, laws and regulations, documents etc. hThe research results that have been collected are then analyzed qualitatively. This study aims: 1) To determine to analyze overlapping land settlement. 2) To find out the obstacles and solutions in overlapping land settlement. 3) To analyze to find legal certainty due to overlapping. Many obstacles to overlapping land settlement in the settlement of Hak Pakai land, especially those belonging to government agencies, are constrained by the bureaucracy of rights holders. The efforts and solutions for the settlement of overlapping land mediation by the Land Office of Surakarta City, in this case, are very dependent on the holders of Land Rights in the settlement of the Land Office as a mediator in the settlement in accordance with statutory regulations.
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Bustomi, Abuyazid. "PENGADAAN TANAH BAGI PELAKSANAAN PEMBANGUNAN UNTUK KEPENTINGAN UMUM." Solusi 16, no. 3 (September 1, 2018): 241–52. http://dx.doi.org/10.36546/solusi.v16i3.119.
Повний текст джерелаАнотація:
Land acquisition is any activity to obtain land by providing compensation to those who release or surrender land, buildings, plants, and objects related to land. Land acquisition can be carried out by the private sector and the government. In the case of land acquisition by the private sector, the methods carried out are through buying and selling, exchanging, or other means agreed upon by the parties concerned, which can be carried out directly between interested parties (for example: between developers with the right holder) with compensation for the amount or type determined in the deliberation. Whereas in the case of land acquisition by the government or regional government for the implementation of development in the public interest, it can be carried out by releasing or surrendering land rights, or also by revoking land rights through deliberation. Procurement of land for the implementation of development in the public interest is carried out through deliberation with the aim of obtaining an agreement on the implementation of development in the specified location, along with the form and amount of compensation. The deliberation process carried out by the land acquisition committee and the rights holder is intended to ensure that the rights holders receive adequate compensation for their land.