Littérature scientifique sur le sujet « Land ownership; Land tenure; Agricultural »

Calls to reform Lesotho's traditional or customary land tenure abound. The main argument of those who call for reform is that there is no security of tenure, and therefore economic development and foreign and local investment in agriculture are lacking. Lately, traditional land tenure has been blamed for environmental degradation of agricultural land. Using oral and documentary evidence collected in the Rothe Ward, Mafeteng District, and the Mafeteng District Secretary's Office, this paper argues that the traditional land tenure is ambiguous on ownership of land, and is in need of reform designed to prevent various forms of chiefly abuse. However, no evidence of insecurity of tenure per se was found. Instead, poverty and lack of capital with which to acquire agricultural inputs in order to improve production were most prevalent in the responses of rural communities. Finally, the paper ends on a note of caution that reforms as envisaged may have calamitous long-term consequences both for rural communities and the country.

<p>In Tunisia the main objective of sustainable agriculture is to improve agricultural systems by creating more wealth and meeting the needs of the population without compromising those of future generations. It turned out that confusion and lack of clarity of ownership status of agricultural land would lead to instability in agricultural sustainability by having a negative impact on social and economic prosperity and environment preservation. Within this environmental concern, the current research constitutes an assessment of the level of sustainability of different farms in Tunisia where problems of land ownership still exist. The current research is based on the Farm Sustainability Indicators method (standing for: <em>‘Indicateurs de durabilité des exploitations agricoles </em>or IDEA). This case study employed IDEA method which provides operational content to compare the sustainability concept at the farm level, based on the factor of ‘land tenure status’. In Tunisia, the lack of clear land ownership affects the output of agriculture that is why it is valuable to assess the impact of land properties status on farms’ agricultural sustainability. Hence, we distinguished two groups of farms: Private Farms (PF) (inherited from father to son) and Farming Enhancement Corporation (FEC) (state’s lands leased by farmers for many years). The results showed that land tenure has impact on farms sustainability. PF are more sustainable on both agro-ecological scale (49.2) and socio-territorial scale (48); compared to FEC (agro-ecological: 44.5 and socio-territorial: 46). PF favor integrated systems and the production of field crops and fodder crops and they attach greater importance to their employees’ training.</p>

Abstract: There is inequality for land tenure and land ownership in Indonesia in recent decades. The Gini Index can be used to see the level of inequality in the distribution of land tenure and land ownership. The purpose of this research is to determine the distribution of land tenure and land ownership of agricultural land, the level of inequality, and the influencing factors. This research uses qualitative methods with case study strategies. The results of this study are in Ngungkal, in the largest class of land tenure and land ownership, 13.875 m² of agricultural land is only owned by 1 farmer family (0.59% of the total sample). In the smallest class, 13.766 m² of agricultural land is owned by 126 farmer families (11.30% of the total sample). In the largest class of land tenure and land ownership in Talok, 5.532 m² of agricultural land is owned by 1 farmer family (1,89% of the total sample), while on the smallest class 7.583 m² of agricultural land is owned by 29 farmer families (22,64% of the total sample). Gini Index in land tenure and land ownership of agricultural land in Ngungkal and Talok is high, namely 0.72 in Ngungkal and 0.52 in Talok. The small size of agricultural land owned by farmer families due to land fragmentation through legal actions in the form of buying and selling and grants, as well as legal events in the form of inheritance. Fragmentation of agricultural land in Nglegok Village causes the “gurem” effect on farm families, where the size of agricultural land which is initially small becomes even smaller.Keywords: agricultural land, inequality, gini index, gurem. Intisari: Ketimpangan penguasaan dan pemilikan terjadi di Indonesia dalam beberapa dekade terakhir. Indeks Gini dapat digunakan untuk melihat tingkat ketimpangan distribusi penguasaan dan pemilikan tanah di suatu wilayah. Tujuan penelitian ini adalah untuk mengetahui distribusi penguasaan dan pemilikan tanah pertanian, tingkat ketimpangannya dan faktor yang mempengaruhinya. Penelitian ini menggunakan metode kualitatif dengan strategi studi kasus. Hasil dari penelitian ini adalah di Dusun Ngungkal, di kelas terbesar penguasaan dan pemilikan tanah, 13.875 m² lahan pertanian hanya dimiliki oleh 1 keluarga petani (0,59% dari total sampel). Di kelas terkecil, 13.766 m² tanah pertanian dimiliki oleh 126 keluarga petani (11,30% dari total sampel). Di kelas terbesar kepemilikan tanah dan kepemilikan tanah di Dusun Talok, 5.532 m² tanah pertanian dimiliki oleh 1 keluarga petani (1,89% dari total sampel), sedangkan pada kelas terkecil, tanah pertanian seluas 7.583 m² dimiliki oleh 29 keluarga petani (22,64% dari total sampel). Indeks Gini penguasaan dan pemilikan tanah pertanian di Ngungkal dan Talok tergolong tinggi, yaitu 0,72 di Ngungkal dan 0,52 di Talok. Kecilnya luas tanah pertanian yang dimiliki kepala pertani akibat adanya fragmentasi tanah melalui perbuatan hukum berupa jual beli dan hibah, serta peristiwa hukum berupa pewarisan. Fragmentasi tanah pertanian di Desa Nglegok menyebabkan efek guremisasi pada keluarga petani, dimana luas tanah pertanian yang pada awalnya sudah kecil menjadi semakin kecil lagi.Kata kunci: tanah pertanian, ketimpangan, indeks gini, gurem.

Abstract There is a vivid imbalance in farm land domination. This emerge conflict in almost Indonesia territory. Structuring the ownership or control of land has been started since the Act Numebr 5 of 1960 as the reference in the structuring of the agricultural land holdings in Indonesia. However, what is hoped and be the justification reason the act seems has not shown as demanded. Based on Decree of Head of BPN RI Number 34 of 2007 on Technical Guidelines for Handling and Resolution of Land Issues, land conflicts arise regarding the issue of tenure, ownership, use or utilization of the plot of land. The enactment of Law No. 18 of 2004 on Plantations also open conflicts between farmers and plantation companies. Conflict occurs when the plantation is difference between one or more people or groups of people with plantation companies relating to land tenure estates. There are several factors that cause conflict, especially agricultural land tenure plantation land, namely: (1) inequality of agricultural land holdings; (2) there is a vagueness setting land rights; (3) wasteland physically; and (4) overlapping land ownership. Recalling the complexity of the conflict over land, land conflict resolution should be based not only on purely formal legal approach but also through other approaches such as economic, social and cultural.

Abstract There is a vivid imbalance in farm land domination. This emerge conflict in almost Indonesia territory. Structuring the ownership or control of land has been started since the Act Numebr 5 of 1960 as the reference in the structuring of the agricultural land holdings in Indonesia. However, what is hoped and be the justification reason the act seems has not shown as demanded. Based on Decree of Head of BPN RI Number 34 of 2007 on Technical Guidelines for Handling and Resolution of Land Issues, land conflicts arise regarding the issue of tenure, ownership, use or utilization of the plot of land. The enactment of Law No. 18 of 2004 on Plantations also open conflicts between farmers and plantation companies. Conflict occurs when the plantation is difference between one or more people or groups of people with plantation companies relating to land tenure estates. There are several factors that cause conflict, especially agricultural land tenure plantation land, namely: (1) inequality of agricultural land holdings; (2) there is a vagueness setting land rights; (3) wasteland physically; and (4) overlapping land ownership. Recalling the complexity of the conflict over land, land conflict resolution should be based not only on purely formal legal approach but also through other approaches such as economic, social and cultural.

<em>Conversion of agricultural land to non-agricultural becomes unavoidable, given the high demand for land use to promote economic development. Conversion of agricultural land mostly occurs in urban areas affecting the changing patterns and distribution of agricultural land tenure in urban areas. Higher rents for land in urban areas will trigger land conversion and lead to imbalances in agricultural land tenure. Changes in the distribution of agricultural land will affect farm income, because agricultural land is a valuable asset for farmers and affects their farm income. The purpose of this study was to determine the inequality of agricultural land tenure and farm income in urban areas of Jember. Using analytical method with gini index and descriptive method. Samples were determined by simple random sampling and 43 samples were obtained. The result of the research shows that: (1) land tenure index of agricultural land is 0.52 which means that farm ownership in Jember urban areas is unequal, (2) farm income with gini index 0.46 means that income of farming activity in urban area is uneven.</em>

The article outlines the main trends in the spatial development of agricultural land use and land tenure in the Non-Chernozem Economic Zone of the European part of Russia, which are summarized in several groups; worldwide trends, the most significant changes in countries, production and market phenomena, changes in the forms and types of ownership and land management. An assessment of the main problems that prevent the spatial development of agricultural land use is considered in the article paying the special attention to the areas unfavorable for agricultural production. The authors describe the existing problems in the field of land relations and administration of agricultural lands.

The paper analyzes the key contents of the policies on agricultural land of the State of Vietnam today, such as, the tenure of agricultural land ownership, the State’s guidelines on land price, the policy on concentration and accumulation of agricultural land, the policy on agricultural land tax and policy on compensation for agricultural land recovery. Then the paper process to evalute the impact of Agricultural Land Policies to Vietnam’s Agriculture in the Renovation Period as well as the Impact of Agricultural Land Policies on Agricultural Land Fund. The paper also analyzes both the positive impacts and unexpected impacts of Land Policies on the Peasant Life. Through the research the paper comes to the conclusion that despite many outstanding achievements of renovated management policies on the agricultural land, there will be new issues and problems relating to policies on land, which should be addressed timely and prorperly in order to help Vietnam develop its modern and sustainable agriculture.

Abstract The present paper aims to demonstrate how the state land ownership affects development of agricultural sector in Uzbekistan, and what are its strengths and weaknesses. It highlights the importance of secure land right regardless of ownership. Land in Uzbekistan is state-owned; the exclusive state ownership of land was first incorporated in the 1992 Constitution. The official rationale was to ensure food security and social stability; another concern was the state-run irrigation system, operation of which would be hampered in the event of land privatization. Farming entities in Uzbekistan possess different rights to land: from long-life inheritable rights of the dehkans (small-scale household farms) to rights limited by 30 to 50 years and defined by lease contracts of the private farmers. The latter are monitored by the state and are subject to state interventions; in the first place they have to carry the burden of state quotas for cotton and wheat and they are obliged to sell these crops for state-dictated prices. Dehkans provide a major part of livestock production and they can, unlike private farmers, sell all their production at market prices. Land tenure rights in Uzbekistan lack certain qualities that would make land tenure rights meaningful. The duration of land rights is sufficient, however they do not assure the holders that rights will be recognized and enforced at low costs and do not provide them with mechanisms allowing adjustment under changing conditions.The authors conclude that the insufficient land tenure security, which is further undermined by state interventions, poses a significant barrier impeding development in the agricultural sector. The paper identifies opportunities for change arising from the gradual strengthening of market principles.

Agricultural land that is owned by a cord (Absentee) is legally prohibited. Because the ownership of the Absentee-owned Agricultural Land distances the ideals and spirit of land reform as the basic rule of every National Agrarian law. Absentee land tenure is prohibited because it can restore a very detrimental Landlord system especially to local farmers residing in Absentee land. True agricultural land should be utilized and done in an effort to meet the productivity that will raise the economy nationally. However, Government Regulation No. 4 of 1977 concerning Agricultural Land Ownership by Clothes (Absentee) for Retired Civil Servants states that "a Servant within 2 (two) years preceding retirement allowed to buy agricultural land in guntai (absentee) covering an area of up to 2/5 of a part the maximum limit of land tenure for the relevant Level II Regions. ". Is the ban on the ownership of farmland in a strand (Absentee) applies to all the people of Indonesia ?. The prohibition of land ownership does not apply to Civil Servants State From the provisions of the law above can be concluded that Civil Servants (PNS) can have Absentee land because it is considered Civil Servants have been credited as a driver of the state system. However, with the conditions set forth in the legislation. Civil Servants or Retired Civil Servants who have farmland by hand (Absentee) can make a profit-sharing system as an effort to manage the absentee land to be more productive again by sticking to the prevailing laws and regulations.