Relevant bibliographies by topics / Communal Land Dispute

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Communal Land Dispute'

Author: Grafiati
Published: 7 June 2025
Last updated: 2 August 2025

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Journal articles on the topic "Communal Land Dispute"

1

Hamler, Hamler, and Leonard C. Opara. "LAND LAW IN THE COMMUNAL RIGHTS OF THE COMMUNITY." PENA LAW: International Journal of Law 1, no. 1 (2022): 1–10. http://dx.doi.org/10.56107/penalaw.v1i1.6.

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Land has an important role to human livelihood and the economic need for land that is inversely proportional to the availability of the amount of land (tendrung is static) to be one factor triggering the spike in the number of disputes, conflicts and land affairs that occurred in Indonesia. Land use change can be a cause of disputes followed by the development of plantation development that continues to increase causing increased demand for land. Communal rights to customary community land should be given legal protection. These communal rights shall be regulated in the Regulation of the Minis
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Hamler, Hamler. "Penegakan Hukum Tanah." Penegakan Hukum Tanah 1, Vol 1 No 2 (2018): Nagari Law Review (NALREV) (2018): 11. https://doi.org/10.5281/zenodo.1245221.

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Land has an important role to human livelihood and the economic need for land that is inversely proportional to the availability of the amount of land (tendrung is static) to be one factor triggering the spike in the number of disputes, conflicts and land affairs that occurred in Indonesia. Land use change can be a cause of disputes followed by the development of plantation development that continues to increase causing increased demand for land. Communal rights to customary community land should be given legal protection. These communal rights shall be regulated in the Regulation of the Minis
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3

Murniwati, Rahmi, Nanda Utama, and Reza Wahyudi. "Dispute over Customary Land of the Bodi Sapik Clan, Certified Without the Permission of the Mamak Kapalo Waris and Its Settlement in Jorong Baruah, Tanah Datar." Ekasakti Journal of Law and Justice 2, no. 2 (2024): 139–48. https://doi.org/10.60034/42bpvp84.

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Land disputes arise from conflicts of interest over land. Communal customary land is one type of land that is often disputed. One such dispute over communal customary land belonging to the Bodi Sapik clan occurred in Jorong Baruah, Nagari Padang Magek, Tanah Datar Regency. In this case, the communal customary land was certified without the permission of the head heir. West Sumatra Regional Regulation No. 7 of 2023 on Communal Customary Land states that the head heir is the leader of the communal customary land. Furthermore, Article 13 stipulates that the management and utilization of communal
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4

Yulidia, Yulidia, and Amad Sudiro. "LAND DISPUTE BETWEEN MAMAK AND NEPHEW OVER CENTURIES-OLD INHABITED LAND BASED ON JUDGE'S DECISION." Awang Long Law Review 7, no. 2 (2025): 376–82. https://doi.org/10.56301/awl.v7i2.1509.

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Minangkabau society adheres to a matrilineal kinship system, where ancestral land (pusaka tinggi) is inherited collectively by female family members and cannot be transferred outside the lineage. The legal relationship between customary law communities and their land creates inherent rights that ensure communal ownership and usage. However, disputes often arise regarding land ownership and inheritance due to differing interpretations of customary laws. This research aims to analyze the resolution of inherited land disputes within the Minangkabau community, specifically in the Batang Kapas area
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Muhammad, Arafah Sinjar, Yuli Yuliana, Surahmad, Desi Yayi Tarina Dwi, Satino, and Manihuruk Hermina. "The Role of Custom Law in Settlement of Ulayat Land Disputes." International Journal of Social Science And Human Research 06, no. 08 (2023): 4617–21. https://doi.org/10.5281/zenodo.8204513.

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Recognition of customary communal land is a problem that requires an appropriate pattern of handling including customary land in Makassar. This study aims to analyze the dispute resolution approach that guarantees legal certainty and examine the factors that influence the construction of customary community land dispute resolution in Makassar. This research uses normative legal research and empirical legal research. The analytical method used in this study is descriptive analysis obtained from qualitative and quantitative data. The results of the study show that the essence of customary law la
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Azizah, Hadri Yanti, Linda Rachmainy, and Hazar Kusmayanti. "Tahapan Penyelesaian Sengketa Tanah Ulayat di Nagari Tungka Kabupaten 50 Kota Melalui Lembaga KAN Berdasarkan Adat Salingka Nagari." COMSERVA Indonesian Jurnal of Community Services and Development 2, no. 4 (2022): 405–16. http://dx.doi.org/10.59141/comserva.v2i4.296.

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Ulayat land disputes are land disputes over ulayat rights that occur in the Minangkabau customary law community. The provisions of Article 12 paragraph (1) of the West Sumatra Regional Regulation Number 6 of 2008 concerning Communal Land and Its Utilization states that Communal Land Disputes in Nagari are resolved by the Nagari Adat Density (KAN) according to the provisions as long as the applicable custom, 'bajanjang naiak Batanggo turun' and endeavored by way of peace through deliberation and consensus in the form of a peace decision. KAN plays a role in resolving ulayat land disputes that o
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7

Guntur Rapi Sanjaya and Bima Adi Putranto. "Analisis Putusan Majelis Hakim Pengadilan Negeri Balige terhadap Penerapan Hukum Waris Adat Batak dalam Pembagian Hak Waris." Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora 2, no. 1 (2023): 189–98. http://dx.doi.org/10.59059/mandub.v2i1.893.

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Patrilineal inheritance, a customary system practiced in various Indonesian traditions, designates inheritance passing through the paternal lineage. However, complications arise when heirs lack male descendants or those recognized as legitimate by customary norms. Customary practices within the community often address these issues. Judicial panels frequently adjudicate disputes related to patrilineal inheritance to ensure equitable resolutions. Judges, empowered by the Judicial Power Law No. 48 of 2009, make decisions based on a comprehensive understanding of the legal framework and case circu
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8

John, Izuchukwu Jonathan, and Amarachi Kalu. "Are we still Brethren? Arms Proliferation, communal land dispute in Ishinkwo & Abaomege Communities in Ebonyi State, Nigeria." Scholarly Journal of Social Sciences Research 3, no. 5 (2024): 47–58. https://doi.org/10.5281/zenodo.13888477.

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<em>Globally, community security seeks to address the well-being of persons living within a&nbsp; recognised geographical boundary and the deployment of military might to ensure no breach&nbsp; of territorial integrity in such legally recognised spaces. Unfortunately, the trafficking of&nbsp; light arms and weapons has changed the dynamics of land disputes in Nigeria. There is little&nbsp; evidence about the dynamics of arms proliferation in communal land disputes, and the role&nbsp; of clan-based community association in conflict lifespan. Hence, this paper explores these&nbsp; issues through
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9

Haning, Semuel. "The Role of Customary Law in Resolving Land Disputes in Indonesia's Indigenous Communities." International Journal of Social and Human 2, no. 2 (2025): 205–15. https://doi.org/10.59613/m15tkg12.

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Customary law plays a crucial role in resolving land disputes among indigenous communities in Indonesia. As a traditional legal system deeply rooted in local values and communal consensus, customary law provides a culturally relevant and accessible dispute resolution mechanism. However, despite its effectiveness in maintaining social harmony, customary law often lacks formal recognition within Indonesia’s national legal framework, leading to legal uncertainty and conflicts between indigenous communities, corporations, and government entities. This study employs a qualitative research methodolo
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10

Bukhari, Faisal. "THE ROLE OF “KERAPATAN ADAT NAGARI (KAN)” IN SOLVING THE DISPUTE OF COMMUNAL LAND." JCH (Jurnal Cendekia Hukum) 6, no. 2 (2021): 329. http://dx.doi.org/10.33760/jch.v6i2.340.

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According to miankabaunese’s traditional law, when a dispute or disagreement occurs in a community, it is resolved by consensus among members of the clan or clan leaders which ends in the fellowship of local custom assosiation called with “Kerapatan Adat Nagari (KAN)”. The problem formulation of this research is; what is the role of Kerapatan Adat Nagari (KAN) in resolving communal land (tanah Ulayat) disputes in one of local villager called Kenagarian Bukik Sikumpa, Lima Puluh Kota Regency? and how the efforts of Kerapatan Adat Nagari (KAN) to overcome obstacles in resolving communal land dis
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Dissertations / Theses on the topic "Communal Land Dispute"

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Kavela, L. T. T. "Developing a land information systems (LIS) application for communal land dispute resolution : a case study of the Oshana Communal Land Board." Thesis, 2005. http://hdl.handle.net/10413/3437.

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The issue of land recording and keeping in the Communal Area of Namibia has been a severe dilemma to the Government. Various types of land disputes are on increase and continue to be predominant despite various Acts, Policies and other related Legislations on the Land Administration and Management passed by Namibian Parliament. Since the establishment of the Oshana Communal Land Board, effort was made to keep conventional records of information pertaining to land parcels in communal areas of Oshana Region. However, spatial information about the land ownership records is still not available in
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Alfredo, Benjamin. "Alguns aspectos do regime juridico da posse e do direito de uso e Aproveitamento da Terra e so conflitos emergentes em Mocambique." Thesis, 2009. http://hdl.handle.net/10500/3050.

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Southern Africa is experiencing land conflicts themselves in very different ways between state and stakeholders, within and between communities, within families, and specially within singular persons. The conflict of interests in the right to land in southern Africa with particular reference to Mozambique becoming a major issue and evidence conflicts at various levels of society and some of them are quite destructive. The present thesis seeks to address some juridical aspects on access, tenure and land use rights. Land problems have clear roots in the dispossession of Africans under colo
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Books on the topic "Communal Land Dispute"

1

Rose, Laurel L. Disputes in common property regimes (CPR's). Land Tenure Center, University of Wisconsin-Madison, 1996.

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2

Bruce, John W. Legal bases for the management of forest resources as common property. Food and Agriculture Organization of the United Nations, 1999.

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3

Legislature, Lower Canada. Bill to authorise the chairman and trustees of the common of the Seigneurie of the Baie St. Antoine, commonly called the Baie du Febvre, to terminate certain disputes relating to the limits of the said common, and for other purposes appertaining to the same: Bill pour autoriser les président et les syndics de la commune de la Seigneurie de la Baie St. Antoine, communément appellée Baie du Febvre, à terminer certaines disputes relativement aux limites de la dite commune, et pour d'autres objets y appertenant. s.n., 2001.

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4

The underdevelopment of Tivland: Through land disputes and communal clashes : radical suggestions for a positive change. Return Press, 2000.

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5

Coleman, Edward. Disputed Possession, Legal Process, and Memory in Thirteenth-Century Lombardy. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198777601.003.0022.

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On 3 March 1193, in the episcopal palace of Piacenza, in the presence of the bishop of Piacenza and a papal legate (Cardinal Peter of S. Cecilia), Gandolfo, abbot of the Piacentine monastery of S. Sisto, presented a copy of an imperial diploma of the emperor Louis II, dated 4 November 862. The document recorded the donation of the curtes of Guastalla and Luzzara to Louis’ wife, the empress Angilberga, who subsequently left the same lands to the monastery in her will. Abbot Gandolfo stated that the lost original of the imperial diploma had been furnished with a golden seal and three monks of S.
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Book chapters on the topic "Communal Land Dispute"

1

Olwage, Elsemi. "6. The politics of authority, belonging and mobility in disputing land in southern Kaoko." In Etosha Pan to the Skeleton Coast. Open Book Publishers, 2024. http://dx.doi.org/10.11647/obp.0402.06.

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The focus of this chapter concerns the interwoven politics of authority, belonging and mobility in shaping ‘customary’ land-rights in southern Kaoko. I argue that ancestral land-rights need to be understood as a social and political rather than a historical fact, and one which is relationally established and re-established in practice, over time, and at different scales. The chapter draws on research conducted from 2014 to 2016 comprising a situational analysis of a land and grazing dispute in southern Kaoko, in and around Ozondundu Conservancy. It shows how persons and groups were navigating
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2

Marjanucz, László. "A földközösség újjáéledése az Alföldön a 18. században." In Fontes et Libri. Szegedi Tudományegyetem, 2023. http://dx.doi.org/10.14232/btk.2023.sje.14.

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The major issue of the territories liberated from the Turks was the resettlement of the destroyed villages and the establishment of a new hierarchy of the settlements. For the individual and family settlers a whole new range of possibilities opened not bound neither by territorial nor by residential issues. Since there were few settlers and plenty of land, a borderland use based on the idea of free land occupation was developed, which did not allow the formation of a real community. However, the arrival of more settlers resulted in the increase of the number of claimants for land. It was not l
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3

Banda, Annabel, and Mthuthukisi M. Ncube. "Alternative Dispute Resolution Techniques for Intertwined Artisanal Mining-Communal Farming Conflict." In Sustainable Practices for Agriculture and Marketing Convergence. IGI Global, 2024. http://dx.doi.org/10.4018/979-8-3693-2011-2.ch010.

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The chapter discusses challenges of artisanal mining (AM), a nature-based livelihood strategy, in promoting sustainable agricultural practices. It highlights how AM competes for biodiversity and ecosystem services and causes environmental damage and a shift from traditional sustainable agricultural practices land-use tenure to uncontrolled itinerant AM. Methodologically, the chapter reviewed secondary systematic-literature review (SLR) of articles articulating the use of alternative dispute resolution (ADR) techniques. These include facilitated mediation, negotiation, and arbitration that yiel
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4

Longinović, Tomislav. "Istria as Heterotopia." In Cultures of Mobility and Alterity. Liverpool University Press, 2022. http://dx.doi.org/10.3828/liverpool/9781802070194.003.0007.

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Interrogating a border space in the chapter “Istria as Heterotopia: Migration, Space, and Translation at the Ends of Europe,” Longinović employs Foucault’s notion of heterotopia, a perfect symptom of the way spatial notions are affected by the multiplicity of possible meanings. In the context of the looming border dispute between communist Yugoslavia and capitalist Italy, the pre-historic relationship to the land as soil and labour invoked by Istrian-born Italian author Fulvio Tomizza coexists in the heterotopic zone of the Balkans in a language of territorial identity requiring no words at al
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Home, Robert. "Land, Property, and Human Rights in AU Law and Policy." In The Emergent African Union Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198862154.003.0016.

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The importance of land as property and a natural resource is increasingly recognized internationally and in the Banjul Charter of Human and Peoples’ Rights. UN-Habitat operates a Global Land Tools Network (GLTN) to improve access to land for the poor and regularization of informal settlements. The AU recognizes the importance of land policy and its legal regulatory framework, for instance in the AU Declaration on Land Issues (2009), and recent judgments of the African Court of Human and Political Rights relate to land in violations of the right to property. Many disputes and conflicts over lan
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Giddens, Elizabeth. "Life in the Out Towns." In Oconaluftee. University of North Carolina PressChapel Hill, NC, 2023. http://dx.doi.org/10.5149/northcarolina/9781469673417.003.0004.

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Abstract During the colonial era, the Out Towns of the Cherokee Nation were located in the Oconaluftee Valley. The deerskin trade transformed Cherokees’ subsistence economy. Though rarely the center of trade or power disputes between the Cherokees and British or French, Out Towns residents were impacted by economic and political competition among traders, colonial governments, and other Indigenous peoples who wanted to dominate Cherokee land and people. Distrust and failed negotiations with James Glen, the British Governor of South Carolina led to the Cherokee War, which ended with a Cherokee
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