Communal Property Rights Research Articles

Implikasi Penunjukan Desa Adat Sebagai Subyek Hak Atas Tanah Terhadap Eksistensi Tanah Adat (Study Pada Desa Pejeng Kelod Kabupaten Gianyar)

The customary land in Bali is known as the Druwe Desa land which is under the authority of the adat village. Traditional village is a term used to refer to religious social institutions that oversee the unity of indigenous and tribal peoples that exist in every village in Bali. Customary villages have the right to autonomy from traditional law to regulate their own households, known as awig-awig. With the promulgation of Bali Provincial Regulation Number 4 of 2019 concerning Customary Villages in Bali further strengthens the existence, functions and duties of traditional villages. So that customary villages are recognized as legal subjects to ownership of land rights. So that customary land in Bali can be registered as communal property rights based on the Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 276/KEP-19.2/X/ 2017 through Complete Systematic Land Registration in order to guarantee legal certainty. But in fact, there is a concern about the transfer of rights so that it affects the existence of customary land. The specific purpose of this study is to analyze the implications and strategies in maintaining the existence of customary land in the village of Pejeng Kelod. The strategy of maintaining the existence of customary land itself is strengthened by awig-awig and forming a good governance system

Adjudicating Indigeneity: Anthropological Testimony in the Inter‐American Court of Human Rights

ABSTRACTIn 2014, the Inter‐American Court of Human Rights heard two cases concerning the alleged complicity of Honduran state institutions in the violation of Garifuna communal property rights. Garifuna, a people of mixed Arawak, Carib, and African descent, are one of nine officially recognized “ethnic groups” in Honduras. Yet the state has repeatedly denied their status as a pueblo originario—a people native to Honduras—thus calling into question the lawfulness of their claims to national territory. I draw on my experience serving as an expert witness to analyze the role of cultural evidence in the legitimization of Garifuna rights claims, and how specifically ethnographic treatments of Indigenous cultural practices are circumscribed within dominant juridical interpretive frameworks and modes of recognition. The judgment, issued in October 2015, repeatedly deployed anthropological concepts and insights to bind Indigenous subjectivity to the land, thereby deepening essentialized notions of Garifuna ethnic and racial difference. This article probes the challenges of presenting cultural evidence in a court of law and the limited political potential of witnessing, which, I argue, stem from the ways in which anthropological and legal ways of knowing coarticulate.

Transformation of Local People’s Property Rights Induced by New Town Development (Case Studies in Peri-Urban Areas in Indonesia)

New town development as a form of large-scale development is not a new phenomenon, particularly in developing countries. This development mainly takes place in peri-urban areas due to the high pressure caused by the growing population and the lack of facilities and infrastructure in city centres. As an effect, local communities who originally occupied the land often lose their rights over the property their livelihood might have relied on. Property rights can be grouped differently, classified according to different bundles: appropriation, ownership, and formality of rights. This paper investigates to what extent new town development in Indonesia has affected the property rights of local communities, in terms of the transformation of rights and security level. Moreover, it examines to what extent this transformation has been affected by urbanisation pressure. Ample attention is paid to the transformation of various bundles of rights concerning different usage of property, both residential and cultivated land. A total of 252 questionnaires were distributed to three different locations of new towns in Indonesia. A before-after analysis was employed to identify the transformation of the property rights and their security level, followed by multiple linear regression analysis to observe the influence of the urbanisation pressure to the security level. The research reveals that the transformation of property rights of local residents mainly concerns the appropriation rights. The analysis also indicates that there is a tendency that the security level decreases. Statistically, this appears to be affected by urbanisation pressure variables: type of land, land use, and occupation. With this study, we offer on the one hand a conceptual framework for assessing property rights, while on the other hand, we provide empirical evidence regarding the effects of new town development on property rights transformation and its security level.

ANALYSIS IMPLEMENTATION OF NATIONAL FINANCIAL INCLUSION STRATEGY CONNECTED WITH SHARIA FINANCIAL INCLUSION

ABSTRACT The purpose of this research is to know the effect of financial education, community property rights, intermediation facilities and financial distribution channels, financial services to the government sector and consumer protection to Islamic financial inclusions. The sampling technique useda random sampling method and thesample isobtained 100 respondents. The independent variables (x) include: financial education, communityproperty rights, intermediation facilities and financial distribution channels,financial services in the government sector and consumer protection. This research used a quantitative approach with descriptive and verification methods and methods ofdata analysis using multiple linear regression analysis.The result of this study indicate that the implementation a five pillars of SNKI (The national strategy of financial inclusion) has a positiveand significant impact on Islamic financial inclusion, it’s mean that if the implementation a five pillars of SNKI had increased automatically the Islamic financial inclusion would be increased. Key Words: Financial Education, Community Property Rights, Intermediation Facilities and Financial Distribution Channels, Financial Services to the Government Sector Consumer Protection and Islamic Financial Inclusion

Contextualizing Accumulation by Dispossession: The State and High-Rise Apartment Clusters in Gangnam, Seoul

In an effort to contribute to the contemporary debates on accumulation by dispossession (ABD), we argue for a closer attention to the link between the state and ABD. We propose contextualizing ABD within the institutionalization of the process of replacing communal property rights with private property rights. In such institutionalization, the state plays a critical role as the final guarantor of property rights. As such, the sociospatial specificities of the state would strongly influence how ABD unfolds and how it is understood. In the empirical part of this article, we use this approach to focus on a specific type of capitalist state—that is, the developmental state—to examine the emergence of apartment-dominated residential landscapes in Gangnam District, Seoul, in the 1970s through the use of ABD. Key Words: accumulation by dispossession and primitive accumulation of capital, developmental state, Gangnam District, high-rise apartments, Seoul, South Korea, vertical accumulation.

Conceptual basis of transformation of ecological and economic relations in the forest sector of Ukraine in the context of European integration

Abstract The article defines the priorities, principles and main provisions of national forest policy of Ukraine towards European integration. The main objectives and structure of the mechanism of transformation of ecological and economic relations in the forest sector of Ukraine is grounded. The main tasks of transformation of ecological and economic relations in the forest sector should be decentralization of the management system, budget savings and sustainability, sustainable development and ecological security, development of public and private partnership, and welfare of local communities. It justifies priority directions of transformation, which include the system of distribution of powers between central, regional and local levels, the financing system and fiscal regulation in the forest sector, powers and subordination of the organs of ecological control, the organizational forms of companies and associations, the institutionalization of communal and private ownership of forests. Necessary organizational and economic framework for their implementation should ensure the economic mechanisms of transformation of the system of state management of economic processes, financial-credit and fiscal regulation, economic incentives of the deep environmentally friendly forest products, integration of businesses and innovative and investment development of the forest sector, the Institute of ownership of forest land, the property rights of forest users and local communities. The structure of transformation mechanism of ecological and economic relations in the forest sector is developed. It will allow the use of modern economic methods (de-monopolization and transparent competition on the timber market; economic incentives for deep wood processing; the transition to the new organizational forms of integration of economic entities; the empowerment of local communities and their executive bodies) and the instruments (preferential loans; target financing of large-scale projects at the national level; environmental insurance; transfer pricing; export and import duties; the state order; the state guarantees and subsidies), and to form an effective organizational forms of business entities in the forest sector. It is concluded that transformation processes should apply to all spheres of economic activities in the forest sector, especially in the following areas: increased powers of the management bodies of the forest sector at the regional and local levels; simplification of procedures for land allocation by local governments to provide additional reforestation; coordination between the organs of ecological control and forest management to strengthen the relationship between the real state of forestry and the system of rational use of forest resources; the introduction of modern forms of enterprise and associations of enterprises at different stages of the reproductive process.

The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

Institutional Sustainability of a Community Conservation Agreement in Lore Lindu National Park

The arrangement of self-governance institutions is the main obstacle to achieving sustainability for ecosystems and local livelihoods. The aim of this study was to describe the institutional sustainability of Community Conservation Agreement (CCA) in Lore Lindu National Park (LLNP), located in Central Sulawesi Province, Indonesia. This study applied a descriptive method by identifying and analyzing the relationship between characteristics of the community and nearby resources, as well as the regulations and rules (formal and local rules arranged in CCA), behavior and performance of institutional CCA, and the interests and power of stakeholders. The research demonstrates that high institutional sustainability of CCA is not only determined by the relations among the community, but that it is also motivated by the common interests to preserve water in the LLNP area as a means for avoiding disaster. However, principles of collective-choice arrangements, minimal recognition of rights to organize, and nested enterprises in CCA were not running well. Strategies to improve the institutional sustainability of CCA include unifying landscape zones that describe property rights of local communities within a conservation area that is recognized by all stakeholders and should be supported by formal legal rules.

The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

Co-management of protected areas: a property rights point of view

Co-management is an increasinglyused tool in natural resource management around the world, in situations where the protection of natural resources has to ensure the livelihoods of local people who have traditionally relied upon these resources. It is a mechanism of sharing power in decision-making and sharing the benefits of natural resources between stakeholders (usually governments and local communities). In Vietnam, several governmental pilot projects on comanagement of PAs were launched over the past decade, with the purpose of eventually scaling up as a national policy. Nationwide, co-management initiatives have been implemented for protected areas (PAs). Therefore, a full assessment of the PAs co-management paradigm is needed. This paper aims to increase the understaing of the ''state-of-the-art" of the management that exist within PAs and to direct attention to the issues associated with property rights in conservation. It assesses the comanagement of PAs in terms of concepts, practices and implications that relate to indigenous peoples and community land and resource rights. The paper begins with a theoretical discussion about comanagement of PAs and property rights. Next, it analyzes a wide range of biodiversity-rich countries that have different time schedules for applying comanagement in PAs. The analysis also focusses on various types of PAs such as forests, game reserves, pastureland reserves, marine PAs, etc. It then encompasses experienced cases of community based forest management in Vietnam that may be applicable to co-managed PAs. This paper reveals that co-management could be an effective tool for PAs management as long as the property rights of local communities and their members are defined clearly and satisfactorily. Among them, land ownership/land-use rights have the most influence on the nature of the co-management agreements. The co-management of PAs officially acknowledges the rights of locals who live in and around forests, to enter, use and manage PAs. These management rights of communities are collective rights rather than individual rights, while ultimately management rights belong to governments. Governments retain the rights to control forest resources; to make decisions about forest products with high value; and to approve policies related to the PA management plan, exploitation license, development of forest management guidelines. In conclusion, governments usually do not empower local communities regarding their exclusion and alienation rights.

PROBLEMS OF FORMATION AND DEVELOPMENT OF LAW COMMUNAL PROPERTY ON THE FORESTS IN UKRAINE

The article deals with the problems of the formation and development of forests of communal property in Ukraine. It was stated that the defining feature for the formation of communal property forests is territorial, that is, their stay within the settlements. In the course of the study, it was determined that the formation of a significant area of forests in Ukraine of the ownership of territorial communities was carried out as a result of the reform of collective agricultural enterprises on the basis of private ownership of land and property, resulting in the forests that were in their use were transferred to the permanent use of forestry enterprises of communal property. As a result of the analysis of the current legislative acts, a comprehensive list of possible grounds for the acquisition of community communal property rights by forests by territorial communities is identified and characterized.

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERTAMBANGAN BATUAN NON LOGAM PADA TANAH HAK MILIK MASYARAKAT (Studi Pada Satreskrim Polres Kerinci)

The enforcement of mining law is done on the land of property rights is an interesting part for the scientific study, because on one side of law enforcement is a constitutional obligation to maintain the jurisdiction of the state law, on the other hand the land ownership is constitutional recognition or part of the form of state protection law against its citizens, or more specifically that one of the characteristics of a constitutional state is the protection of human rights. Ownership of land is a part of human rights, and even property rights to land can be communal. Based on the above description, the issues discussed in this research are: Firstly, how is law enforcement against the criminal act of non-metallic rock mining on community property rights in the area of ​​Kerinci Police . Secondly, what are the obstacles faced in law enforcement of non-metallic rock mining action on community property rights in Kerinci District Police and how to overcome these constraints.

Communal Property Rights and Deforestation: Evidence From Colombia

Deforestation is a large contributor to climate change. Controlling deforestation is difficult, especially because there are 484 million of hectares of forest that are community owned. In principle this arrangement could lead to a tragedy of the commons, however there could be economies of scale on monitoring outsiders' deforestation. We study the effect of communal titling on deforestation in Colombia, using a difference-in-differences strategy at the border. We find that deforestation decreased only in small communal titles, even when the control area are national parks. This suggests that communal titling can be effective on reducing deforestation if inhabitants can monitor the area titled.

The Governance of Emerging Value Chains and their Impacts on Traditional Communities

This article explores the effect of an evolving global value chain (GVC) on the livelihoods and labor processes of traditional communities, a theme of great conjecture within the literature. We review the impact of the new surge of demand for acai within four traditional communities in Amapa, along with their production processes and work divisions within a specific understanding of their sense of territory. The research was conducted with field work involving participant observation, interviews, questionnaires and photographic records. The results allowed detailing the actors, the organization, the (informal) contractual process and the form of governance within the chain. The paper highlights how rising demand creates new conflicts and uncertainties for chain governance, and that this is directly linked to the nature of contractual informality and communal property rights. This adds to existing concerns with respect to the prospect of communities/labor gains (social upgrading) as a result of GVC insertion.

“Land to the Original Owners”: Rethinking the Indigenous Politics of the Bolivian Agrarian Reform

AbstractWhen analyzing the effects of the 1952 Bolivian Revolution in the countryside, scholars have highlighted the political role of the colonos (tenants) and the extended program of land redistribution of large estates that started soon after the government decreed the agrarian reform. None of these studies have looked at the distinct political agenda led by comunarios—members of independent Indian communities—who had lost their lands to latifundio expansion. Uneasy with the government agenda that proclaimed land for those who work it, they petitioned restitution of their communal property rights, proclaiming “land to the original owners.” Revisionist scholars in the 1980s and 1990s, critical of the revolution, argued that the nationalist party eroded communal property rights. This article demonstrates that comunario political action after the revolution not only succeeded in reshaping the government agrarian agenda but also used the new legislation to regain lands lost to hacienda landlords since the late nineteenth century.

Sobre la propiedad comunal de los pueblos. De la Reforma a la Revolución

Este ensayo presenta una serie de reflexiones generales para orientar el desarrollo de una nueva historiografía acerca del fraccionamiento de las tierras comunales de los pueblos durante el medio siglo que precedió a la revolución de 1910. Recapitula las deficiencias de la narrativa que a lo largo del siglo XX definió la explicación de las causas y consecuencias de las desamortizaciones civiles y destaca el surgimiento reciente de investigaciones en archivos locales y regionales que la contradicen y que abren nuevos caminos analíticos e interpretativos. Se concentra luego en esbozar seis grandes temas que merecen una reconsideración conceptual y mayor investigación documental: la legislación como causa; la distribución de los derechos de propiedad comunales al interior de los pueblos antes de las desamortizaciones; la distinción entre la comunidad política y la comunidad territorial; el carácter de las relaciones (y las diferencias) sociales con respecto a la propiedad jurídicamente comunal en los pueblos del siglo XIX; el destino de las pequeñas parcelas excomunales establecidas por los repartos; y la relación entre la historia de la evolución de la tenencia tierra de los pueblos en el porfiriato y la reforma agraria ejidal de la Revolución.

ПРАВОВИЙ МЕХАНІЗМ ЯК ОСНОВА ОРГАНІЗАЦІЙНОГО ТА ЕКОНОМІЧНОГО МЕХАНІЗМІВ УЗГОДЖЕННЯ ІНТЕРЕСІВ ДЕРЖАВИ ТА ТЕРИТОРІАЛЬНИХ ГРОМАД В УКРАЇНІ

The article is devoted to the theoretical substantiation of the conditionality of organizational and economic mechanisms of coordination of interests of the state and territorial communities by the legal mechanism. Based on the analysis of scientific approaches to the concept and classification of mechanisms of public administration in general, the author proposes to ensure the coordination of the interests of the state and territorial communitiesin Ukraine through legal, organizational and economic mechanisms. The scientific publication reveals the content of the legal mechanism for reconciling the interests of the state and territorial communities through such elements as forms and methods of legal regulation. Among the forms of legal regulation of coordination of interests of the state and territorial communities in Ukraine, attention is focused on the Constitution of Ukraine, international acts ratified by the Parliament of Ukraine, competent, general, and sectoral laws of Ukraine, resolutions of the Cabinet of Ministers of Ukraine, and regulations of central and local executive bodies, local self- government bodies, the subject of regulation of which is the status of local state administrations and local self-government bodies, as well as the nature of relations between them. The methods of legal regulation include and characterize the permits, instructions, and prohibitions established for legislative acts, established for local state administrations and local self-government bodies. Taking into account the analysis of forms and methods of legal regulation of coordination of interests of the state and territorial communities in Ukraine, it is set that due to them the organizational and economic mechanisms of coordination of interests arise and are realized. In particular, with regard to the organizational mechanism, the legal mechanism creates such organizational elements as organizational entities, which are local state administrations, local governments, advisory, consultative and other bodies, as well as organizational actions, in particular, conciliation procedures, and for economic determines economic resources such as the order of formation and amounts of budget funds, objects ofstate and communal property rights.

ADMINISTRATIVE AND FINANCIAL DECENTRALIZATION CONCEPT AND FORMATION OF FINANCIAL SUPPORT COMMUNITY DEVELOPMENT IN UKRAINE

Urgency of the research. The desire of to enter the Europe is driven by goals and objectives, the implementation of which is of ligatory in close time perspective. One of these tasks is to conduct administrative and territorial reform and local government reform towards administrative and financial decentralization. Target setting. Exploring the essence of decentralization, it should be emphasized, that this subject is reflected in all major government policy documents, including - Sustainable Development Strategy Ukraine 2020 and the Coalition Agreement; State Regional Development Strategy up to 2020. Actual scientific researches and issues analysis. The study of the problems of decentralization engaged scholars, namely R. Musgrave, W. Oates. Among Ukrainian scientists in the Ukrainian economics issues of fiscal decentralization were considered by N. Bykadorova, B. Danylyshyn, A. Vasiliko, Z. Varnaliy M. Kozoriz, M. Kyzyma, V. Kravchenko, E. Libnova and other wellknown experts. Uninvestigated parts of general matters defining. Research work above does not allow scientists to conclude completeness assess their administrative - fiscal decentralization in the development of local communities. The research objective. The article is to study the administrative and financial decentralization, defining features of formation of the concept of financial security of local communities. The statement of basic materials. The article presents the main approaches to defining the essence of administrative and financial decentralization concept and features of formation of financial security of local communities in Ukraine. The study of this legal institution is reflected in all major government policy documents. The analysis of the regions of have conducted Territorial Communities. Conclusions. The association of local communities is the prospect of local government transition to a new level. Future research directions may be regulatory mechanisms to study the strategic planning, benchmarking, project management in a unified community and approaches to the management of community property rights.

Performance evaluation of forest co-management: a case study of Chunati Wildlife Sanctuary, Bangladesh

The objective was to evaluate the performance of the co-management of Nishorgo Support Project at Chunati Wildlife Sanctuary in Bangladesh. I adopted the Focus Groups Discussion method for opinion survey and applied the SWOT-AHP technique for data analysis. Local people did not participate in the decision-making process of forest management and they perceived co-management as a threat to their livelihoods. Moreover, mistrust and misunderstanding among different stakeholders, political and ethical conflicts, lack of property rights of tribal communities, and lack of accountability and transparency were identified as the drawbacks of co-management.

Communal property rights and land redistributions in Late Tsarist Russia

Communal property rights have long symbolized the apparent backwardness of rural Russian society in the late nineteenth century. Drawing on newly compiled data and qualitative sources, this article summarizes the institutions and practices of rural property rights in late Imperial Russia and shows that there was substantially more heterogeneity in what constituted peasant property rights than is commonly assumed. Archival and documentary accounts suggest that the emblematic practice of repartitioning communal land occurred relatively infrequently and, when undertaken, was generally managed in low‐cost ways. Econometric evidence from Moscow province implies that repartitions were driven more by concerns over the distribution of associated tax burdens than the desire to reallocate productive assets. Along with an analysis of cross‐sectional data on property rights and grain yields from European Russia, these findings suggest a weaker causal link between communal land practices and agricultural productivity than is typically asserted.