Land Ownership Issues Research Articles

TINJAUAN YURIDIS KEPASTIAN HUKUM PEMILIKAN RUMAH OLEH ORANG ASING YANG BERKEDUDUKAN DI INDONESIA MENURUT PERATURAN PEMERINTAH NOMOR 103 TAHUN 2015 TENTANG PEMILIKAN RUMAH TEMPAT TINGGAL ATAU HUNIAN ORANG ASING YANG BERKEDUDUKAN DI INDONESIA

Abstract This research discusses "Juridical Review Of The Legal Certainty Of Home Ownership By Foreign People Residing In Indonesia According To Government Regulation Number 103 Of 2015 Concerning Ownership Of Houses In Which Foreign People Reside In Indonesia". The background to this research emphasizes the issue of land ownership by foreigners, which is often a complicated and confusing topic in the legal realm, because it does not only cover aspects of ownership itself. This research aims to find out and understand the legal certainty of ownership of a residence or residence by foreigners domiciled in Indonesia according to PP No. 103 of 2015. As well as understanding the mechanisms for implementing and enforcing laws regarding home ownership by foreigners as regulated in PP No. 103 of 2015. The research method used is normative law, namely discussing problems using the approach of Law PP Number 103 of 2015. The results of the research state that the mechanism for implementing and enforcing the law regarding home ownership by foreigners is as regulated in PP No. 103 of 2015. And regarding legal certainty of ownership of residential or residential houses by foreigners domiciled in Indonesia according to PP No. 103 of 2015 in accordance with the original Article 21 paragraph (3) of the UUPA which states that foreigners obtain property rights due to inheritance without a will or mixing of assets due to marriage. Keywords : Legal Certainty, Foreign Citizens, Land Ownership

Agrarian Reform: Implementation and Exploration of Land Conflicts in Several Countries (A Bibliometric and Content Analysis of International Research on the Agrarian Reform Concept)

The disparity in the structure of land control which leads to agrarian disputes becomes a continuous discussion in the history of land tenure and land ownership in Indonesia. This research employed the bibliometric analysis and the content analysis of international research on agrarian law to provide a more holistic illustration of the latest research trends in the field of agrarian law. The problems of this research are, "Based on the bibliometric analysis, how do various countries regulate agrarian reform?" and "Based on the content analysis, how do various countries explore the resolution of land conflicts through agrarian reform?" This was normative research that employed the statute approach, the conceptual approach, and the comparative approach. This research utilized the VosViewer application to undergo bibliometric analysis from the data extracted from research database sources. The co-word analysis was employed by using keywords that emerged along with the article. Results showed that Article 33 of the Republic of Indonesia’s 1945 Constitution explains that the state must provide the greatest guarantee of societal welfare. The agrarian reform that is currently applied with several policies that were issued with the enactment of the Law on Job Creation has concerns about the existence of a paradigm that the existence of land is only for the interest of development and investors without paying attention to the needs of society. Various countries have agrarian issues with different backgrounds of problems that may be concluded into four issues, namely the failure in implementing the agrarian reform; the disparity in land ownership; limitations in handling issues of land ownership, and agrarian justice; as well as unjust political intervention.

Causes of Armed Ethnic Conf licts and their Implications on Security Management in Malakal Town, Upper Nile State, South Sudan

This paper analyzes the causes of armed ethnic conflicts in Malakal Town, Upper Nile State of South Sudan. The study identified several factors driving ethnic violence in the region, including ethnic conflicts, politically driven disputes, land ownership issues, revenge attacks, cattle rustling, and dowry-related tensions. It further revealed that political influence, marginalization, poverty, cultural practices, poor governance, and the arms trade play a significant role in perpetuating these conflicts. The findings provide valuable insights for policymakers and security agencies, emphasizing the importance of addressing underlying causes to promote long-term peace and stability in the area.

Forest Restoration through Village Common Forests in the Chittagong Hill Tracts of Bangladesh: The Role of NGO Interventions

Non-Governmental Organizations (NGOs) are widely recognized for their support of biodiversity conservation and forest restoration in tropical developing countries. In the Chittagong Hill Tracts (CHTs) of Bangladesh, ethnic forest-dependent communities have long maintained the Village Common Forest (VCF), an ancestral forest managed for community well-being. In recent years, some VCFs in the CHT have received support from local and international NGOs due to their perceived role in supporting biodiversity, ecosystem services, and improving local livelihoods. Although such support remains limited, its impacts on forest restoration and vegetation are not yet fully investigated. In the present study, we used remote sensing techniques and field surveys to measure vegetation cover changes and tree diversity in selected VCFs in the area. Our findings indicate that vegetation condition and tree diversity were better in NGO-supported VCFs compared with those without NGO intervention. Based on our study, we recommend increasing NGO involvement in VCF management with a more holistic and ecosystem-based approach, fostering institutional cooperation addressing land ownership issues, developing a market for forest ecosystem services, and improving local capacity for science-based forest management and ecosystem restoration in the CHT.

Land Ownership (Custom) Viewed from Historical Perspectives, Socio-Cultural and Tenurial Issues in Simalungun District

This study aims to examine the status of land ownership in Simalungun district in terms of historical, social, cultural and tenure perspectives. It is important to study this issue because until now the issue of land ownership has not been thoroughly resolved because there are migrants who claim that their customary land was found in Simalungun, whereas in reality their customary land was not found in Simalungun, but what was found was the king's land ( partuanon) according to the surname of the lord of the rest of the kitchen based on the custom of the tolu sahundulan lima saodoran. The method used in this research is descriptive qualitative with purposive sampling technique. Data analysis begins with the process of collecting primary data through in-depth interviews with 13 informants. By using interview guideline research instruments combined with the results of library research. The results of the interview transcripts were collected, tabulated, analyzed, verified, and displayed until the conclusions of the research results were formulated. The results of this study showed that in Simalungun district there were no customary lands, customary forests and customary lands from migrant residents and ethnic Simalungun. The land in Simalungun district is the king's land (Partuanon), the people and migrants are only given the right to cultivate, not to own in accordance with the ruling king's clan, namely Sisidapur and Simalungun customary law based on the Tolu sahundulan lima saodoran custom. The transfer of rights and land tenure in Simalungun district occurred after the proclamation of 17 August 1945 and the social revolution in 1946. All land in the former autonomous region in Simalungun became state property, including all of PT. TPL Tbk's concession land in Simalungun district.

Communal grant and land allocation effect on native land disputation in Malaysia

Land management and community engagement are two key components in preventing conflict among native landowners and organizations. Disputes between owners and agencies will be the most difficult impediment to overcome in the land ongoing development. Led to extensive opposition among native customary peoples to native customary land alienation, the government has worked to provide a fair manner of individual ownership for native customary peoples. This point shows how land ownership issues may pose a danger to the nation if they are not addressed in appropriate forms and ways to the native customary community. This paper examines the influence of Communal Grants and land allocation in the Sabah Land Ordinance on native land disputes among Malaysian native landowners. Native landowners from Sabah constituted the population of this study. Samples were chosen using a simple random sampling technique. The gathered 100 complete responses were analyzed using partial least square structural equation modeling (PLS-SEM). The findings revealed that the Communal Grants and land allocation in the Sabah Land Ordinance have significant positive influences on native customary land disputes. This study contributed significantly to the customary land alienation of native peoples as a minority group and indigenous world population.

Investment Opportunities in Uganda's Real Estate Market

Uganda's real estate market presents lucrative opportunities for investors driven by rapid urbanization, economic growth, and favorable government policies. Key urban centers like Kampala, Entebbe, and Mbarara are experiencing significant development, and increasing demand for residential, commercial, and industrial properties. This growth is bolstered by a steady rise in GDP, enhanced infrastructure, and increased foreign direct investment. However, investors must navigate challenges such as regulatory complexities, land ownership issues, economic volatility, and infrastructure deficiencies. Successful investment strategies include thorough market research, due diligence, strategic location choices, local partnerships, and sustainable practices. With careful planning, investors can capitalize on Uganda's dynamic real estate market and contribute to its ongoing development. Keywords: Urbanization, Economic Growth, Investment Opportunities, Real Estate Market, Infrastructure Development

Identifying Habitat Selection Concept as Results of Place Attachment Phenomenon in Kampung Keputran, Surabaya

This study investigates the complex phenomenon of place attachment and its impact on the formation and preservation of individual and communities’ identities to its cultural environment. Keputran kampung, situated in Surabaya's central business district, faces unique challenges such as annual flooding and the risk of eviction due to land ownership issues. Using qualitative descriptive research, including character appraisal, interviews, and observations, this study examines the place attachment phenomenon and its implications for its habitat selection concepts. Findings reveal the rapid development and strong characteristics of Keputran Village, classified as a attachment to a place stage with six identified factors influencing habitat selection on the residents' cultural aspects, emotions, cognition, and behavior. This study sheds light on the multifaceted nature of place attachment and its role in shaping the habitat selection concepts of Keputran kampung.

Protestantism, post-colonialism and Israel – 1948–1967

In this contribution, Protestant interaction with the State of Israel is analysed within the framework of the aftermath of Modern Imperialism between 1850 and 1950. It was the time when Western European nations expanded into areas previously inhabited by others, where they established white settlers’ communities as the political and economic dominant in the USA, Australia, New Zealand, South Africa and elsewhere. The genesis of the State of Israel in 1948 can be seen as a late example of the same phenomenon.Very soon after 1948 however, most Protestant churches would become aware of the importance of post-colonialism and a new global world order, where the West was no longer dominant and issues of land ownership in the former (semi-)colonies became important. This implied an overhaul of the idea, still current among Protestants in the 1950s, that the population exchanges in former Palestine in 1948 needed to be accepted both as a cultural advance and as an outcome of Bible exegesis.

Analisis Kasus Putusan Sengketa Tanah Garapan Oleh Masyarakat Di Desa Kwala Bingai Kecamatan Stabat

Agricultural land disputes and resolution of certain cases based on the decision of the Supreme Court of the Republic of Indonesia Number: 123/G/2023/PTUN-MDN. Cultivated land disputes are disputes related to the use of land by local communities without the consent of the land owner or government. Case resolution is a legal process that involves legal evidence and appropriate legal interpretation. This decision regulates the settlement of agricultural land between parties managing agricultural land that has not been resolved by the government. The Supreme Court decided that the plaintiff had the right to acquire agricultural land which was considered state land, and other parties had no legal basis to acquire the agricultural land. This decision reflects the legal basis that applies to cultivated land. Land dispute resolution is a complex issue that requires careful and professional handling to avoid conflicts of interest. This study also highlights land ownership and land management issues that require further discussion.

LEGAL EFFECTS ON CONTROL OF RIGHTS TO LAND OF THE FORMER EIGENDOM VERPONDING STATE IN DISPUTES BETWEEN HEIRS THE MULLER FAMILY WITH CITIZENS OF DAGO ELOS BANDUNG

Indonesia's Basic Agrarian Law (UUPA) sets out the requirements for the conversion of verponding eigendom land, regulating the rights of Westerners to be included in the applicable land law system. Based on the UUPA, land rights must be converted until September 24 1980. However, there are still frequent claims of land ownership resulting from eigendom disputes that have not been legally resolved, which causes land disputes. Case of verponding eigendom land dispute between the heirs of the Muller Family, PT. Dago Inti Graha versus Dago Elos residents is a clear example of the complexity that can occur in land ownership issues. Since it started in 2016, this dispute has been decided four times, one of which was at the PK level with Case Register Number 109 PK/Pdt/2022. Normative juridical and analytical descriptive approaches, in legal studies and relevant legal cases are analyzed. Result: According to the provisions of UUPA and its implementing regulations, as well as Government Regulation no. 24 of 1997, if there is no land eigendom verponding convention, the land then becomes state property. Through the trial, the Panel of Judges considered that the heirs of the Muller Family had succeeded in proving that they were the legal holders of land rights, compared to the claims of Dago Elos Residents who did not have proof of ownership and that the Muller Family heirs had more complete and valid supporting documents than the Residents. Dago Elos. Based on these considerations, the judge decided that the heirs of the Muller family had stronger and more legal rights to the disputed land than the Dago Elos residents. Therefore, the legal consequences for control of disputed land are that the heirs of the Muller family have the right to register the land and obtain legal recognition of ownership of the disputed land.

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.

Establishing Land Rights: The Vital Role of Indigenous Community Institutions in Controlling Land Ownership Certificates

The current issues related to land ownership rights revolve around the frequent complaints from the community about the authenticity of customary land release documents and some individuals within the indigenous community deliberately selling communal land that does not belong to them. Hence, it is necessary to analyze the role of the Indigenous Community Institution (ICI) in addressing land ownership issues. This research is qualitative in nature, with the research subjects being members of the ICI of Village and the indigenous community present in the village. The data collection methods used include observation, interviews, and documentation. After obtaining data through observation, interviews, and document collection, this data will go through a systematic series of analysis stages. These stages include data reduction, data presentation, and drawing conclusions based on information obtained from informants or sources related to the role of the Indigenous Community Institution (ICI) in supporting the issuance of land ownership certificates. The Indigenous Community Institution (ICI) of Village has three main roles, namely the Interpersonal Role, the Informational Role, and the Decision-Making Role. The ICI serves as a bridge between the indigenous community, the government, and the general public, with the aim of ensuring fair and pro-indigenous community policies. To enhance its effectiveness, communication and collaboration between the ICI, the government, and the community need to be strengthened. Additionally, there should be education and awareness-raising among the indigenous community regarding their customary land ownership rights.

Migration of Telugu Catholics in Madras Presidency – ce 1780–1910

Abstract The Catholic dioceses of Madras-Mylapore and Chingleput are home to 44 Telugu Catholic villages. These villages were established between 1780 and 1910 by Telugu Catholics who migrated from Andhra Pradesh to Tamil Nadu. This article delves into archival materials to trace the origins and destinations of these migrants, the factors that prompted their migration, the key protagonists and institutions involved, the caste dynamics at play, the assimilation process, and the contributions they made to the local society from a historical perspective. While this article primarily focuses on research about early colonial peasant migrations, it also explores the micro history of the Telugu community, offering insights into the challenges faced by contemporary migrations, including issues of land ownership, citizenship, and identity crisis. Furthermore, it analyses the post-migration environment, highlighting the social interactions, as well as the cultural, religious, and spiritual experiences of these communities. This analysis aims to demonstrate how these Telugu communities have successfully assimilated into the local society while preserving their unique identities.

Achieving sustainable development through agriculture-forestry-livestock nexus in Bangladesh: Synergies and trade-offs

CONTEXTIn the pursuit of achieving the Sustainable Development Goals (SDGs) by 2030, integrating agriculture-forestry-livestock (AFL) systems has emerged as a potential tool in developing countries. Yet, the extent of synergies and trade-offs associated with each SDG and viable strategies to address these trade-offs and leverage the synergies lack clarity. OBJECTIVEThe objective of this study is to investigate the synergies and trade-offs associated with integrating AFL practices in Bangladesh toward achieving the 17 SDGs and suggest appropriate solutions to address the trade-offs. METHODSThis study employs an online survey based on the Delphi principles, ensuring unbiased opinions from a diverse set of experts with relevant expertise in the AFL nexus. The first survey round gathers insights on potential synergies and trade-offs, and the second round focuses on effective management strategies to address the challenges. RESULTS AND CONCLUSIONSFindings reveal that AFL integration holds potential for synergies across SDGs, especially for poverty eradication, zero hunger, life on land, and climate action. However, trade-offs develop due to a lack of technical expertise and managerial knowledge, limited access to financial resources, fragmented land ownership, insufficient market opportunities, existing gender inequities, child labor practices, and an overreliance on wood as a fuel source in Bangladesh. To address these challenges, this study recommends comprehensive strategies such as creating specialized agricultural credit facilities, introducing insurance schemes, promoting cooperative associations, resolving land ownership issues, improving market linkages, addressing child labor, promoting gender equality, and advocating for clean energy alternatives like biogas. These strategies are linked with several national agendas of Bangladesh and aim to minimize trade-offs and maximize the synergies of AFL integration for sustainable development. SIGNIFICANCEThis research contributes to the global discourse on sustainable development by shedding light on the potential of AFL systems in Bangladesh and offers insights for policymakers and stakeholders. The findings also provide guidance for other developing countries facing similar challenges while pursuing the SDGs.

К вопросу о принадлежности митрополита Иоасафа (Скрипицына) к кругу «нестяжателей»

The article contains a critical analysis of the opinion prevailing in russian historiography that the metropolitan of All Russia Joasaph (Skripitsyn), unlike his predecessor Daniil, was a supporter of the so-called «non-possessors» - representatives of russian monasticism who called for renouncement of monasteries from land estates. Based on the sources cited in the article, the author comes to the conclusion that the opinion that metropolitan Joasaph (Skripitsyn) belongs to the «non-possessors» should be recognized as unfounded. It seems that in the context of modern ideas about the controversy between "Josephites" and "non-possessors" it would be generally incorrect to raise the question of the "non-possessiveness" of Ioasaph (Skripitsyn). Russian monasticism in the second quarter of the 16th century. was not totally divided on the issue of attitude to the monastic lands into two irreconcilable camps. The presence in his midst of groups of "Josephites" and "nonpossessors" who occupied extreme positions on the issue of church land ownership does not mean that all the rest certainly had to decide on such a "party" affiliation. Joasaph (Skripitsyn), unlike Metropolitan Daniel and Vassian (Patrikeev), most likely was alien to such a biased view of both the problem of monastic lands and monasticism in general.

Women Rights in Pashtun Tribes of Pakistan: Challenges and Opportunities

In Pakistan, women make up more than half of the population and are respected as independent persons under Sharia and Pakistani law. Nevertheless, gender-based violence and sexism remain serious problems in Pakistan. Especially in the Pashtun tribes of Khyber Pakhtunkhwa, a region in Pakistan that were originally known as Pashtun tribes, women still struggle with land ownership, forced marriage, education, the hijjab, and other issues. Religious laws allow this kind of discrimination, but it's important to remember that in Pashtun society, culture sometimes takes precedence over religious teachings. The aim of this study is to address the questions: to what extent do women contribute to these kinds of discriminations? How and who is more accountable for them, religion or society and why these practices were once supported by Pashtun tribes? The paper will also explore the true spirit of Islam regarding above mentioned rights of women.

Ташкент бегіліктерінің жерге иелік ету тарихынан (19 ғ. басы)

The article highlights and analyzes based on archival documents and historical sources the issues of land ownership in Tashkent in the early 19th century. Researched: the influence of Muslim law on the solution of land issues in the region, the harmonization of Muslim law and local customs in agriculture. Based on the above analysis, it is concluded that in Tashkent before the invasion of the Russian Empire, there was a peculiar and full-fledged legal institution of land tenure. Which was part of the legal institution of the Kokand Khanate and relied on Sharia law and the primordially ancient traditions of agriculture. The study was conducted based on the principle of historicism. In the course of the study were used a microhistorical approach, comparative, systematic, content analysis and problem-chronological methods.

Land Ownership Issues and Gender Equity in the Xolobe Rural Area of South Africa

Land Ownership Issues and Gender Equity in the Xolobe Rural Area of South Africa

Community Development Practices through Corporate Social Responsible (CSR) Program

Conflicts that occur between companies and communities often have detrimental impacts, both for companies, communities and local governments. Conflicts that occur are usually over land ownership or customary land issues, while one of the main factors causing conflict is community dissatisfaction with companies that are considered to have less attention and contribution to society. The conflict that occurred between the company and the community was in accordance with the media coverage of klip.com (2022) which stated that the Tebo Regency Government mediated to resolve conflicts between the community and two companies in the area which had been going on for a long time. This research is aimed at finding solutions to conflicts involving communities and companies through community empowerment schemes in the CSR program. As a result, the implementation of community empowerment in CSR programs is proven to reduce conflict between communities and companies. In essence, community development must not create dependency, but must be able to encourage the creation of more creativity and self-reliance in society.