Absentee Landowners Research Articles

THE PROHIBITION OF ABSENTEE OWNERSHIP OF AGRICULTURAL LAND AND THE LEGAL LIABILITY OF THE NATIONAL LAND AGENCY

Absentee ownership of agricultural land is a situation where agricultural landowners are not directly involved in the agricultural activities carried out on their land. This often occurs when the landowner lives outside the farming area. The provision of absentee ownership of agricultural land can affect farmland management, and agricultural productivity. This abstract aims to evaluate the legal aspects of absentee ownership of agricultural land by considering several factors. First, we analyze the application of Government Regulation Number 41 of 1964 in Plaosan Village regarding absentee land. Several studies have shown that the absence of a landowner can hinder growth and innovation in the agricultural sector. However, the factor depends on the skill level of the farmer. Furthermore, we analyze the legal liability of the National Land Agency (BPN) in resolving absentee land ownership issues. The existence of landowners who are not involved in agricultural activities can lead to legal uncertainty, low agricultural productivity, and difficulties for interested parties in obtaining benefits from the land. In this context, the role of the National Land Agency (BPN) as a government agency responsible for land management and registration becomes very important. This research uses a normative legal research method by conducting a literature study of laws and regulations related to absentee ownership of agricultural land. The results of this research are expected to provide a basis for better policies in managing agricultural land ownership involving absentee owners, so as to increase productivity, efficiency, and welfare for all parties involved in the agricultural sector.

Redefining Absentee: Towards Understanding Place Attachment and Stewardship in Non-Residential Landowners in Texas, USA

Approximately 30% of the private land in Texas, USA is under absentee ownership. Understanding who absentee landowners are and their land management behaviors is vital for the protection of privately owned landscapes and the ecosystem services that they support, including surface water quality. By focusing on absentee landowners with properties in five watersheds in Texas, we utilized the theory of place attachment to gain insights into absentee landowners’ land management decisions and their involvement in water quality conservation programs, such as watershed protection plans (WPPs). By conducting a mail-out survey, we obtained 100 responses, which were analyzed using an exploratory factor analysis and a series of nonparametric assessments. The results revealed that, contrary to the term “absentee”, the landowners in our study demonstrated strong feelings of place attachment and heightened land stewardship. Based on these findings, we suggest that instead of considering absentee landowners as obstacles to collaborative conservation initiatives, such as WPPs, natural resource practitioners should recognize and capitalize on the emotional attachment that these landowners have to their properties, thereby fostering their involvement. By demonstrating the owner–land relationship and its behavioral outcomes among absentee landowners, this study provides a novel contribution to the existing literature on place attachment in the context of private land management and conservation.

TRANSITION OWNERSHIP RIGHTS LAND OF AGRICULTURAL LAND WITH ABSENTE USING E-KTP IN BANGLI DISTRICT

One of the objectives of land reform is to hold a fair and equitable distribution of the livelihoods of the peasants in the form of land so that with this distribution a fair and equitable distribution of results can be achieved. The purpose of this land reform is realized through the determination of the minimum area and maximum area of agricultural land ownership with certain rights by one family or legal entity. Prohibition of agricultural land ownership in absentee is a prohibition on ownership of agricultural land located outside the area where the owner lives. One of the efforts to prevent absentee land ownership is the existence of an Electronic Identity Card. However, the implementation of the transfer of rights based on the sale and purchase of agricultural land, with the implementation of the E-KTP, was not carried out perfectly. This research aims to examine the implementation of the absentee sale and purchase of agricultural land rights using E-KTP in Bangli Regency. The research method used is empirical legal research and the research locations were held in Bangli Regency, PPAT and the Bangli Regency Land Office. The results of this research showed that the implementation of an E-KTP nationally, still cannot overcome the ownership of agricultural land in Bangli Regency by people who have addresses outside the Bangli Regency sub-district and still carry out the process of changing addresses so as not to cause absentees.

The Myth and Reality of Slavery in Eastern Connecticut: The Brownes of Salem and Absentee Land Ownership

The Myth and Reality of Slavery in Eastern Connecticut: The Brownes of Salem and Absentee Land Ownership

The Political Economy of Farmland Taxation in Colonial and Postcolonial Zimbabwe, 1914–32 and 1980–c. 2018

This article contributes to the existing literature on the political economy of Zimbabwe by focusing on a hitherto understudied area, land taxation. While scholars have written extensively on the political economy of land in general, not much is available on debates around its taxation. Those that have written on the land question have paid less attention to its taxation. Similarly, recent works on the colony’s fiscal system lack the scope for a detailed examination of the land taxation question. By analysing how different governments of the country operating within distinct historical contexts approached the question of land taxation reinserts land taxation in conversations around the political economy of both colonial and postcolonial Zimbabwe, particularly how politics and economics intersected in shaping policy formulation and implementation. During the colonial period, the main idea behind the imposition of land tax was to force absentee landowners and those who occupied land for speculative purposes to sell their land or develop it; however, the situation changed following the Fast Track Land Reform Programme in 2000. At that stage, the main objective for land taxation shifted from encouraging the selling of land for redistributive purposes to making resettled farmers utilise their land. In either case, land taxation and contestations around it provide another way of looking at the dynamics of state making in settler colonial and post-settler colonial contexts. The article relies on a wide range of sources that include parliamentary debates, newspapers, archival sources, and other political pamphlets and documents. A close analysis of archival sources shows how arguments for and against land taxation changed or persisted across the colonial and postcolonial historical epochs.

What is the problem with absentee landowners? Invasive plant management by residential and absentee amenity rural landowners

Landowners interested in rural lifestyles rather than primary production, are a significant group of rural landowners in many countries. Among these landowners, distinctions are made between the management practices and motivations of absentee and resident landowners. Absentee landowners are not uncommonly depicted as poor land managers and as not meeting their responsibilities. Evidence, however, on this is mixed. With a focus on invasive plant management in Australia, we compare the motivations, attitudes, and practices of absentee and resident landowners in two high amenity areas of New South Wales, Australia. We found that attitudes and practices surrounding invasive plant management were very similar between absentee and resident landowners, but that there are some key differences surrounding motivations and barriers to invasive plant management. Our data suggests that difference between absentee and residential landowners, therefore, may be overstated with respect to invasive plant management.

Protection of Heirs Against Absentee Land Ownership

Land ownership is often non-existent in communities. Ownership through the process of inheritance, where the heirs live outside the district area where the object of inheritance is located. For example, a person living in a city inherits from his parents a farm in the village; this automatically made the heirs the absentee landowners. This study aims to provide legal protection for absentee land ownership obtained from the inheritance process. This study uses normative legal research methods with several approaches, namely the statutory approach and the conceptual approach. Legal protection for heirs of owners of land rights that do not exist in positive law. If the heirs do not exploit or utilize land that does not exist as mandated by law adequately, then there is no legal protection for the heirs. The prohibition of absentee land does not apply to persons or legal entities residing outside the sub-district which borders the location of agricultural land and allows agricultural land owners to cultivate or cultivate it efficiently.How to cite item: Sariwati, Retno, and Selvia Wisuda. “Protection of Heirs Against Absentee Land Ownership.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 46-53. DOI: 10.26905/idjch.v14i1.10006.

Community perceptions of carbon farming: A case study of the semi-arid Mulga Lands in Queensland, Australia

International efforts to combat climate change are reflected in diverse national and subnational policies, the effects of which can stimulate fundamental changes in land use at the regional scale. Since 2012, the Australian Government has provided incentives for landholders to implement “carbon farming” through methods that either sequester or avoid the release of carbon emissions in vegetation and soils. While the factors leading to individual landholder adoption of carbon farming is widely researched, there is comparatively limited analysis of broader community perceptions and potential impacts of its resulting changes in land use and management. This research uses semi-structured interviews and qualitative analysis to explore community perceptions of carbon farming in the vast and remote Mulga Lands of Queensland, Australia, a region that supports nearly 200 carbon projects across 7 million hectares. We found that individual landholders were motivated to adopt carbon farming primarily for the economic benefits, despite sharing concerns with the broader community over potential environmental and social impacts. Long-standing local attitudes, values and beliefs around perceived desirable natural landscapes, and their role in maintaining agricultural production, underpin a view that non-active land management and absentee land ownership – considered by some in the community to be a consequence of carbon farming – would contribute to ongoing rural decline. Our findings show that the scale and pace of land use changes facilitated by carbon farming have led to a community impact in the Mulga Lands. Such impacts must be explicitly considered in future research, policy and planning to ensure land use transitions stimulated by carbon farming policy are effectively and fairly managed.

An Urban Configuration with Online Competition

Abstract This paper introduces the impact of online competition to analysis of the urban configuration of a small open city, which was first developed by Alonso (1964. Location and Land Use. Cambridge: Harvard University Press), Mills (1967. “An Aggregative Model of Resource Allocation in a Metropolitan Area.” The American Economic Review 57 (2): 197–210), and Muth (1969. Cities and Housing. Chicago: University of Chicago Press) (AMM hereafter). In comparison to a revised AMM model in Lai and Tsai (2008. “Simplified Alonso-Mills-Muth Model with a Monopoly Vendor.” Journal of Urban Economics 63 (2): 536–43) which assumed a monopoly vendor, the present paper’s online entry brings competition, eventually causes price reduction, city expansion, and asymmetrically ascending land rent, and makes the incumbent vendor relocate to a more remote city boundary. When the disadvantage of online purchasing is not large, the urban configuration demonstrates that most residents purchase online, and only the residents living near the physical vendor make shopping trips. Finally, the benefit of city expansion from online competition eventually goes to the absentee landowners by way of the raised land rents.

Remote-Control Plantations and Black Forest Relations in the Black Belt

This article examines the contemporary timber industry as a reproduction of plantation power via remote control, which occurs through absentee landowners, Black family land grabs, new markets for energy, and legal regimes designed to “devalue” common property in favor of individual ownership and profit-seeking productivity. Multi-generation Black homeplaces and communities possess alternative modes of land relations to sustain themselves despite the friction between the economic interests forced by racial capitalism and the ecological interests arising from long-standing forest interdependence. With the Alabama Black Belt and the larger US South experiencing expansion of concentrated forestland ownership and local divestment, most recently through the rise of the biomass industry, the reciprocal traditions of Black forest traditions represent modes of land relation and intervention that are necessary for livable futures.

Spatial political economy: the case of metropolitan industrial policy

Industrial policy has become the focus of much more interest in recent times. Of particular note is mainstream economists’ fascination and their peculiar claims about how and why this new industrial policy promotes growth, redistribution, and sustainability. Such contentions warrant scrutiny. Using metropolitan data, plans, and laws, along with regional and national data from census and survey reports, this paper addresses three questions related to growth, inequality, and sustainability. On the basis of the evidence, collected and interpreted from the lens of original institutional economics, it is argued that industrial policy has been too strictly tied to (urban) economic growth which has not, contrary to expectations, led to ecologically sensitive and inclusive (urban) economic development. Instead, growth policies have cumulatively generated rising urban inequalities and ecological problems in cities and regions. This lack of congruence between the case for, and outcomes from, the pursuit of a particular type of industrial policy can be partly explained by the presence of absentee land ownership. Its entanglements with rent theft, profit seeking, and problematic engagement with persistent inequalities and unsustainability complement the explanation. A different industrial policy could seek to recoup socially-created, but privately appropriated, unearned income, reinvest this resulting revenue in ways that directly build state capacity, address persistent urban inequalities, attend to ecological challenges, and seek to create industries that avoid the problems of ‘progress and poverty’.

Role of National Land Board Office in Implementation of Prohibition of Absentee Land Ownership

The research objectives are: 1) To find out and analyze the factors that cause absentee land ownership in Kendal Regency. 2) Knowing about the role of the Kendal Regency Land Agency in dealing with and solving land problemsabsentee. The data used in this study are primary data, secondary data, and tertiary data that can support the assessment, which is then analyzed using empirical juridical methods. Based on the results of data analysis, it is concluded that: 1) in Article 3 paragraph (1) of Government Regulation Number 224 of 1961 jo. Government Regulation Number 41 of 1964 (State Gazette of the Republic of Indonesia of 1961 Number 280, Supplement to the State Gazette Number 2322 hereinafter referred to as PP Number 224 of 1961, states that: Agricultural land owners who reside outside the sub-district where the land is located, within a period of 6 (six) months are required to transfer their land rights to another person in the sub-district where the land is located or move to the sub-district where the land is located. The main factors that cause absentee land ownership are from the community that the community lacks legal awareness, and only wants to seek economic benefits derived from absentee land ownership. Cultural factors such as inheritance and infrastructure. In the facilities and infrastructure there are no reports that are helpful in overcoming absentee land ownership from Village and District officials, as well as a lack of coordination and cooperation. 2) in overcoming absentee land problems, the National Land Agency has a role and contribution to reduce absentee land ownership in Kendal Regency, namely by carrying out legal enforcement by conducting legal counseling that is directed and carried out continuously widely to the community. This counseling can be done by coming to the field to collect or monitor the state of the inventory to the regions, namely monitoring the sub-districts, where the sub-district is a center rather than a transfer of rights so that there is no absentee land sale and purchase.

Principle of Same Rights to Land in Absentee Land Ownership

Land is one of the natural resources in Indonesia that can be used as a means to achieve the welfare of the nation's life, so it needs state intervention to regulate it. In accordance with the constitutional mandate as stated in Article 33 Paragraph (3) of the 1945 Constitution, Act No. 5 of 1960 concerning Basic Regulations on Agrarian Principles or called the UUPA is stipulated. All kinds of land rights can be granted to all Indonesian people, both men and women, regardless of race, ethnicity and religion. From these provisions, Article 10 of the UUPA paragraph (1) stipulates that every person and legal entity that a right to agricultural land is in principle has to work or actively cultivate it himself, by preventing extortion. The article does not explicitly explain that it is prohibited to own agricultural land in an absentee manner, but this article can be intended to do so. The term absentee land will not be found in statutory regulations, but it can be understood that absentee land is land ownership located outside the area where the owner lives. Agricultural land should actually be used and worked on in an effort to meet productivity which will increase the national economy. However, the prohibition on land ownership does not apply to Civil Servants (PNS) who are equal with those who are carrying out state duties. Based on the above background, the formulation of the problem that the author wants to put forward in this study are: (1) How is the application of the principle of equality of land rights in absentee land ownership at the Karanganyar Regency Land Office. (2) Is absentee land ownership at the Karanganyar Regency Land Office in accordance with the application of the principle of equal rights to land. (3) How to obtain rights to Absentee land at the Karanganyar Regency Land Office. This study uses a normative juridical method, namely research that is fundamental in certain methods, systematics and thoughts which aims to examine one or several legal phenomena by analyzing them. From the research in the field, it can be concluded that the prohibition of absentee land ownership in Karanganyar Regency is not in accordance with the principle of equal rights between civil servants and the general public. The way to register land ownership (in this case land with the term absentee) for civil servants, as well as in Karanganyar district is (1) Applying for a permit to the local BPN office (2) Identity Card and appointment letter for PNS, TNI, POLRI (3) For retirees attach a statement letter that will manage the registered land itself. Ways to register land ownership for common citizens; (1) Identity Card, (2) Family Card, (3) Notice of Taxes Payable and (4) Land History.

Principle of Same Rights to Land in Absentee Land Ownership

Land is one of the natural resources in Indonesia that can be used as a means to achieve the welfare of the nation's life, so it needs state intervention to regulate it. In accordance with the constitutional mandate as stated in Article 33 Paragraph (3) of the 1945 Constitution, Act No. 5 of 1960 concerning Basic Regulations on Agrarian Principles or called the UUPA is stipulated. All kinds of land rights can be granted to all Indonesian people, both men and women, regardless of race, ethnicity and religion. From these provisions, Article 10 of the UUPA paragraph (1) stipulates that every person and legal entity that a right to agricultural land is in principle has to work or actively cultivate it himself, by preventing extortion. The article does not explicitly explain that it is prohibited to own agricultural land in an absentee manner, but this article can be intended to do so. The term absentee land will not be found in statutory regulations, but it can be understood that absentee land is land ownership located outside the area where the owner lives. Agricultural land should actually be used and worked on in an effort to meet productivity which will increase the national economy. However, the prohibition on land ownership does not apply to Civil Servants (PNS) who are equal with those who are carrying out state duties . Based on the above background, the formulation of the problem that the author wants to put forward in this study are: (1) How is the application of the principle of equality of land rights in absentee land ownership at the Karanganyar Regency Land Office. (2) Is absentee land ownership at the Karanganyar Regency Land Office in accordance with the application of the principle of equal rights to land. (3) How to obtain rights to Absentee land at the Karanganyar Regency Land Office. This study uses a normative juridical method, namely research that is fundamental in certain methods, systematics and thoughts which aims to examine one or several legal phenomena by analyzing them. From the research in the field, it can be concluded that the prohibition of absentee land ownership in Karanganyar Regency is not in accordance with the principle of equal rights between civil servants and the general public. The way to register land ownership (in this case land with the term absentee) for civil servants, as well as in Karanganyar district is (1) Applying for a permit to the local BPN office (2) Identity Card and appointment letter for PNS, TNI, POLRI (3) For retirees attach a statement letter that will manage the registered land itself. Ways to register land ownership for common citizens; (1) Identity Card, (2) Family Card, (3) Notice of Taxes Payable and (4) Land History.

TANAH ABSENTEE DARI WARISAN KELUARGA DI DESA DAYA MURNI JALUR 16 MUARA SUGIHAN BANYUASIN DALAM PERSPEKTIF HUKUM KELUARGA ISLAM

Absentee Land from Family Heritage In Daya Murni Village Jalur 16 Muara Sugihan Banyuasin In The Perspective of Islamic Family Law, problem that occurred in the community about absentee inheritance land that isn’t directly utilized by the heirs but managed by the community. Based on this, this study will further examine it on How to empower and review Islamic Family Law on absentee land from heritage in Daya Murni Village Jalur 16 Muara Sugihan. The research method used is field research, the data source used is the primary data source obtained from interviews with respondents in the field, then secondary and primary data. Using qualitative descriptive methods, then analyzed to determine Islamic family law against the prohibition of absentee land ownership and it's utilization. research stated, Absentee land obtained from the heritage in the Village Daya Murni Line 16 Muara Sugihan isn’t in line with the Basic Agrarian Law of the Republic of Indonesia, economic side of the community isn’t left abandoned and managed village community. Islamic Family Law Review Against the Utilization of absentee land obtained from the inheritance hasn’t awakened the values of sakinah both within the family sphere and in the social sphere. Keywords: Absentee Land, Inheritance, Islamic Family Law

Actual residence and land use conditions with absentee landowners in Fukui prefecture

本研究を通して主に以下の点が明らかになった。1）X団地では、未利用地が74%であり、その内の約76%が雑草や樹木が繁茂している。2）居住者の多くは雑草等が生い茂った空き地が多いことや車がないと移動しにくいことに困っている。3）不在地主の多くは高齢者で県外の人も多く、所有地への訪問頻度の少ない人も多い。不在地主の土地入手の動機では、資産として購入などが多く、今すぐにでも売却したいと思っているが売れないため所有地を持ち続けている人が多い。4）X市は土地の寄付を受け入れてきたが、維持管理費がかかるため事実上X団地の土地は対象外となり、集約化も頓挫した。5）雑草等管理事業に対して、不在地主に一定のニーズがあることが明らかになったが、一方で無関心な不在地主や連絡先の分からない不在地主も多い。

What drives landowners’ conservation decisions? Evidence from Iowa

Conservation practices such as no-till and cover crops have been shown to have on- and off-farm benefits. However, when benefits of a practice do not go to the provider, underinvestment may occur. Farmland rental arrangements where tenants may not reap the benefits of conservation investments are a commonly cited barrier to conservation practice adoption in agriculture and may result in lower adoption rates on rented land than on owner-operated fields. This issue is especially important since more than half of Midwestern farmland is rented out. This article examines the factors driving adoption of four key conservation practices—no-till, cover crops, buffer strips, and ponds/sediment basins—using a statistically representative survey of Iowa landowners. We find evidence supporting the hypothesis that adoption is lower on rented land for cover crops, buffer strips, and sediment basins, but not for no-till. Our results also show that the large proportion of the state’s land owned by nonoperating landowners and absentee landowners could present a barrier to increasing adoption of conservation practices. Furthermore, landowners seem open to increasing the use of cover crops in the immediate future, and a sizable number are even willing to incentivize tenants by paying for part of the cover crop planting cost. Finally, almost half of landowners would be willing to increase the area of their land under conservation practices if they could receive conservation-related tax credits or deductions, suggesting a potential policy strategy to increase adoption.

FAKTOR-FAKTOR PENYEBAB TERJADINYA KEPEMILIKAN TANAH ABSENTEE DI KECAMATAN TONDANO SELATAN KABUPATEN MINAHASA

The research aims to analyze the factors causing the absentee / guntai ownership of agricultural land and to analyze the decision making by the Land Office of Minahasa District in terms of absentee / guntai ownership of agricultural land in Tondano District, Minahasa Regency. The research location is located in Tondano Selatan Sub-district, Minahasa Regency, and Land Office of Minahasa Regency. The research period lasted for five months, namely, January to June 2020. The data used consisted of primary data and secondary data. Primary data obtained through in-depth interviews (In-depth Interview). Secondary data were obtained from available data from other sources such as documents related to the discussion, literature, and documentation that were in accordance with the research objectives. The samples in this study were chosen deliberately. The sample of this research includes 2 kinds of samples, namely, the key sample and the main sample. This study used a qualitative data analysis method. The results showed that the determinant factors causing absentee land ownership are: knowledge factors, awareness factors, cultural factors, law enforcement factors, and economic value factors. Meanwhile, decision-making in enforcing the rules regarding the absentee prohibition of land ownership in Tondano Selatan District, Minahasa Regency has not been implemented optimally.*eprm*

Characteristics of Absentee Landowners through the Analysis of Land Registration Information of Vacant Properties

Characteristics of Absentee Landowners through the Analysis of Land Registration Information of Vacant Properties

Larangan Kepemilikan Tanah Pertanian Secara Absentee Dan Pertanggung Jawaban Hukum Badan Pertanahan Di Kabupaten Tulungagung

Reforms have been carried out by the government through many land reform programs that regulate land ownership and legal relations between owners and land objects, so that a prosperous and productive society is created to advance the national economy and food security. One of them is the prohibition of agricultural land ownership regulated in article 10 paragraph (1) of the Basic Agrarian Law. It is expected that the owners of agricultural land will work on their own land so that productivity will be maximized, the community will be taught to work and be productive regularly and routinely. But in reality in the field in Jabalsari village Sumbergempol subdistrict Tulungagung regency there are still many people who control agricultural land absentee and interpreted the rules of ownership of agricultural land absentee not yet effective, so this research aims to find out the causes of absentee ownership of agricultural land and how a large role Tulungagung Regency National Land Agency in terms of absentee ownership of agricultural land. This research is carried out using the Empirical Juridical method namely how the law is implemented in social life. The results of research conducted in Jabalsari village Sumbergempol Sub-district Tulungagung District showed that absentee land ownership in Tulungagung District occurred due to many factors namely: community awareness factors, cultural factors, legal factors, law enforcement factors in the area, facility and infrastructure factors as well as quite a lot It was found that economic factors, and the responsibility of the National Land Agency of Tulungagung Regency still reached the supervision of certified land and improved administration of agricultural land data, this was done so that in the future it would run and orderly administration of the problem of absentee ownership of agricultural land.