Customary Land Law Research Articles

Perlindungan Hukum Hak Memunggut Hasil Hutan Bagi Suku Anak dalam di Propinsi Jambi

The right to collect forest products (forestry right) is one of the rights to land originating from customary land law which is then recognized as part of land rights that are permanent in the Agrarian Act Number 5 of 1960. The concept of the right to collect forest products is now interpreted as a right what big entrepreneurs can have in managing forests is of economic values, and not as a basis for the rights of indigenous/local peoples who have a living culture by relying on the existence of forest products. This different interpretation ultimately gave birth to policies and legal actions that deprived indigenous/local peoples of their rights to the forest as stated and recognized by the 1945 Constitution as part of protected customary rights. One of the indigenous/local people who use forest products as their source of life is the Suku Anak Dalam (Orang Rimba) community in the Sarolangun Regency area. The many functions of forest land conversion into industrial plantations, as well as the licensing of business use rights over customary forests make the living space and movement of these communities increasingly limited, even in the end giving birth to various land conflicts between indigenous peoples and forest entrepreneurs in the region. Therefore in the future a law is needed that regulates the right to collect forest products as permanent land rights and can provide justice to indigenous people through legal certainty, where the Suku Anak Dalam community is no longer seen as forest looters, or illegal occupation.

Judgment declaring the Sanga customary land law as the applicable law, not a general customary land law - Ogah Jatau v. Tanko Wakili & Anor (2024) (Unreported)

Judgment declaring the Sanga customary land law as the applicable law, not a general customary land law - Ogah Jatau v. Tanko Wakili & Anor (2024) (Unreported)

Kepemilikan Tanah Eks Eigendom Verponding 1065 Yang Ada Di Negeri Tawiri

Introduction: Land is a very important thing in Customary Law (can be referred to as Customary Land Law). The relationship between humans and land is closely related, namely land as a place for humans to live and continue their lives. Customary land is the property of customary law communities that have been controlled for a long time. Customary land law, known as land rights in Indonesia, such as ulayat lands, private lands, business lands, Gogolan lands, bengkok lands, agrarisch eigendom lands, and others.
 Purposes of the Research: This writing aims to find out the relationship between humans and the soil is very related to the land as a place for humans to live and continue their lives. While eigendom is a right of ownership to a land asset that existed during the Dutch colonial era that is subject to the provisions of Western land law in force for eigendom rights, then with the promulgation of the UUPA, the unification of Indonesian land law with the former Western rights that have not been converted to land rights as stipulated in the UUPA.
 Methods of the Research: legal writing that is juridical normative approach
 Results / Findings / Novelty of the Research: that the arrangement of compensation for the right of ownership of the Land of the former Eigendom Verponding 1065 that has not been converted is still possible to obtain proof of ownership, but not through conversion again but through granting new rights to the Office of the National Land Agency (BPN) with a certificate of ownership issued by the village head of the local area. Procedures and stages of land registration carried out by BPN Ambon on former Land objects eigendom 1065 the process of land rights derived from western rights including eigendom verponding to obtain legal certainty, by implementing the provisions of PP No.24 of 1997 consistently, well and truly will be about the right to land eigendom verponding, which ensures legal protection for holders of rights to the land of the former eigendom verponding. then the bookkeeping is simply done by giving a stamp/stamp on the evidence by writing the type of rights and rights number converted, which is regulated in PP Regulation No.24 of 1997 on land registration

The Existence of Customary Land Law of the Sultanate of Ternate After the Supreme Court Decision Number 57k/PDT/2017

The Existence of Customary Land Law of the Sultanate of Ternate After the Supreme Court Decision Number 57k/PDT/2017

The Costs of Passing in the Transvaal

This essay anticipates twentieth-century arguments about the production of the ideal transgender subject as those who are harbingers of an extractive ethnonationalism and have a right to transnational mobility. In looking at Olive Schreiner’s The Story of an African Farm (1883), this essay frames the white English settler and landowner Gregory Rose as a proto-transwoman. Gregory’s seamless gender-passing, to the point that they can move across national boundaries with ease, without declaring their citizenship, while still maintaining private property elsewhere, throws into relief the mobility of whiteness and the immobility of Blackness and Brownness within the Transvaal, and South Africa more broadly. Such a narrative of white settler womanhood imbricates the prototranswoman in the exacting of colonial land dispossession. The proto-transgender settler subject’s privilege of passing, both in gender presentation and across geographical borders, is predicated on the dissolution of Native African customary land law and the exacerbated surveillance of indentured laborers of Asian descent under legislative acts called “pass laws.”

Konsep Kepemilikan Tanah Adat Suku Tolaki Mekongga Serta Hak Atas Tanah Ulayatnya

Ulayat rights are the rights of customary law communities which in essence are the authority possessed by certain customary law communities. The customary land law of the Tolaki Mekongga tribe is land that is controlled or owned by a family, either because the family has directly cultivated it, or because the land has been inherited from generation to generation. The main objective of this research is to find out the concept of customary land ownership of the Tolaki Mekongga tribe and its relation to inheritance and customary rights. The type of research used in this study is normative legal research (doctrinal legal research), namely research on law as a norm and reality (behavior) or as something to aspire to and as a living reality or law. The Tolaki Mekongga indigenous people still exist today and occupy certain areas, but until now there are no regional regulations regarding customary rights over these areas, so efforts are needed to obtain legal certainty and justice for customary law communities in managing their customary rights.

Pendaftaran Tanah Sistematis Lengkap (PTSL) Terhadap Tanah Registrasi Desa (Letter C) di Desa Mangli Wetan, Kecamatan Tapen, Kabupaten Bondowoso

Bondowoso Regency Land Office is carrying out Complete Systematic Registration (PTSL) activities with 12 (Twelve) villages in Bondowoso Regency, one of which is in Mangli Wetan Village, Tapen District with the target of Land Rights Certificates (SHAT) and PBT (Map of Fields). Land) in the amount of 1600 (One Thousand and Six Hundred) plots of land which must be completed in 2022 (Two Thousand Twenty Two). Mangli Wetan Village is one example that indigenous peoples still maintain customary land law in Mangli Wetan Village with a large amount of uncertified land and land that has been transferred before the Village Head and crossed out in the Village registration book (Letter C). This study aims to determine the government's strategic program carried out by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency through Complete Systematic Land Registration (PTSL), especially for lands recorded in the Village Registration Book (Letter C) whose rights have not been certified in Mangli Village. Wetan, Tapen District, Bondowoso Regency. The belief in the existence of customary law that arises has become the foundation and stronghold for indigenous peoples to prevent disputes for the people in Mangli Wetan Village. Therefore, appreciation is needed for indigenous peoples in Mangli Wetan Village, Tapen District, Bondowoso Regency.

Legal Framework on Land Administration in Nigeria

Land Administration in Nigeria dates back to pre-colonialism Nigeria. Before the advent of colonialism, customary land laws applies in different parts of the country especially southern Nigeria while Islamic law applies in most parts of Northern Nigeria. After the advent of colonialism, several ordinances and proclamations were passed by the colonial administration on land administration. This paper aims to identify key laws and stakeholders in land administration with intent to suggest improvement on land administration in Nigeria. Several laws govern land administration in post independence Nigeria. The Land Use Act 1978 is one of the extent laws on land administration in Nigeria. The court, the Bar and the Executive are key stakeholders in land administration in Nigeria. Use of modern technology, training of staff and staff welfare are some important suggestions for better land administration in Nigeria. Doctrinal methodology was adopted in this paper due to its nature and objectives.

The Dichotomy of Land Laws in South Africa: The Challenges Faced by Women in Accessing Land

In sub-Saharan Africa (SSA) and other parts of the world, women rely on farming for the generation of their livelihood. However, their effort is limited by the dichotomy of land laws (statutory and customary land laws). The statutory land law promotes equality between men and women, giving women the right to buy, sell and inherit land. On the other hand, customary land law is grounded in patriarchal notions, where land is only allocated to a male figure as the head of the household. This law is the one that mostly supports men and rejects women. It is against this background that the present study argues that the dichotomy of land laws affects women. As a result, they experience a higher level of poverty than men. The present article used the legal pluralism theory to explain the existence of two different land laws in South Africa. Additionally, the study relied extensively on secondary sources as means of collecting relevant and required data. It employed strict textual analysis of the available literature relevant to the challenges of women in land ownership. The findings of the study show that the existence of customary law affects women who rely heavily on farming for their survival. On the basis of these, the study recommends that even though there are different land rights, the government should develop programmes that will ensure simultaneous operationalisation of these land laws. In addition, as much as there can be two laws that govern South African land, they should not contradict each other. Secondly, the land should be inheritable by both the male and female in a household.

Embracing risky refuge: women, land laws and livelihood vulnerabilities in rural Kenya

There has been a growing interest in laws governing resources particularly land in reference to gender in Africa. Law reforms in relation to land have produced potentially useful regulations and espoused egalitarian land rights. However, the backdrop to these reforms contains a scene of land disputes, resistance to laws, violence against women and poor enforcement leading to injustices to women with a pervasive effect on families in vulnerable communities. Using focused ethnographic research methods, the writer investigated women's land rights between November 2015 and August 2016. In-depth interviews, focus group discussions, review of archival records and observations were utilised. The study found that in contexts of prolonged livelihood vulnerabilities, as in the case of the Luo people of south-western Kenya, women seeking refuge from livelihood difficulties employ two strategies to anchor their security. They migrate from marital homes to fishing villages and also lay claim to marital land, which is held by men according to customary laws. These strategies produce social dilemmas and risky manoeuvering. Statutory land laws that are enacted to mitigate land related conflicts undermine the existing customary land laws that advantage men. Therefore, women's land claims, and statutory land laws that espouse equality in land ownership, destabilise men's sense of masculinity. By drawing on the experiences of women, I show the intersection between land laws, enduring injustices and gender relations in a context of strained livelihoods.

Analyzing the Changes of the Meaning of Customary Land in the Context of Land Grabbing in Malawi

Ordinary Malawians who live in customary land have been suffering from land grabbing due to their weak and ill-defined land rights. Although Malawi has experienced a number of land reforms that should have contributed to strengthening customary land rights, many people in customary land still suffer from land grabbing. Accordingly, it is important to understand the factors that lead to land grabbing in customary land in Malawi. Thus, by looking at the overview of land laws and policies throughout history, this study has two aims: (1) to analyze the historical changes in the meaning and position of customary land in Malawi and (2) to analyze the land grabbers in Malawi before, during, and after the colonial era. In order to achieve the main goals, this research mainly analyzes land laws and policies connected to customary land in Malawi. The main findings of this research are that (1) the meaning of customary land changed before and after the colonial period, but little has changed between the colonial period and the present. Since the creation of land laws during the colonial period, the land rights of the people who live in customary land have not been secured, and (2) the land grabbers changed from the British colonial rulers and European settlers to the Government of Malawi. Further, with the recent land laws, such as Land Act 2016 and Customary Land Act 2016, wealthy Malawians may become new land grabbers who can afford to obtain the customary estate grants. By examining the main results, it was found that from the colonial period until the present, customary land has been vulnerable to land grabbing as its weak position still resembles that of the colonial era. Thus, Malawi appears to face significant challenges in amending its customary land laws for the benefit of the poor.

Позитивні та дискусійні аспекти земельно-правової творчості О.С. Доброва

The article is devoted to the land and legal creativity of a member of the Commission for the Study of Customary Law of Ukraine, established in 1921 at the All-Ukrainian Academy of Sciences, O.S. Dobrov, in particular the peculiarities of the introduction into the mechanism of legal regulation of the then land relations of local customs. As a positive point, the proposed expansion of the historical period of existence of domestic land law, starting from the XVI century. It is stated that modern Ukrainian representatives of legal science have overlooked this fact. A debatable point in the work of O.S. Dobrov is an insufficiently substantiated proposal to apply local customs in land law through the prism of their compliance with the principle of compliance with the Civil Code of compliance with the socio-economic purpose of any civil rights of citizens called to implement solely to develop productive forces. Attention is drawn to the insufficient elaboration of empirical material by the scientist, because the illogical substitution of the basic private law principle of formation of civil rights in order to satisfy private interests on the purely public law principle of achieving state interests ultimately leads to complete leveling of customary land law. Keywords: land law, local customs, customary land law norms, public interests, private interests

The Implications of Land Tenure Systems on Socio-Economic Development in Kumbo Central Sub-Division, North West Region of Cameroon

This study explores the impact of land tenure systems on the socio-economic development of Kumbo Central Sub-Division. The incompatibility of the Statutory and Customary land tenure and land laws in Kumbo brings about conflict between the land laws and land users at large. Land tenure insecurity and lack of land certificates are the major reasons for the slow growth rate in the socio-economic development of Kumbo. This study seeks to assess the reasons for tenure insecurity and implications on the socio-economic development of Kumbo. Data necessary for the realization of this study were obtained through primary and secondary data collection techniques such as questionnaires, interviews, field observation, focus group discussions, snap shorts and the review of related documented materials. These techniques followed a stratified sampling on an age selective population that was liable to have access to land. The study revealed that land ownership and land use conflicts emanate from poor and incompatible land tenure systems in Kumbo. The study recommended that the problem of incompatibility between the two tenure systems can be resolved by harmonizing the two laws. Also, the Social Tenure Domain System was recommended to solve the problem of land tenure insecurity if well implemented by the Government of Cameroon. This model enhances land tenure security for all, especially the vulnerable groups. If all these recommendations are implemented effectively, socio-economic development in Kumbo will be greatly accelerated.

Planning by (mis)rule of laws: The idiom and dilemma of planning within Ghana’s dual legal land systems

This paper contributes to our understanding of urban planning challenges within dual legal land systems in sub-Sahara Africa. It draws ideas from Ananya Roy’s “idioms of urbanization and planning” to make two arguments regarding the prevailing idiom of planning urban and peri-urban areas in Ghana. First, there is (mis)rule of statutory planning and land laws: the state places itself both within and outside statutory planning laws to enforce eminent domain powers, lease publicly acquired land to private developers, (un)map people, places, and informal economic activities, and pay or refuse to pay compensation for publicly acquired land. Second, this (mis)rule co-exists with (mis)rule of customary land laws: customary authorities place themselves within and outside customary laws to negotiate with state and prospective land buyers, (re)lease publicly acquired lands to private developers, and engage in double dipping within Ghana’s deregulated land market (i.e. leasing the same land parcel to multiple developers). Thus, both state and customary authorities, as sovereign keepers of statutory and customary land and planning laws, are able to place themselves within and outside Ghana’s dual legal land rules to declare property ownership, enclaves of value, and zones of exception. Herein lies the idiom and dilemma of planning within Ghana’s dual legal land systems: (mis)rule of statutory and customary planning and land laws.

Whose Land Is It Anyway?

This Article dives into Ghana’s complex land-registration system, which is influenced by both statutory and customary law. Section II discusses Ghana’s statutory land laws. Section III provides a brief overview of Ghana’s customary land laws. Section IV discusses several obstacles within Ghana’s land-administration system.

Perlindungan Hukum bagi Pembeli atas Hak Milik Tanah dalam Menikmati Fungsi dan Manfaat Tanah sebagai Pemegang Hak Milik

In the process of buying and selling land as the basis for the transition of land rights from the seller to buyers in the area of Bolaang Mongondow, especially in Lolak Village District Lolak is done in two ways, namely the process of buying and selling as in general the sale and purchase of land ownership is a unity of land and buildings and plants above it and the process of buying and selling of land is not a unity between the land and buildings and plants above it or the sale and purchase by using the principle of separation horizontal is separate sale and purchase. However, in the development of the practice of the process of buying and selling land that is considered as part of the process of buying and selling property rights on customary land or customary law, it raises legal problems, the process of buying and selling property rights on land that can not provide legal protection of the status of property in full for the buyer in the land and enjoy the benefits and functions of the land itself.

Legal Standing of Customary Land in Indonesia: A Comparative Study of Land Administration Systems

Prove of land ownership by customary land is generally unwritten, just a confession of the surrounding communities with nature sign boundaries. If land ownership cannot be supported by strong evidence, the land may be registered by someone else who has getting physically for 20 years or more in consecutively and qualified on Government Regulation No. 24 of 1997 concerning Land Registration. Proof of old rights derived from the customary land law is rationally difficult to prove because there are no written documents. Customary land law does not know written ownership, only physical possession continually so it is very prone to conflict or dispute. In order to develop land administration in Indonesia, the values of customary land law contained in its principles is expected to be reflected in the land administration so it can reduce land conflict in the community. The role of customary land law has a large portion of the national land law. The role of government or ruling is very important to create a conducive condition in the land sector. A land is not allowed for personal or group interests, its use must be adjusted with the condition and the characteristic of their rights so useful, both for the prosperity and helpful to community and state.

Usufructuary Right Over Land in Eritrea: Can it Be Sold?

This is a commentary on usufructuary right over land in Eritrea’s legal system. After Eritrea’s independence, land related issues are perhaps the most confusing areas of law in the country. Some of the uncertainty stems from the difference between customary and modern land laws. Although land laws proclaimed by colonizers, Italy and Ethiopia, and later by the Transitional Government of Eritrean annulled customary land laws, and despite conflicts between the two set of laws, both existed in parallel. The reason is that these governments did not fully implement the land proclamations they enact. Perhaps, another source of the misunderstanding is lack of clarity in the proclaimed laws and inadequate information on content and application. As a result, the misunderstanding continues. In this paper an attempt will be made to analyze the property right attached to usufruct. The emphasis is on one aspect of these rights that still persists. An effort is made to answer whether a holder of a land right, usufructuary, can sell that right. Although the focus is on the right to sale, other modes of transfer, such as inheritance, are touched upon. The concept of ‘usufruct’ is believed to be one of the most serious causes for land related disputes and misinformation. The uncertainty on this type of right over land has significantly impaired a large number of citizens the enjoyment of their right over property.

RECOGNITION OF THE CUSTOMARY LAND LAW IN THE CONSTITUTION OF INDONESIA AND MALAYSIA

Recognition of customary land law is very important for indigenous peoples in their daily lives to protect the existence of the preservation of customary law itself, because this is a traditional lands where they carry out their daily routines and develop their traditional habits which categorized as unique and different from other areas. In Indonesia, the customary land law is recognized as long as it really exists and does not contradict the higher principle and state law. We can see it in article 3 UUPA in 1960, and article 18b paragraph 1945 Constitution of the Republic of Indonesia; while in Malaysia, customary land law is also protected in the Constitution of Malaysia Certificate 134, Original Certificate in 1954. Moreover, the recognition of indigenous land has also been described by the "UN Declaration on the Rights of Indigenous Peoples in articles 8, 10, 26, 29, 30, 32", the UN explains how they give great recognition of the law of customary land to provide rights and obligations to society custom to protect the existence and preservation of the traditions that they get from their ancestors.

Communal Land Rights of Malay People in North Sumatera: Power, State and Deulayatisasi

This article aims to unravel a shift of control / ownership of communal land of the Malays of Deli in North Sumatra. The commonly well-known communal lands, before the arrival of the Dutch colonial, was still inherent with the authorities of villages and was evolutionarily taken over by the foreign planters through concessionary contracts, which were dully signed by the Sultanate of Deli and the said foreign planters. The Indonesian independence in 1945 and the period that went beyond had in fact not contributed any improvement of the situation and instead it had exacerbated social and legal relations between the Malays of Deli and their ancestral lands. The said successful state laws had been so successful to keep these local natives away from their most important resource of life, namely their very lands. “Deulayatisasi” through state laws that was heavily oriented to the interests of capitalization to have seemingly been so successful to curtail the long journey of communal land rights in this country that seemed to have been pioneered by Van Vollenhoven during the early period of 20th century. The customary land law, in Indonesia, will someday become a kind of a beautiful story in the course of historiographical laws of Indonesia.