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Journal articles on the topic 'Land tenure (Customary law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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1

Ubink, Janine M. "Tenure Security: Wishful Policy Thinking or Reality? A Case from Peri-Urban Ghana." Journal of African Law 51, no. 2 (2007): 215–48. http://dx.doi.org/10.1017/s0021855307000307.

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AbstractMany areas in Africa facing land shortage and competition witness increasingly restricted and insecure access to land for the poor majority. Mounting evidence of reduced tenure security shows that customary systems are often unable to evolve equitably. In contrast with this crisis in customary land administration, current international land policy is witnessing renewed interest in customary tenure systems. Ghana's current land policy resonates with this international trend. This article focuses on peri-urban Kumasi, Ghana, to acquire an insight into struggles and negotiations over cust

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2

Pienaar, Gerrit. "The Methodology Used to Interpret Customary Land Tenure." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (2017): 152. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2506.

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Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure. Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary

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Ye, Ruiping. "Torrens and Customary Land Tenure: a Case Study of the Land Titles Registration Act 2008 of Samoa." Victoria University of Wellington Law Review 40, no. 4 (2009): 827. http://dx.doi.org/10.26686/vuwlr.v40i4.5249.

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This article describes the customary land tenure in Samoa, and analyses the effects of the introduction of a Torrens system of land registration on the customary land tenure. In particular, it examines the registration of adjudicated customary land (customary land in respect of which judgment has been made by the Land and Titles Court) under the Land Titles Registration Act 2008, as well as the combined effect of the Taking of Land Act 1964 and Torrens registration on customary land. It argues that the LTRA 2008 may be repugnant to the Constitution and that the Torrens system is incompatible w

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Wala, Gevan Naufal. "Existence of Customary Land According to the Basic Agrarian Law." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 2, no. 2 (2023): 1143–46. http://dx.doi.org/10.57235/aurelia.v2i2.596.

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Land tenure by indigenous peoples tends to be ignored. This situation occurs because government policies do not pay attention to developments in land tenure by indigenous peoples. In essence, customary law is law that is recognized for public purposes. Because of this, the state and government should provide protection for the rights of indigenous peoples which are included in the state constitution. This is also stated in Law Number 5 of 1960 concerning Basic Agrarian Regulations. Traditionally owned land or called ulayat land, in essence according to custom is land that cannot be contested a

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Nwobi, J. C., and M. A. Alabi. "Access to Land and Legal Security of Tenure: Implications and Impact on Rural Development in Abia State, Nigeria." Journal of Physical Science and Environmental Studies 7, no. 2 (2021): 15–21. http://dx.doi.org/10.36630/jpses_21004.

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In the rural and communal settings, land rights are culturally attached to indigenous peoples in Nigeria, especially the inhabitants of the southern part of the country. Culturally, the customary land tenure system has generic value and security in such ways that it could be transferred from one owner to owner without restrictions. Security of land tenure is a vital ingredient that enhances the transferability of greater altitudes of investment. The study adopted a random sampling method and selected 1,061 house-owners and administered a set of structured questionnaires that contained question

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Wijaya, I. Ketut Kasta Arya, I. Made Suwitra, Ni Made Jaya Senastri, T. Nazarrudin, and Sulaiman. "Patterns of Indigenous Land Tenure and Utilization: Comparison of Customary Law in Balinese and Acehnese People." Asian Research Journal of Arts & Social Sciences 22, no. 3 (2024): 41–49. http://dx.doi.org/10.9734/arjass/2024/v22i3521.

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Aim: This study examines and analyzes changes in patterns of tenure and utilization of customary land in line with changes and developments in society in the era of globalization and tourism industry both in Bali and in Aceh. There were lands that were originally customary lands. Customary. Some have changed their function while others are still functioning as customary lands. The purpose of this study is to analyze the causes of changes in patterns of tenure and utilization of customary lands in the Indigenous Peoples of Bali and Aceh. Before the change in orientation related to the use of cu

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Ng'ong'ola, Clement. "Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure." Journal of African Law 36, no. 2 (1992): 140–67. http://dx.doi.org/10.1017/s0021855300009864.

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In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with co

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Farran, Sue. "South Pacific Land Law: Some Regional Challenges, Cases and Developments." Victoria University of Wellington Law Review 32, no. 4 (2001): 953. http://dx.doi.org/10.26686/vuwlr.v32i4.5864.

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Land in the South Pacific is largely regulated by introduced English Common Law. However, the vast bulk of the land in the region is held under different forms of customary land tenure, and the perceptions of land and its use are distinctly regional. In this article, the author considers how the Common Law has been adapted in the region to accommodate and reflect customary law and practice. Selected cases from the region are used to highlight the difficulties that the courts face in blending Common Law principles with customary practice and accommodating changing uses of land that challenge tr

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Nasir, Gamal Abdul, and Ade Saptomo. "Customary Land Tenure Values in Nagari Kayu Tanam, West Sumatra." Cosmopolitan Civil Societies: An Interdisciplinary Journal 14, no. 3 (2022): 30–45. http://dx.doi.org/10.5130/ccs.v14.i3.8099.

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The transfer of rights or transactions does not exist in customary land tenure because it is a common property; thus, it can never be transferred to another party. On the other hand, in the Minangkabau indigenous community, West Sumatra, there is a shift in the concept of ulayat land tenure that occurs through two forms of change with six values: religious-magical, self-existence, socio-kinship, cultures and customs, structural and socio-economic asset values. This research will present the concept of the customary land tenure, which is based on these values. The study uses the socio-legal met

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10

Dewees, Peter A. "Trees and farm boundaries: farm forestry, land tenure and reform in Kenya." Africa 65, no. 2 (1995): 217–35. http://dx.doi.org/10.2307/1161191.

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Tree cultivation and management are a common form of land use in high-potential areas of Kenya. While some of these practices are related to economic considerations, such as markets and prices for specific tree products, others were derived from or developed in parallel with customary practices. This article traces the origins of contemporary demarcation practices in Kikuyu areas of Kenya, involving the planting of trees in hedges and windrows, from their customary antecedents. Customary law prescribed clear mechanisms for demarcating land to which rights of use had been acquired. These mechan

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Sahari, Alpi. "The Rights of Controlling State in Indonesia Against Land Tenure of Customary Law Community." Randwick International of Social Science Journal 2, no. 2 (2021): 141–48. http://dx.doi.org/10.47175/rissj.v2i2.224.

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In order to achieve public welfare as tasks and responsibilities delegated to the government in the administration of public welfare (bestuurzorg) including the land sector which includes, among others, regulation, implementation of authority to enforcement of land law. Implementation of bestuurzorg by the government is more oriented towards economic democracy so that ignoring the principle of justice for indigenous peoples in controlling land parcels. The method used in this paper is juridical normative by applying an approach to legal principles and a legal synchronization approach both vert

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M. D., Md Damiri, Pakhriazad H. Z., Paiman B., and Mohd Hasmadi I. "Revisiting British Malaya's Era: An Intriguing Historical Legal Analysis of Land Administration and Colonial Forestry." Journal of Politics and Law 16, no. 4 (2023): 27. http://dx.doi.org/10.5539/jpl.v16n4p27.

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The land and forest administration system in Malaysia faces a complexity bias due to the misinterpretation of rules and legislation, leading to increased disputes. The reliance on British law for matters like land ownership amplifies this issue, and the intricacies of static and dynamic arrangements further compound the complexity. Previously, Malay rural land rights were based on usufructuary principles, but the colonial land alienation policy redefined unalienated land, land reserved for public purposes, and reserved forests as State Land. This study seeks to comprehensively review and analy

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Mackenzie, Fiona. "Conflicting Claims to Custom: Land and Law in Central Province, Kenya, 1912–52." Journal of African Law 40, no. 1 (1996): 62–77. http://dx.doi.org/10.1017/s0021855300007130.

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In antithesis to legislation on land tenure introduced through the Land Registration Act, 1959, premised on the notion in English common law that the right to allocate land was equivalent to exclusive ownership, “ownership” under customary tenure in Kenya was “essentially heterogeneous and divisible”. People differentiated by age, gender and wealth had bundles of rights defined, in Okoth-Ogendo's words, by “the status differentia which a particular category of membership in a production unit carries”. The complexity and elasticity of customary land law, Okoth-Ogendo demonstrates, derived from

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Daryono. "The Transformation of Land Law in Indonesia: The Persistence of Pluralism." Asian Journal of Comparative Law 5 (2010): 1–32. http://dx.doi.org/10.1017/s2194607800000259.

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AbstractTransforming a pluralistic tenure system into unified statutory rights has been a major objective of the development of property law in many developing countries. Many law and development scholars have assumed that unified land rights are a pre-condition to development and that a pluralistic tenure land system is a major source of uncertainty and insecurity. This article challenges this commonly held assumption by way of a case study of Indonesia's effort to unify the laws governing land. The author demonstrates that the unification of land law in Indonesia has not resulted in certaint

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15

Strack, Mick. "Land and rivers can own themselves." International Journal of Law in the Built Environment 9, no. 1 (2017): 4–17. http://dx.doi.org/10.1108/ijlbe-10-2016-0016.

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Purpose The purpose of this paper is to describe and critically review the new tenure arrangements that have been established to recognise Māori relationship with land (Te Urewera) and river (Whanganui River), to ascribe them their own legal personality. Design/methodology/approach The paper describes the development of the legal arrangements in Aotearoa, New Zealand, for Treaty settlements with Māori, and documents the various forms of rights and divisions of space that are changing the face of property institutions. Findings The paper finds that the acknowledgement of land and nature as havi

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Akowedaho, Bienvenu Dagoudo, Inoussa Guinin Asso, Bruno Charles Pierre O’heix, Soulé Akinhola Adéchian, and Mohamed Nasser Baco. "Access to Land for Agricultural Entrepreneurial Activities in the Context of Sustainable Food Production in Borgou, according to Land Law in Benin." Land 11, no. 9 (2022): 1381. http://dx.doi.org/10.3390/land11091381.

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Access to land is crucial for food systems to address the challenges caused by habitat and biodiversity loss, land and water degradation, and greenhouse gas emissions. Sustainable food production requires land security upstream for agricultural production. Land security emanates from the land law implemented in-country by government policy. In the span of a decade (2007–2017), three different land reforms have been adopted in Benin. This paper aims to investigate the land rights and land tenure security for sustainable food production according to land law and the factors that influence agricu

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Jenri Ranteallo and Yana Sukma Permana. "TINJAUAN YURIDIS TINDAK PIDANA PENYEROBOTAN TANAH ADAT DI KABUPATEN TORAJA UTARA." Juris 6, no. 2 (2022): 437–40. http://dx.doi.org/10.56301/juris.v6i2.614.

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Land grabbing is not a new problem that often occurs in Indonesia. Unlawful land grabbing is an unlawful act and can be classified as a criminal act. The formulation of the problem in this study is the regulation of customary land ownership in North Toraja district and legal settlement of criminal acts of land grabbing in North Toraja district. Ownership of customary land is marked by physical possession and recognition as stated in Article 24 paragraph (2) of Government Regulation Number 24 of 1997. Regarding customary land or Toraja indigenous people, it is called tongkonan land. The North T

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Widhyaningsih, Ni Komang Rai, and I. Made Suwitra. "TRAINING VILLAGE TENURE RIGHTS ON COASTAL LAND VS VILLAGE ULAYAT IN UNGASAN TRADITIONAL VILLAGE." NOTARIIL Jurnal Kenotariatan 8, no. 1 (2023): 32–36. http://dx.doi.org/10.22225/jn.8.1.2023.32-36.

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This paper analyzes the Customary Village Tenure Rights on Coastal Land as Village Customs in the Ungasan Traditional Village. The focus of the study in this paper is on land that has been certified and Ulayat land is joint land with the members of the customary law community concerned. The research method used in this paper is an empirical legal research method using the Legal Approach, Analytical, Case Approach, Customary Law Approach, and Legal Sociology Approach. The analysis of legal materials in this paper is carried out by using several legal theories, namely Legal Certainty Theory, Aut

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19

Piccinelli, Gian M. "A comparative overview on agricultural contracts in Sudan." Pravovedenie 67, no. 3 (2023): 272–83. http://dx.doi.org/10.21638/spbu25.2023.302.

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Sudan, like other African nations, has experienced challenges related to land ownership, aggravated by its previous status as the largest country in Africa before South Sudan’s secession. Traditionally, land in Sudan has been held collectively by tribes, managed by chiefs or tribal leaders through customary regulations. In this system, an individual’s right to land is derived from their membership in the community or tribe. Specific areas for communal use are exclusively reserved under customary law, where individuals can access them as a shared resource. This concept aligns with the notion of

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Arizona, Yance, and Umi Illiyina. "The Constitutional Court and Forest Tenure Conflicts in Indonesia." Constitutional Review 10, no. 1 (2024): 103. http://dx.doi.org/10.31078/consrev1014.

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With regard to access to land and forest resources, forestry legislation maintains an imbalance between the state, corporations, and local communities. Since the colonial era, forestry regulation has facilitated restrictions on the ability of local communities to benefit from land and forest resources, while also concentrating power in the hands of the state. To uphold state ownership, forestry law criminalizes customary practices, putting local communities at risk. In this sense, conflicts between local communities, corporations, and government agencies arise because of structural issues in t

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Unruh, Jon. "Land Policy Reform, Customary Rule of Law and the Peace Process in Sierra Leone." African Journal of Legal Studies 2, no. 2 (2008): 94–117. http://dx.doi.org/10.1163/221097312x13397499736507.

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AbstractArmed conflict is particularly destructive to socio-legal relations regarding land and property. Reconstruction priorities increasingly include the reform of property legislation as part of efforts to address the causes and reasons for continuation of conflicts. However, a pervasive problem is that postwar laws are extremely difficult to connect with informal on-the-ground developments regarding perceptions of spatially-based rights as populations pursue livelihoods, grievances and aspirations. Left unattended, the problem constitutes a potential flashpoint for a return to conflict. Th

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Irawan, Bimbi, Endriatmo Soetarto, Meti Ekayani, and Alinda F. M. Zain. "The Conversion of Ownership Type of Communal Land for Economic Activity, Resilience of Customary Law Community to State Policy." Jurnal Antropologi: Isu-Isu Sosial Budaya 25, no. 2 (2023): 201. http://dx.doi.org/10.25077/jantro.v25.n2.p201-211.2023.

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Communal land, the dominant form of land ownership in West Sumatra Province, is a legal place customarily to carry out economic activities with the principle of mutual benefit, and no transfer of communal land ownership is permitted. However, current state policies in economic activity tend to change the form of communal land ownership. The legality constructed by the state has made the transfer of ownership of communal land when used for economic activity, which disrupts the system of ownership and tenure of communal land. These conditions led to the emergence of community resilience in maint

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Otu, Michael Takim, and Joseph Edet. "The Status of Customary Tenants in Relation to Land Held by Him: An Overview of Customary Law." International Journal of Law and Society (IJLS) 2, no. 1 (2023): 1–18. http://dx.doi.org/10.59683/ijls.v2i1.34.

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The article seeks to examine the effects of the Land Use Act of 1978 on the customary system of land holding in Nigeria. Since the birth of the Act, the problem facing our courts, ordinary people and lawyers is determining the actual position of customary tenants under the system of property rights introduced by the Law. The empirical legal research method used in this study is a type of qualitative research. This method focuses on cases in the community using legal studies, while the scope of this research is the Land Use Act 1978 against the customary land tenure system in Nigeria. The resul

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Lubis, Ramiah, and Hijriyana Safithri. "LEGAL PROTECTION OF ULAYAT RIGHTS." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 21, no. 1 (2021): 81–92. http://dx.doi.org/10.19109/nurani.v21i1.6627.

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Land is the surface of the earth which is one of the objects regulated by Agrarian Law. The new Agrarian Law must comply with the legal awareness of the people at large. Because the Indonesian people are largely subject to customary law, the new agrarian law will also be based on the provisions of customary law as original law, which are refined and adjusted to the interests of the community. Customary law is the main source in the formulation of national land laws, as the first source. In the land law, the hierarchy of land tenure rights is regulated, including the Ulayat Rights. The method u

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Handayani, I. Gusti Ayu Ketut Rachmi, Lego Karjoko, Abdul Kadir Jaelani, and Jaco Barkhuizen. "The Politics Settlement of Land Tenure Conflicts During Jokowi’s Presidency." Journal of Indonesian Legal Studies 7, no. 2 (2022): 487–524. http://dx.doi.org/10.15294/jils.v7i2.57539.

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This study was prompted by the high rate of land tenure conflicts in forest areas. In the 2015-2020, a total of 10,000 conflicts were experienced in Indonesia, and a legal approach was used to conduct this normative study. Furthermore, the data collection was through literature and the legal norm method was used for analysis. The results showed that the government reduced the treatment of the conflict by establishing the Directorate of Customary Forest Tenure Conflict Management institutions and legal products of Presidential and Ministerial Regulations. However, the forest land tenure conflic

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Rösch, Ricarda. "A New Era of Customary Property Rights? – Liberia’s Land and Forest Legislation in Light of the Indigenous Right to Self-Determination." Verfassung in Recht und Übersee 52, no. 4 (2019): 439–62. http://dx.doi.org/10.5771/0506-7286-2019-4-439.

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After the end of Liberia’s civil war in 2003, the country embarked upon the reform of its forest and land legislation. This culminated in the adoption of the 2009 Community Rights Law with Respect to Forest Lands and the 2018 Land Rights Act, which NGOs and donors have described as being amongst the most progressive laws in sub-Saharan Africa with regard to the recognition of customary land tenure. Given these actors commitment to human rights, this article takes the indigenous right to self-determination as a starting point for analysing customary property rights and their implementation in L

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Budiman, I., T. Fujiwara, N. Sato, and D. Pamungkas. "Another Law in Indonesia: Customary Land Tenure System Coexisting with State Order in Mutis Forest." Jurnal Manajemen Hutan Tropika (Journal of Tropical Forest Management) 26, no. 3 (2020): 244–53. http://dx.doi.org/10.7226/jtfm.26.3.244.

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Local wisdom has been coexisting with the state system in several places in Indonesia. The Mountain Mutis Nature Reserve in East Nusa Tenggara province is the strict nature reserves, but a customary land tenure system, called suf, exists so far in the nature reserve. The objectives of this study are (1) to organize the historical territorialization process, (2) to clarify the customary land tenure system and activities for livelihoods by local people, and (3) to discuss the challenges of its land tenure system to manage forests sustainably as well as policy methods to harmonize legal pluralism

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C. S., Okafor,, and Udobi, N. A. "An Analysis of the Difference Between Traditional Land Tenure Systems and the Land Use Act, No 6 of 1978, Nigeria." Journal of Advanced Research and Multidisciplinary Studies 4, no. 3 (2024): 90–103. http://dx.doi.org/10.52589/jarms-ubb0ospq.

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Land tenure systems are important aspect of any society and the very soul through which societies and countries advance in civilization as they define the manner in which land is held and managed in a society. Even though traditional land tenure systems and customary land tenure systems existed before now, the promulgation of the Land Use Act introduced a new system of land ownership which repealed every other existing laws and introduced uniformity in the land ownership systems as practicable across the country. This paper examines the traditional land tenure systems applicable in Igbakwu com

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Farran, Sue. "Law, land, development and narrative: a case-study from the South Pacific." International Journal of Law in Context 6, no. 1 (2010): 1–21. http://dx.doi.org/10.1017/s1744552309990279.

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This article explores a primary source of legal studies, case-law, as a form of narrative in the context of indigenous land rights, and considers how this narrative negotiates pre-colonial land claims in a post-colonial context. Its case-study is the South Pacific island country of Vanuatu, a small-island, least-developed, nation-state, where laws introduced under Anglo–French colonial administration are still retained and sit uneasily alongside the customary forms of land tenure which govern ninety percent of all land in the islands. The article looks at the traditional and changing role of n

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Barry, Michael, and Ephraim Kwame Danso. "Tenure security, land registration and customary tenure in a peri-urban Accra community." Land Use Policy 39 (July 2014): 358–65. http://dx.doi.org/10.1016/j.landusepol.2014.01.017.

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Aminsyah, Aminsyah, and Andri Winjaya Laksana. "The Role of Notaries and PPAT in Protecting Gayo Customary Rights." Sultan Agung Notary Law Review 4, no. 3 (2022): 786. http://dx.doi.org/10.30659/sanlar.4.3.786-797.

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Ulayat rights are the rights of indigenous peoples over all agrarian resources that exist within the territory of the indigenous peoples concerned. Thus the object of customary rights includes all agrarian resources (earth, water and natural resources contained therein). This writing aims to analyze the legal position of the customary rights of the Gayo people in Gayo Lues Regency and the role of Notaries and PPAT in protecting the customary rights of the Gayo people in Gayo Lues Regency. This writing is analyzed qualitatively by using the analysis knife of Islamic justice theory, legal certai

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Konan Séverin, Mlan. "Land tenure security policy in Ivory-Coast: sociological and anthropological perspectives of failures and challenges." International Journal of Social Sciences and Humanities Invention 8, no. 02 (2021): 6356–68. http://dx.doi.org/10.18535/ijsshi/v8i02.01.

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This study explores in a sociological and anthropological perspectives, the efficiency of the policy of registration of customary rights in Côte d’Ivoire, by borrowing from Chauveau (2014: 49), his position on the paradigm of the formalization of customary rights. The study is essentially qualitative and took place in 5 implementation zones of the pilot phase of the 98-land law in Côte d’Ivoire.  Its results that the challenges and causes of the failure of the land tenure policy of the state of Côte d’Ivoire during the pilot phase of generalization and formalization of the 11

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Rumaf, Ahmad Muhajir, Jenny Kristiana Matuankotta, and Muchtar Anshary Hamid Labetubun. "Penguasaan Dan Kepemilikan Hak Atas Tanah Menurut Hukum Adat Larvul Ngabal." BAMETI Customary Law Review 1, no. 1 (2023): 10–17. http://dx.doi.org/10.47268/bameti.v1i1.9901.

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Customary law develops following the development of society and existing folk traditions. Customary law is a deposit of decency in a society whose truth is recognized in that society. Purposes of the research: 1. To find out and analyze how land rights are regulated based on Larvul Ngabal Customary Law. 2. To find out and analyze the obstacles to enforcing Larvul Ngabal customary law. Methods of the research: Normative Juridical Law is used as a type in this study. This type of research in a normative juridical manner conducts studies originating from legal materials, doctrines, principles, le

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Derri, Damfebo K., and Josephine Nkeonye Egemonu. "Impact of the Land Use Act on Land Tenural System in Nigeria." American Journal of Law 4, no. 2 (2022): 1–19. http://dx.doi.org/10.47672/ajl.1226.

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Purpose: Before the advent of the Land Use Act in 1978, individuals, families and communities owned land absolutely according to customary law. Thus, the family or community was free to give out their land to deserving members of the family or community or even to outsiders as the case may be. Where an individual was the absolute owner of the land, he was free to deal with it in any manner he liked. Therefore, the individual, family or community exercised all incidents of ownership without restrictions. All these were altered when the Land Use Act was promulgated. The extent to which this Act

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Benyamin Tomas Setiawan and Endang Pandamdari. "PERLINDUNGAN HUKUM TERHADAP PEMEGANG TANAH HAK ADAT." Reformasi Hukum Trisakti 4, no. 4 (2022): 836–47. http://dx.doi.org/10.25105/refor.v4i6.15295.

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As Lahat Regency's Indigenous Peoples, the Dalian have inherited land from their ancestors. The land belongs to the late Maijah binti Jamun, and according to the customary certificate with the number 038/P/TS/2018/1994, she had the status of having customary land rights. By entering into an agreement and a contract with the late Maijah Binti Jamun, Arta Prigel has control over the customary land that is owned by Dalian as the plaintiff and the land certificate has been issued as a Cultivation Right. However, the agreement was not paid for until a lawsuit was filed by Dalian as well as one of t

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Puri, Widhiana Hestining. "The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY." Asia Proceedings of Social Sciences 4, no. 1 (2019): 125–27. http://dx.doi.org/10.31580/apss.v4i1.648.

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THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY  Widhiana H. Puri Phd Student at Law Fakulty of Gadjah Mada University and Lecture in National Land Academy, Indonesia. Email widhianapuri@yahoo.com Research Highlights  Land reform is a state effort to overcome the imbalance of land tenure in the community (Wiradi, 2000 # 1). Customary law in the Javanese community recognizes the existence of a mechanism of welfare distribution through the ownership and joint use of land in community togetherness bonds based on territorial factors as

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Puri, Widhiana Hestining. "The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY." Asia Proceedings of Social Sciences 4, no. 3 (2019): 99–101. http://dx.doi.org/10.31580/apss.v4i3.646.

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THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY  Widhiana H. Puri Phd Student at Law Fakulty of Gadjah Mada University and Lecture in National Land Academy, Indonesia. Email widhianapuri@yahoo.com  Research Highlights  Land reform is a state effort to overcome the imbalance of land tenure in the community (Wiradi, 2000 # 1). Customary law in the Javanese community recognizes the existence of a mechanism of welfare distribution through the ownership and joint use of land in community togetherness bonds based on territorial fact

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Alden Wily, Liz. "Compulsory Acquisition as a Constitutional Matter: The Case in Africa." Journal of African Law 62, no. 1 (2018): 77–103. http://dx.doi.org/10.1017/s0021855318000050.

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AbstractCompulsory acquisition of land by the state for public purposes is an entrenched feature of national constitutions. Yet the scope of private property is rarely defined. This is problematic in agrarian economies where millions own land under non-statutory arrangements that were historically excluded from recognition as property. This study examines the case in Africa where more than 650 million people are untitled customary landowners. Despite vibrant constitutional change, protection of these rights remains disappointing, while the grounds for taking land have expanded. However, this a

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Krismanika, Ni Ketut, I. Putu Gede Seputra, and Luh Putu Suryani. "Pemberian Hak Guna Usaha di Atas Tanah Hak Komunal Menurut Hukum Pertanahan di Indonesia." Jurnal Interpretasi Hukum 1, no. 1 (2020): 161–66. http://dx.doi.org/10.22225/juinhum.1.1.2204.161-166.

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The granting of Communal Rights Certificates is done according to Article 18 of the MATR / KBPN regulation No. 10/2016, if it has been decided that by the Governor, the Regent / Mayor in that place there are indeed indigenous peoples, the Officer will report to the Ministry of National Land Agency (hereinafter abbreviated as BPN) so that it is not changed and the registration of Communal Rights for the land contained therein in that area. This study aims to determine the mechanism for granting communal land rights certificates for customary law associations and also to identify tenure rights w

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Tshuma, Lawrence. "Colonial and Post-Colonial Reconstructions of Customary Land Tenure in Zimbabwe." Social & Legal Studies 7, no. 1 (1998): 77–95. http://dx.doi.org/10.1177/096466399800700105.

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Haokip, Lalsanglen. "Competing Landed Interests: Customary Claims, Land Titles and Formal Law in Manipur, Circa 1890–1990." History and Sociology of South Asia 14, no. 1-2 (2020): 22–38. http://dx.doi.org/10.1177/22308075211059572.

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This article provides a long-term perspective on the history of land tenure for over a century in the colonial and post-colonial eras of Manipur, India. Modernisation theory assumes too rigid division between traditional and modern attributes of land laws. The article, however, endorses the view that ‘the Anglo-Indian legal system was distinctly Janus-faced and rested on two contradictory principles’ of public law and personal law (D. A. Washbrook, Modern Asian Studies 15, no. 3 [1981]: 653). The flagship land legislation of Manipur (MLR & LR Act 1960) has been framed within the hill–valle

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Simarmata, Rikardo. "TUMPANG TINDIH PENGUASAAN TANAH DI WILAYAH IBU KOTA NEGARA “NUSANTARA”." Veritas et Justitia 9, no. 1 (2023): 1–33. http://dx.doi.org/10.25123/vej.v9i1.6504.

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In August 2019, the Central Government of Indonesia made an important decision to choose East Kalimantan province to be the location of the new state capital (Nusantara). East Kalimantan was chosen due to its large available state or government-owned land. Some of the large available lands are designated state forest while some others are unregistered land, for which the Government applies formal land tenure system. This article examines the extent to which formal land tenure system has been exercised in land control, land transaction, and land acquisition in the Nusantara through the inquirie

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Kaarhus, Randi, and Stefaan Dondeyne. "Formalising land rights based on customary tenure: community delimitation and women's access to land in central Mozambique." Journal of Modern African Studies 53, no. 2 (2015): 193–216. http://dx.doi.org/10.1017/s0022278x15000166.

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ABSTRACTThe Mozambican Land Law of 1997 intends to provide flexible rules of access to land, while securing local people's customary rights, as well as equal rights for women and men. Drawing on participant observation during a ‘land delimitation’ process in central Mozambique, this article analyses the complex negotiation ensuing from the implementation of the Land Law in a local community. It shows how the delimitation process provided spaces for asserting – male – roles of power and authority, while local women were increasingly marginalised in the process. By presenting oral testimonies fr

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Edwin, David Asante, Evam Kofi Glover, and Edinam K. Glover. "When Tradition Meets Modernity in Land Registration: Evidence from Dagbon, Ghana." Land 9, no. 11 (2020): 416. http://dx.doi.org/10.3390/land9110416.

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Development practice over recent years in much of Africa prioritized formalization of land policies deemed to enhance better handling and use of land as an asset for social development. Following this trend, land reform policy in Ghana was based on a pluralistic legal system in which both the customary land tenure system and the statutory system of land ownership and control co-exist by law. The primary research question for this study was the following: What implications emerge when customary land tenure system and the statutory system of land ownership and control co-exist in law? The study

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Kemigisha, Prudence. "Land Tenure Regimes and Women’s Land Rights in Uganda; Legality and the Land Legal Framework." Advances in Social Sciences Research Journal 8, no. 1 (2021): 116–33. http://dx.doi.org/10.14738/assrj.81.9462.

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A review on the implications of land tenure regimes on women’s land rights is relevant in the Ugandan context and other countries in Africa due to the fact that land is in many ways the most important productive resource to possess or have access to. Rights over land are associated with social identity and help to regulate what people do with that land as a source of livelihood. Despite the critical contribution of land resource, it is not equitably distributed. The position of women in land accessibility, control and ownership is still precarious under the different tenure regimes in Uganda.

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Rahmani, Rahmani, and Muhammad Hadin Muhjad. "Forest Law Harmony: Bridging the Gap between Forest Area Utilization Agreements (PPKH) and Land Ownership Certificates (Sertifikat Tanah) in Land Ownership with Penal Mediation Approaches." Jurnal Syntax Transformation 4, no. 12 (2023): 100–113. http://dx.doi.org/10.46799/jst.v4i12.875.

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This article explores conflicts from overlapping forest lands allocated through Indonesia's Forest Area Utilization Agreements (PPKH) with occupied customary lands lacking legal ownership certificates. Companies and forest communities often clash over ancestral tenure rights. Mediation balances economic growth, social justice, and environmental sustainability. The paper examines efforts to bridge regulatory gaps between PPKH licensing and Land Ownership Certificates (Sertifikat Tanah) through penal mediation in Indonesian Borneo. Comparative case studies analyze mediation techniques, shaping l

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Merten, Sonja, and Tobias Haller. "Interwoven Landscapes: Gender and Land in the Kafue Flats, Zambia." Land 12, no. 9 (2023): 1657. http://dx.doi.org/10.3390/land12091657.

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This paper examines changes in formal and informal land access rules for women in the Kafue Flats of southern Zambia and identifies alternatives to land privatization. In rural African communities dependent on subsistence production, access to common pool resources (CPRs) such as fisheries, wildlife or wild fruits made an important contribution to household food and nutritional security. In the pre-colonial period, the use of agricultural land and associated CPRs was governed by local institutions of common property, characterized by more-than-human relationships embedded in the local animisti

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Suhardiman, Diana, Anna-Maria Phayouphorn, Anthony Gueguen, and Jonathan Rigg. "Silent transitions: Commercialization and changing customary land tenure systems in upland Laos." Land Use Policy 126 (March 2023): 106541. http://dx.doi.org/10.1016/j.landusepol.2023.106541.

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Ulma, Riri Oktari, Elita Rahmi, Fitria Fitria, and Cholillah Suci Pratiwi. "LEGAL SOCIOLOGY OF LAND CONFLICT VS ORANG RIMBA’S LAND CONFLICT IN JAMBI PROVINCE." Communale Journal 1, no. 2 (2023): 78–86. http://dx.doi.org/10.22437/communale.v1i2.28796.

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The sociology of Orang Rimba Law, which portrays the issue of land conflict versus land conflict, is a crucial legal issue, even though so far, the Orang Rimba (Suku Anak Dalam) has been part of a beneficial symbiosis between Natural Resources and Human Resources (HR), because between the factors of mutual care between humans and nature, but in legal reality, land and land tenure in Indonesia, The existence of the Orang Rimba institution as the original entity of the Malay tribe is a problem, because its living entity has been displaced by the laws of outsiders, namely the state and government

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Asrida, Wan, Raja Muhammad Amin, and Auradian Marta. "Bentuk-Bentuk Kekuasaan dalam Pemanfaatan Tanah Ulayat di Kabupaten Kampar." Nakhoda: Jurnal Ilmu Pemerintahan 17, no. 1 (2019): 39. http://dx.doi.org/10.35967/jipn.v17i1.7057.

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This research attempts to analyze the forms of power in the utilization of communal land in Kampar Regency. The interests of indigenous peoples in terms of ulayat land tenure feel threatened by the existence of plantation corporations by bringing large investments which ultimately provide economic added value for the Government and Regional Government. This study uses qualitative research methods with a phenomenological approach. Data was obtained through interviews conducted with elements of the Kampar District Government, Lembaga Adat Kampar (LAK), the Archipelago Indigenous Peoples Alliance

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