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Journal articles on the topic 'Communal Land Dispute'

Author: Grafiati

Published: 7 June 2025

Last updated: 2 August 2025

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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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2

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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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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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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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  recognised geographical boundary and the deployment of military might to ensure no breach  of territorial integrity in such legally recognised spaces. Unfortunately, the trafficking of  light arms and weapons has changed the dynamics of land disputes in Nigeria. There is little  evidence about the dynamics of arms proliferation in communal land disputes, and the role  of clan-based community association in conflict lifespan. Hence, this paper explores these  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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11

Fatimah, Titin, and Hengki Andora. "POLA PENYELESAIAN SENGKETA TANAH ULAYAT DI SUMATERA BARAT (Sengketa antara Masyarakat dengan Investor)." Jurnal Ilmu Hukum 5, no. 1 (2014): 11. http://dx.doi.org/10.30652/jih.v4i1.2085.

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As other territories in Indonesia, theusing of communal land by privateenterprise has been also creatingdisputes in West Sumatra. Accordingto the law of land procurement inIndonesia, for getting land, a privateenterprise should contact the landowners (or traditional communities)as the subject of communal land formaking contract directly. As amatter of fact, they have got the landfrom the Local Government not fromthepeople.Thecommunitiesprotested to the corporate activitieson their land. Beside that, the privateenterprises have got agrement withcommunities, but they did not followit, for instan

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Siddiqui, Muhammad Ali Haider. "Land Dispute Settlement: A Key Issue to Ensure Long-lasting Peace in Chattogram Hill Tracts." Journal of Current Social and Political Issues 2, no. 2 (2024): 102–12. http://dx.doi.org/10.15575/jcspi.v2i2.754.

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Chattogram Hill Tracts (CHT) constitutes nearly 10% of the total landmass of Bangladesh. Extremely beautiful, yet this part of Bangladesh was ravaged by almost 27 years of insurgency. It indeed came to a formal end with the signing of the historic Peace Agreement between the Government of Bangladesh and Parbattya Chattagram Jana Sanghati Samiti (PCJSS) on 02 December 1997. So far, 48 out of the 72 clauses have already been implemented and the rest are in the process. The land issue is one of the major issues that have beset the progress of the agreement. Most communal clashes and unwanted situ

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Fitri, Yulia, Kurnia Warman, and Zefrizal Nurdin. "Dispute on Use of Nagari Ulayat Land for Plantation Business by PT. Permata Hijau Pasaman in Nagari Kapa, Pasaman Barat Distruct." International Journal of Multicultural and Multireligious Understanding 10, no. 6 (2023): 247. http://dx.doi.org/10.18415/ijmmu.v10i6.4718.

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The dispute over the use of Nagari Kapa Ulayat Land began with the submission of control of Nagari Kapa Ulayat Land to an investor, namely PT. Permata Hijau Pasaman, which was used for an oil palm plantation business. This transfer of control was based on a statement of agreement for the handover of 1.600 hectares of land dated February 6, 1997, which was handed over to the regent as the regional head, as is Article 9 Paragraph 3 of the West Sumatra Regional Regulation Number 6 Of 2008 Concerning Communal Land and its utilization which reads “Utilization of Communal Land for the Benefit of Leg

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Abbasi, Saif, Rizwana, and Saima Safdar. "LITIGATION ON LAND DISPUTES AND ITS IMPACTS ON FAMILY HEALTH AND CHILDREN EDUCATION." DECEMBER 02, no. 02 (2021): 171–82. http://dx.doi.org/10.53664/jsrd/02-02-2021-07-171-182.

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The Land is a finite natural resource and important factor of production since the existence of human being on land. It is a fundamental for survival of life and human livelihood, with immense social, cultural, commercial, aesthetic and spiritual value. The land related disputed and clashes rate is very high in the country due to huge population attached with agriculture and other land cultivations sectors. This time taking situation brings number of the social, psychological and obstacle and barriers in life of concerned litigated families and their children. Considering the intensity and imp

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15

De Juan, Alexander. "“Traditional” Resolution of Land Conflicts: The Survival of Precolonial Dispute Settlement in Burundi." Comparative Political Studies 50, no. 13 (2017): 1835–68. http://dx.doi.org/10.1177/0010414016688006.

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Where and how have precolonial institutions of conflict resolution remained intact? Although it is often argued that “traditional” institutions can play a key role in managing communal conflicts, little is known about the conditions of their “survival.” This article argues that historical, political, and cultural topographies are essential to understanding patterns of the persistence and demise of precolonial institutions. Traditional modes of conflict resolution remain strong where they have been internalized over centuries: in the cultural and political centers of precolonial states. I use o

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., Stella, and Hasni . "ANALISIS TERHADAP TANDA BUKTI HAK ATAS TANAH BERDASARKAN UUPA DAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TERKAIT PENGGUNAAN GIRIK NOMOR 87 PERSIL 157 KELURAHAN CENGKARENG BARAT (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 2459K/PDT/2014)." Jurnal Hukum Adigama 1, no. 1 (2018): 1013. http://dx.doi.org/10.24912/adigama.v1i1.2184.

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Since of Agrarian Law in Indonesia, western right land and communal right land have been converted into land right according to Agrarian Law so the state is obliged to provide legal assurance through land registration, with the end product is certificate as a proof of title. Proof is an important part of law society as it is the legal standing of land ownership. A strong proof of title is defined in the Agrarian Law and Government Regulation as the implementing regulation, however Indonesian society especially low-economy society still the old proof of title. The main issue is how Customary Ti

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17

Ginting, Bastanta Kurnia, Musakkir Musakkir, and Sri Susyanti Nur. "Buying and Selling of Ulayat Land Jointly Owned by Several Tribes in Jayapura City." Journal of Sosial Science 3, no. 3 (2022): 469–82. http://dx.doi.org/10.46799/jss.v3i3.345.

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his study is based on the fact that not all Ondoafi (clan’s leader) understand their position and authority in buying and selling ulayat land, especially for ulayat land whose ownership is carried out jointly by several tribes. This study aims to discuss the legal position of buying and selling customary land in Jayapura City, the Port Numbay Customary Council (LMA) in resolving disputes over customary land in Jayapura City, and position and role of tribal chiefs in Skouw Mabo village. Jayapura City is in the process of buying and selling customary land. This study uses empirical legal researc

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BUDIADNYANA, I. Gusti Putu, I. Made SUWITRA, and I. Nyoman SUKANDIA. "Legal Protection of Pauman Land in Karangasem District." Protection: Journal Of Land And Environmental Law 1, no. 2 (2022): 119–32. http://dx.doi.org/10.38142/pjlel.v1i2.596.

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Disputes over the registration of pauman land as individual plots through PTSL have been frequent. The author sees a gap between the predetermined norm and the implementationof the practice that exists in the awig-awig of Pura Pauman. The issues studied are related to pauman's legal status as a legal subject who can have land rights, and the model of registering Pauman's land rights. It is an empirical legal study with a statute, historical, case, an analysis of legal concepts, and legal sosiology approach. There are steps that can be taken to ensure that pauman has a strong position of

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Haroon, Sana. "Custodianship of Shahidganj in colonial Lahore: Land, land use and the formation of religious community, 1850–1936." Indian Economic & Social History Review 54, no. 2 (2017): 183–220. http://dx.doi.org/10.1177/0019464617695678.

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This article presents the history of the administration and management of the Lahore Shahidganj, a site that was disputed between Muslims and Sikhs, from 1850 to 1936. Drawing on a rare and detailed record of land bequest, management of the Shahidganj site by its ‘unreformed’ Sikh mahants from 1850 to 1928, and representations by Anjuman-i Islamia and Shiromani Gurdwara Parbandhak Committee (SGPC), this article accounts for almost 100 years of history of development, use of and ambitions for this site. This highly textured account of personal and familial interests, urban land use and Sikh and

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20

Darmawansyah, Darmawansyah, Jainuddin Jainuddin, and Hikmah Hikmah. "Restorative Justice in Settlement of Indigenous Based Land Dispute: Study of Mpili Village Donggo District Bima Donggo Regency." Jurnal Mediasas: Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah 8, no. 2 (2025): 320–29. https://doi.org/10.58824/mediasas.v8i2.344.

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The study discusses related to Justice Restorative Analysis of the Resolution of Land Disputes through Indigenous. The background of the problem in the study is the resolution of the dispute of land heirs through formal law is considered inadequate in solving the root of the problem thoroughly, because it ignores the social and cultural aspects of the local community. The research method used is an empirical juridical approach with qualitative methods. Data is collected through library studies, in-depth interviews with customary figures, legal experts, and parties involved in heir land dispute

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Papastathis, Konstantinos, and Ruth Kark. "The Politics of church land administration: the Orthodox Patriarchate of Jerusalem in late Ottoman and Mandatory Palestine, 1875–1948." Byzantine and Modern Greek Studies 40, no. 2 (2016): 264–82. http://dx.doi.org/10.1017/byz.2016.7.

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This article follows the course of the prolonged land dispute within the Orthodox Church of Jerusalem between the Greek religious establishment and the local Arab laity from the late Ottoman period to the end of the British Mandate (1875–1948). The article examines state policies in relation to Church-owned property and assesses how the administration of this property affected the inter-communal relationship. It is argued that both the Ottoman and the British authorities effectively adopted a pro-Greek stance, and that government refusal of the local Arab lay demands was predominantly predicat

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ATANASIU, Mirela. "MULTILATERAL CONFLICTS OF PALESTINE - HISTORY, PRESENT AND TRENDS." Strategic Impact 79, no. 2 (2021): 56–77. http://dx.doi.org/10.53477/1841-5784-21-04.

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Palestine, a historical land inhabited by both Jews and Arabs, has been the source of disagreement for the two ethnic communities since their establishment in this territory. Over time, as a consequence of this antagonism, the Middle East region has hosted a multilateral conflict generated by a number of factors (historical, ethnic, national and religious), which is currently manifested in three subsequent disputes: Arab-Israeli, Israeli-Palestinian and religious. The social dispute was initially generated by the inter-communal misunderstandings between Arabs and Jews, in the territory of the

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Suwardi, Suwardi, and Rustan Rustan. "Settlement of Disputes Over Indigenous Land Ownership Based on Traditional Law." International Journal of Social Science Research and Review 5, no. 3 (2022): 1–5. http://dx.doi.org/10.47814/ijssrr.v5i3.222.

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The research used in this dissertation process uses a type of legal research, the way it works is researching library or secondary materials that have been collected. The civil justice system contains norms and principles that provide space for the practice of customary justice which has a combination of characteristics as informal justice, communal justice, alternative dispute resolution and simplified court regardless of the inconsistency of laws and regulations regarding the existence of customary justice in the power system positive Indonesian judiciary. The state and positive judicial sys

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LUTSENKO, D. "Property expectations in the Anglo-Saxon legal system." INFORMATION AND LAW, no. 2(49) (June 12, 2024): 230–39. http://dx.doi.org/10.37750/2616-6798.2024.2(49).306295.

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This article examines the concept of proprietary expectations in the context of the Anglo-Saxon legal system. It analyzes the nature and significance of property expectations for individuals and companies operating in this legal system. Research focuses on how property expectations affect legal relationships, including contractual obligations, property, and other aspects of civil law. Understanding this concept is important for the effective functioning of the legal system and ensuring justice in society. The Anglo-Saxon legal system, emerging in England before the Norman Conquest of 1066, pro

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Wulansari, RR Catharina Dewi, and Journal Manager APHA. "The Role of The Government in The Recognition of Customary Rights to Achieve Economic Development of Customary Law Communities." Journal of Indonesian Adat Law (JIAL) 1, no. 1 (2020): 109–45. http://dx.doi.org/10.46816/jial.v1i1.18.

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Every State wants a condition in which the people have a prominent level of welfare and prosperity, because that condition can reflect how a state has been successful in carrying out its development. The existence of development that can lead to prominent level of welfare and prosperity, certainly, shows the success of a state in achieving the state's goals. But in practice it is often found that the people of a state do not have a prominent level of welfare and prosperity due to the unprotected rights of the people. The lack protection rights of the people are one form of social problems; whi

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Manik, Herlina, Suhermi Suhermi, and Pahlefi Pahlefi. "URGENSI PELAKSANAAN PENDAFTARAN TANAH ADAT DI PROVINSI JAMBI." Ensiklopedia of Journal 4, no. 2 (2022): 143–51. http://dx.doi.org/10.33559/eoj.v4i3.1045.

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Land is a vital component of human life and has economic worth. According to a Javanese adage, "sedhunuk bathuk senyarii bumi" signifies that one inch of land will be preserved even at the cost of one's life. The lack of legal protection for indigenous people's land has resulted in a plethora of land conflicts with parties with legal standing. Indigenous people have had a difficult time protecting their land against parties with legal protection due to the lack of formal and legitimate land ownership proof. Formal and authentic evidence of property ownership is critical in preventing land disp

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Harahap, Yudhi Ramadani, Ibnu Hajar, and Robert Sibarani. "Etnografi Masyarakat dan Hukum Adat Kabupaten Humbang Hasundutan Sumatera Utara." JUPIIS: JURNAL PENDIDIKAN ILMU-ILMU SOSIAL 11, no. 2 (2019): 260. http://dx.doi.org/10.24114/jupiis.v11i2.13841.

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This scrip is a "blue print" of the community and customary law in Humbang Hasundutan District of North Sumatra. Aim to find solutions to resolve conflicts related to agrarian resources. Access rights to communal land, applied implementation in policy determination, exploration, conflict mitigation. Describe the legal system and local wisdom that live in indigenous peoples. The research research method uses qualitative research with the ethnographic approach of James P. Spradley. The technique of collecting data is in-depth interviews, participant observation and oral traditions. This ethnogra

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Arraiza, José-María. "Squaring Indigenous Circles: The Making of Nicaragua’s Indigenous Communal Property Regime." International Journal on Minority and Group Rights 19, no. 1 (2012): 69–103. http://dx.doi.org/10.1163/157181112x620546.

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International standards on indigenous peoples contain a theoretical promise of spatial empowerment and traditional governance as part of autonomy which in practice is not absent of conflict and human rights concerns. Western “square” individual property rights conceptions are confronted with “circular” communal property relations. Legitimate interests of indigenous communities conflict with non-indigenous ones. The communal administration of the land is to be balanced with environmental protection. This article problematizes these dilemmas by analyzing the development of a communal property sy

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Utile, Timothy Igbakula, and Hinjam Wilfred Tarnongo. "Traditional Institutions and the Management of Communal Conflicts in Gwer-East Local Government Area of Benue State, Nigeria." International Journal of Research and Innovation in Social Science VIII, no. IV (2024): 223–36. http://dx.doi.org/10.47772/ijriss.2024.804018.

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This study examined traditional rulership institution and the management of communal conflicts in Gwer-East local Government Area, Benue State of Nigeria. The study aimed at finding out why there is a persistence of communal conflicts in the study area even with the efforts by traditional rulers to help manage them. The study pursued objectives that range from; ascertaining the relevance of the traditional rulers in communal conflict management, identifying the causes of communal conflicts, examining the effectiveness of traditional rulers in the management of communal conflicts, identifying t

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Prasetyo, Agung Basuki. "Penyelesaian Sengketa Tanah Masyarakat Adat Karuhun Urang (AKUR) Di Desa Cigugur Kuningan Melalui Lembaga Peradilan." Law, Development and Justice Review 2, no. 1 (2019): 72–84. http://dx.doi.org/10.14710/ldjr.v2i1.5003.

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ABSTRACDispute resolution through judicial institutions on land in the Karuhun Urang (AKUR) Indigenous Community of Cigugur Village, Kuningan Regency has won the Plaintiffs based on inheritance law, while land according to the AKUR customary law cannot be inherited. Such rights in the legislation are referred to as communal rights. This writing is about fulfilling the principle of justice in the court ruling. The judgment of the judge in his decision considers the object of the dispute as inheritance, and does not consider the testimony of witnesses who are not sworn, because the religion colu

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Priyatmoko, Heri. "Konflik Tanah Bengkok di Pedesaan Jawa Kontemporer." BHUMI: Jurnal Agraria dan Pertanahan 3, no. 1 (2017): 35. http://dx.doi.org/10.31292/jb.v3i1.225.

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Intisari:Tulisan ini membahas proses konflik tanah bengkok di Desa Telukan yang terjadi pada permulaan abad XXI. Masyarakat pedesaan dicitrakan komunitas yang tenang, jauh dari sikap kritis, dan hidup guyub rukun mendadak berubah dengan pecahnya konflik tanah bengkok. Tanah bengkok dipahami warga sebagai kekayaan desa yang harus dijaga dan umumnya berlokasi tidak jauh dari desa. Sengketa agraria ini dipicu oleh rasa ketidakpuasan masyarakat terhadap pamong desa dan tokoh masyarakat yang melakukan tukar guling tanah kas desa. Sebagian masyarakat merasa ditinggalkan oleh aparatur desa dalam meng

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Priyatmoko, Heri. "Konflik Tanah Bengkok di Pedesaan Jawa Kontemporer." BHUMI: Jurnal Agraria dan Pertanahan 3, no. 1 (2017): 35. http://dx.doi.org/10.31292/jb.v3i1.88.

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Intisari:Tulisan ini membahas proses konflik tanah bengkok di Desa Telukan yang terjadi pada permulaan abad XXI. Masyarakat pedesaan dicitrakan komunitas yang tenang, jauh dari sikap kritis, dan hidup guyub rukun mendadak berubah dengan pecahnya konflik tanah bengkok. Tanah bengkok dipahami warga sebagai kekayaan desa yang harus dijaga dan umumnya berlokasi tidak jauh dari desa. Sengketa agraria ini dipicu oleh rasa ketidakpuasan masyarakat terhadap pamong desa dan tokoh masyarakat yang melakukan tukar guling tanah kas desa. Sebagian masyarakat merasa ditinggalkan oleh aparatur desa dalam meng

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Tlale, Mpho Tsepiso. "Conflicting Levels of Engagement under the Interim Protection of Informal Land Rights Act and the Minerals and Petroleum Development Act: A Closer Look at the Xolobeni Community Dispute." Potchefstroom Electronic Law Journal 23 (June 18, 2020): 1–32. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a6856.

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The South African customary land tenure system is currently administered in terms of the Interim Protection of Informal Land Rights Act 31 of 1996 (IPILRA). As the name suggests, this is a temporary measure to protect vulnerable customary land rights while awaiting permanent communal land tenure legislation. In terms of section 2(1) of the IPILRA, no person may be deprived of any informal right to land without his or her consent. This provision is subject to subsection (4) of the IPILRA, the Expropriation Act 63 of 1975 or any other law that provides for the expropriation of land rights. Accor

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Orozco López, Efrén. "Apropiación territorial y construcción de identidad colectiva frente al despojo de recursos. el caso del geoparque mundial mixteca alta, Oaxaca, México." Empiria. Revista de metodología de ciencias sociales, no. 48 (September 10, 2020): 67. http://dx.doi.org/10.5944/empiria.48.2020.28071.

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Una discusión reciente en México es la posesión territorial. Este artículo comprende cuatro apartados que discuten tal fenómeno. El primero refiere al despojo como proceso histórico que se da por la disputa de recursos naturales, se ejemplifican dos casos de México y se plantean a los geoparques mundiales como alternativas de apropiación territorial de comunidades originarias. El segundo analiza fundamentos de los geoparques, y su situación en Latinoamérica, especificando al Geoparque Mundial Mixteca Alta (GMA). El tercero aborda la Educación Popular como paradigma de análisis, enfatizando al

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Borolla, Areos Brenord. "Legal Position Open and Closed Traditional Court Decisions Relating to Indigenous Land Disputes in Malamoi Sorong Region in Positive Law (Case Study Between the Clan Malibela Klawalu Against the Clan Malibela Klaifi)." International Journal of Social Science Research and Review 5, no. 5 (2022): 289–94. http://dx.doi.org/10.47814/ijssrr.v5i5.314.

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The type of research used in this research is normative legal research. Whereas in civil justice system, there are norms and principles that provide space for practice of customary justice which has a combination of characteristics as informal justice, communal justice, alternative dispute resolution, and simplified court regardless of inconsistency and inconsistency of laws and regulations regarding the existence customary justice system in Indonesian judicial system that applies positively. The influence of the position of customary courts in the civil justice system is especially apparent i

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Tafkir, Tafkir. "Human Rights Manifestation Through Enforcement of Communal Land Ownership Rights for Women in Minangkabau." HUMANISMA : Journal of Gender Studies 5, no. 1 (2021): 93. http://dx.doi.org/10.30983/humanisme.v5i1.4042.

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<p>A complex issue that is very difficult to unravel in the Minangkabau community is about communal land as a high inheritance according to Minangkabau customs. In Minangkabau custom, the land is women's right, but in control and who takes the lead to maintain land tend to cause dispute between men and women in its development and utilization. High inheritance assets that women should own should be fully controlled and utilized by the brothers. Meanwhile, women must be willing to leave the clan to find residential or agricultural land. This problem becomes more acute when economic proble

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Oluwakemi, Olowolafe, Olawale Olonade, and Christiana Adetunde. "A Contextual Analysis of Three Major Tribes’ Traditional Conflict Resolution Mechanisms in Pre-Literate Nigerian Society." Applied Research Journal of Humanities and Social Sciences 3, no. 3 (2020): 1–13. http://dx.doi.org/10.47721/arjhss202003018.

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This paper contextually analyzed three major tribes’ traditional conflict resolution mechanism in pre-literate Nigerian society. Conflict is very much part of human society and it is expected. Conflict resolution encompasses a range of processes gallantly aimed at alleviating or eliminating sources of conflict. Secondary sources of data with relevant literature were engaged and the Emile Durkheim theory of societal development was adopted as a theoretical framework. Findings show that in Yorubaland, conflict is seen as unavoidable, a positive development through which people understand each ot

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Andersson, Jens A. "The Politics of Land Scarcity: Land Disputes in Save Communal Area, Zimbabwe." Journal of Southern African Studies 25, no. 4 (1999): 553–78. http://dx.doi.org/10.1080/030570799108470.

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Prydatko, D., and O. Shvets. "Analysis of the Supreme Court’s practice regarding the correlation between the amount of rent for land owned by the state or municipality and the normative monetary valuation of the land plot." Uzhhorod National University Herald. Series: Law 2, no. 84 (2024): 278–84. http://dx.doi.org/10.24144/2307-3322.2024.84.2.38.

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This article analyzes the current position of the Supreme Court regarding disputes related to changes in rent payments due to changes in the normative monetary valuation of land. An analysis of the provisions of the Civil Code of Ukraine and the Land Code of Ukraine, which regulate the general principles of lease agreements, including land lease agreements and the specifics of leasing communal or state-owned land, has been conducted. The features of such agreements, as defined by the Law of Ukraine “On Land Lease,” are considered. A conclusion is made about the civil-law, dispositive nature of

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Ondere, Caleb Onyango, Kizito Muchanga Lusambili, Frank Khachina Matanga, and Josephat Nairutia Kemei. "The Nexus between Land Tenure System & Household Livelihoods." Jumuga Journal of Education, Oral Studies, and Human Sciences (JJEOSHS) 7, no. 2 (2024): 1–15. http://dx.doi.org/10.35544/jjeoshs.v7i2.80.

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This article offers a comprehensive exploration of the evolution of land tenure systems, spanning from the pre-colonial period through the post-independence and adjudication eras. It delves into the intricacies of communal land tenure and sustainable resource management practices prevalent in the pre-colonial era, emphasizing their role in supporting household livelihoods. Transitioning into the colonial period, it examines the disruptive impact of economic dependency and social-cultural upheaval on household livelihoods. Moreover, it elucidates the ongoing challenges faced by communities, inc

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Diez Hurtado, Alejandro. "Propiedad y territorio como (diferentes) bienes comunes. El caso de las tierras de comunidades en la costa norte peruana/Property and territory as (different) common property. Community lands on the northern coast of Peru." Eutopía - Revista de Desarrollo Económico Territorial, no. 11 (July 14, 2017): 17. http://dx.doi.org/10.17141/eutopia.11.2017.2851.

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El artículo aborda el problema de la tierra comunal desde la perspectiva de los bienes comunes en los cambiantes y nuevos contextos contemporáneos. A través del análisis de dos comunidades del norte del Perú, muestra los cambios en los contenidos de los bienes comunes como en las organizaciones comunales que los gobiernan. Se desarrolla primero el proceso de formación de la propiedad comunal como bien colectivo, construido en el proceso de defensa de la tierra frente a las haciendas, analizando luego la problemática de la comunidad de Catacaos, sometida a presiones de titulación de tierras agr

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François, Kouassi N’goran, and N’drin Beugré Anselme. "Conflits Fonciers Intercommunautaires Et Fracture Sociale Dans Les Régions Du Guémon Et Du Cavally À L’ouest De La Côte d’Ivoire." European Scientific Journal, ESJ 12, no. 14 (2016): 240. http://dx.doi.org/10.19044/esj.2016.v12n14p240.

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The armed conflict that ravaged Côte d'Ivoire after the post-election crisis in november 2010 was sparked by several factors (land disputes, armed uprising of september 2002, tribal militias conquest of state power). In the regions of Guémon and Cavally that formed the epicenter of the war, intercommunal land disputes were instrumental in the outbreak of the war. These tensions between peasants have long caused confusion in the far west forest and contributed in part to the social division between indigenous and migrant communities. This qualitative study based on the phenomenological approach

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The, Sianny Cindy, Made Warka, Slamet Suhartono, and Endang Prasetyawati. "Legal Protection of Ulayat Lands of Indigenous Peoples Against the Threat of Land Commercialization." International Journal of Multicultural and Multireligious Understanding 9, no. 12 (2022): 300. http://dx.doi.org/10.18415/ijmmu.v9i12.4288.

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The existence of Communal Lands is increasingly threatened by the power of capital through various means which then excludes and even eliminates community access to their customary lands and forests. The issuance of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration which states that Customary Land, which in this case is Communal Land, can be granted Management Rights, creates new problems, namely prone to commercialization of the land. The existence of the potential for commercialization will certainly have an impact on the sur

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Amin, Husna, Nanda Saputra, and Desi Asmaret. "The Intersection of Religion and Pancasila in Dalihan Na Tolu." JUPIIS: JURNAL PENDIDIKAN ILMU-ILMU SOSIAL 14, no. 2 (2022): 158. http://dx.doi.org/10.24114/jupiis.v14i2.39745.

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Humans' characteristics as social beings and God-created creatures are shaped by culture's past.) As long as there is life, culture will never disappear. Genoside occurs when the state commits ethnic massacres, inter-ethnic conflicts, inter-religious conflicts, and so forth. The diverse South Tapanuli community is relatively active, and kinship relationships are highly mobile. Descriptive qualitative research is used in this study. In order to keep the dalihan na tolu community strong and united, some disputes should go through mediation instead of the courts. The authority to control the land

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Ma'ruf, Ali, Moh Ainul Yakin, Ervita Septyanto Putri, Erlisa Akhlakul Karimah, and Oemar Moechthar. "Tracing the Continued Existence of Ulayat Land: Granting Management Rights in the Context of Protecting the Rights of Indigenous Peoples." Notaire 7, no. 1 (2024): 23–46. http://dx.doi.org/10.20473/ntr.v7i1.54223.

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AbstractThe issue of granting management rights over ulayat land to third parties is still being debated. Management rights originating from communal land are contrary to the concept of the management right itself. Management rights, which are part of the authority of State control rights, are contradicted by management rights that can originate from ulayat land because indigenous peoples have ulayat rights on the ulayat land. For ulayat land that still has the status of ulayat rights of indigenous peoples, if given management rights, the ulayat rights must be released by the indigenous people

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Alakoz, V. V. "Private ownership of agricultural land is an economic asset (land capitalization) and rental system of agricultural land use." Zemleustrojstvo, kadastr i monitoring zemel' (Land management, cadastre and land monitoring), no. 6 (May 31, 2025): 330–38. https://doi.org/10.33920/sel-4-2406-01.

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The Nominal Highest Decree given to the Governing Senate by Emperor Nicholas II on November 9, 1906 regarding peasant land ownership and land use established that every householder who owns allotment of communal land can demand his personal land plot to personal ownership. In 1906-1911, when the government was headed by P.A. Stolypin (1862-1911), a number of laws were issued to impose individual ownership on peasant communal lands. Regarding the reform, P. A. Stolypin in a speech at a meeting of the State Duma on December 5, 1908, said: “The peasant must be given freedom to work, get rich, dis

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Than, Tin Maung Maung. "Myanmar in 2013." Asian Survey 54, no. 1 (2014): 22–29. http://dx.doi.org/10.1525/as.2014.54.1.22.

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The year 2013 in Myanmar saw parliaments disagreeing with the executive. A joint parliamentary committee to review and amend the Constitution was formed. Western sanctions were virtually withdrawn. A resurgence of communal violence, the emergence of Buddhist nationalism, and public protest over mega-projects, land rights, wage disputes, and freedom to demonstrate were worrisome developments. A nationwide ceasefire agreement remained elusive.

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Kennedy, A. G. "Disputes about bocland: the forum for their adjudication." Anglo-Saxon England 14 (December 1985): 175–95. http://dx.doi.org/10.1017/s0263675100001332.

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It is my purpose in this article to discuss one aspect of land tenure in Anglo-Saxon England. For good reason there has been little enduring agreement among scholars on fundamental tenurial questions, and opinion on issues of interest to legal historians has tended to be cyclical. There are no contemporary manuals on land law, and as legal documents the primary sources are intractable and opaque. It is hardly surprising, therefore, that scholars have held and continue to hold divergent views about the essential incidents that attached to bocland and folcland, the two types of tenure that are u

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Yaluwo, Buta, and Simon Abdi K. Frank. "Penyelesaian Sengketa Tanah (Adat) Suku Korowai." CENDERAWASIH: Jurnal Antropologi Papua 2, no. 1 (2021): 48–56. http://dx.doi.org/10.31957/jap.v2i1.2001.

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The purpose of this article is to describe and analyze the mechanism for resolving customary land disputes in the Korowai tribe. The research method used is the approach used in this study is a qualitative descriptive approach. The location of this research was determined in Yanimura District, Boven Digoel Regency. Because of the considerations in that place there are always land disputes. The data collection process used was observation, interviews and FGD. And the data analysis process includes stages, data categorization, data description and data interpretation. The results show that land

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Firmansyah, Fikri Hayqa, Pratama Windyarto Dhimas, and Haekal Fikri Hartono Muhammad. "Legal Certainty of Land Tenure of Customary Rights by Indigenous Peoples Based on the Administration of Customary Land." INTERNATIONAL JOURNAL OF SOCIAL SCIENCE HUMANITY & MANAGEMENT RESEARCH 2, no. 07 (2023): 615–20. https://doi.org/10.5281/zenodo.8149968.

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The fact that customary land is not included as an object of land registration in Government Regulation No. 24/1997 causes indigenous peoples' control over customary land not to be based on rights that can be proven in writing. This causes the rights of indigenous peoples over their customary land to be marginalised. Following up on this, the Government enacted Minister of Agrarian Affairs Regulation No. 9/2016 on Procedures for Determining Communal Rights to Land of Customary Law Communities and Communities in Certain Areas, which was later revoked and replaced by Minister of Agrarian Aff

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