Land Disputes Research Articles

Land disputes on legal certainty in South Sulawesi South Sulawesi in 2023

Objective To begin with, the plaintiff is questioned about the contents of his claim. The judge can make a decision with the help of local examination. When it comes to the construction of evidence in civil cases, the duties and responsibilities of local examination of the object of land dispute is an issue that arises. shows that local examination based on Article 153 HIR, Article 180 R. Bg or Article 211 Rv as well as SEMA No. 7 of 2001 does not reflect legal certainty because it does not regulate the mechanism of local examination in the field thoroughly, which leads to many interpretations. In addition, it is still ambiguous whether local examination is a means of evidence whose value is left to the judge or whether local examination is only an examination tool or method of obtaining evidence. Research Results and Discussion Local inspection results are a valid source of evidence in civil cases, local examinations have the following legal consequences: (1) court costs if the judge requests a local examination; and (2) the evidentiary power of the local examination. Both of these are legal consequences that need to be clarified in future regulations. elements that need to be clarified in future regulations. Conclusion In civil cases, all cases relating to immovable property are required to ensure legal certainty in the future regulation of local inspection of land. to create legal certainty regarding local inspection, the diversity of this regulation is very important. In order to create legal certainty regarding local examination, diversity of regulation is essential. Regulations regarding local examination should be established at the level of a law so that they have strong legal force against all parties involved in the case, including judges, clerks, and all other parties.

Smallholder Farmers’ Perception of Land Conflict: A Case Study of Mara Chiefdom, Bombali District, Sierra Leone

This research aimed to assess the perceptions of smallholder farmers in Mara chiefdom, Bombali District, regarding land conflicts. It focused on investigating types, causes, impacts, and strategies for mitigating these conflicts. Quantitative and qualitative study was used, with 80 household head farmers from four communities and four (4) focus group Discussions. Data was collected through primary methods, including questionnaires and focus group discussions. Results from the research revealed that the prevailing types of land conflicts are family, individual, and land use conflict. Factors responsible for these conflicts are the weak nature of national and local policies, the increase in population, and gender biases in terms of allocation of land and settling of land disputes. Conflicts impact humans, the environment, and society, and dialogue has effectively addressed these conflicts. The study suggests the government should collaborate with landowners, raise land policy awareness, engage farmers, cattle rearers, Sun Bird Bio Energy Company, formerly Addax, and establish a local control mechanism. It also recommends community consent for land custodians to avoid misuse. Future research should involve a large-scale study for more reliable findings.

Japan's territorial policy /Land disputes in East China Sea/

"Land is the foundation of the country," said the King of the Human Dynasty. In the history of mankind, since the formation of clans, property relations, and the state, the struggle for land has continued uninterruptedly and will certainly continue without end. Today it may seem like problems are solved, but what will happen tomorrow is unpredictable. The more countries border, the more problems arise, and not only continental countries but also countries surrounded by seas cannot avoid this problem. This presentation discusses the territorial and nominal issues of the disputed maritime border with Japan. Нутаг дэвсгэрийн талаарх япон улсын баримтлах бодлого Хураангуй: “Газар бол улсын үндэс” гэж Хүн гүрний хаан хэлсэн байдаг. Хүн төрөлхтөний түүхэнд овгийн байгуулал, өмчийн харилцаа, сүүлд төрт улс үүссэн цагаас хойш газрын нутгийн төлөөх тэмцэл тасралтгүй үргэлжлэлж ирсэн бөгөөд цаашид ч эцэс төгсгөлгүй үргэлжлэх нь гарцаагүй. Өнөө магадгүй амар амгалан, асуудлаа шийдсэн мэт харагдавч маргааш юу болохыг таашгүй. Хичнээн улс оронтой хиллэнэ, төдий чинээ асуудал үүсдэг ба эх газрын орнуудын төдийгүй далай тэнгисээр хүрээлэгдсэн улс орнуудыг энэхүү асуудлыг тойрч гарахгүй юм. Энэхүү илтгэлээрээ Япон улстай далай тэнгисийн хилийн маргаантай газар нутаг, нэршилийн асуудлыг хөндсөн болно. Түлхүүр үг: нутаг дэвсгэрийн нэршил, Сан Францискогийн гэрээ, Гаагийн конвенц, нотолгоо

Penanganan Sengketa Pertanahan dalam Perspektif Agraria

Dispute is an inseparable part of conflict, which can occur in various aspects of daily life. Studying disputes is crucial to understand their nature and resolution methods. This research uses a normative research method with prescriptive research specifications and a comparative, conceptual, and historical approach. Data is collected through a bibliographic study from primary, secondary, and tertiary legal sources. Land conflicts are often caused by issues such as boundary disputes, inheritance, state land control, and legal uncertainty in land tenure, which fundamentally stem from the imbalance of land rights ownership and uncontrolled land conversion. Land dispute resolution can be carried out through litigation and non-litigation pathways. The litigation pathway offers legal certainty, execution power, and transparency but has weaknesses in terms of cost, time, and its confrontational nature. Conversely, the non-litigation pathway is more efficient in terms of cost, time, and its collaborative nature, but is limited in terms of execution and legal certainty. Therefore, the choice of dispute resolution method must consider the characteristics of the dispute and the needs of the parties involved.

Juridical Study of the Settlement of Land Dispute Case of Laba Pura Bukit Jati in Bangli Regency

Based on this theory, the Laba Pura area is the Kanista Mandala Pura, or the temple grounds outside the temple itself. The focus of this research is to conduct a thorough investigation of the land dispute in Bukit Jati Temple, Bangli Regency. Therefore, it is expected that Pengempon Pura is able to manage Pura Profits creatively in order to help maintain a harmonious balance in temple operations. Normative legal research is the research methodology used in this thesis. People easily divert Pura Profit land because they consider it as ordinary land, just like other agricultural properties. Efforts to preserve customary land must be watched by the government and temple owners, therefore Laba Pura land or also known as Pelaba Pura land needs legal protection. Legal certainty usually views the trustworthiness of the transfer of land rights in Laba Pura as equivalent to the transfer of land ownership rights.

Tinjauan Yuridis terhadap Penyelesaian Sengketa Tanah di Jakarta Barat

T Land dispute resolution is a complex issue in Indonesia, especially in urban areas such as West Jakarta. These disputes often involve the sale and purchase of the land in question, as in case Number 59/Pdt.G/2023/PN Jkt.Brt. This study aims to analyze juridically the settlement of land disputes and how they are implemented in the Indonesian legal system. The method used in this study is normative legal research that focuses on literature review. The results of the study show that the implementation of mediation as one of the dispute resolution methods provides equal justice for both parties, and can result in a peace agreement that has legal force. The conclusion of this study is that the mediation mechanism has great potential in resolving land disputes more effectively than the litigation route.

Territorial Conflicts and Land Management in the Amazon: Challenges and Dynamics in Rondônia

Objective: This article investigates the interaction between agrarian conflicts and territorial management in Rondônia, analyzing the relationship between land disputes, crime, and public policies. Theoretical Framework: The Amazon, vital to the global climate and rich in biodiversity, faces deforestation and territorial conflicts. These challenges, exacerbated by the lack of land regularization, require policies that promote socio-environmental justice and territorial rights of traditional populations (Sauer & Marés, 2013; Clement & Fonseca, 2008). Methods: The research adopts a methodological approach based on literature review and analysis of data from institutions such as IBGE, INCRA, and Comissão Pastoral da Terra. The triangulation of quantitative and qualitative data allowed for an in-depth understanding of occupation patterns and territorial conflicts in Rondônia. Results and Discussion: The results demonstrate a correlation between conflicts, crime, and territorial management. The lack of effective public policies results in violent disputes, highlighting the need for integrated strategies to resolve these conflicts. Research Implications: The research shows that public policies should focus on land regularization and peaceful mediation of conflicts to reduce violence and improve security in rural areas of the Amazon. Originality/value: The study contributes by analyzing the relationship between land management and agrarian conflicts in Rondônia, proposing integrated and inclusive approaches to reduce violence and promote sustainable development.

Explaining Political Violence In South Asia: Theories And Concepts

Political violence in South Asia has escalated significantly since the region’s independence, primarily driven by the erosion of social cohesion. This paper investigates the socio-political and economic foundations that underlie violent political actions. By examining key movements across South Asia, including the Bengali liberation struggle, Kashmir and tribal conflicts in Northeast India, the MQM problem in Pakistan, the JVP and Tamil insurgency in Sri Lanka, the study identifies internal colonisation, state repression, and resource mobilisation as central catalysts of violence. The analysis highlights the role of relative deprivation, land disputes, and marginalisation as pivotal motivators for insurgencies. Additionally, state incapacity and external support further exacerbate and sustain violent movements. The paper concludes that the exclusion of marginalised groups from political power and economic opportunities, compounded by uneven development, continues to fuel cycles of violence in the region

The Importance of Determining The Legal Relationship In Civil Cases

In the realm of land disputes, where ownership and covenants are often at the core of the conflict, identifying the correct legal relationship between the parties involved is crucial for the proper application of the law. This research aims to examine the legal considerations behind the court's decision and its conformity with applicable legal principles. This research utilizes normative legal research methods, focusing on primary legal materials to explore the judicial process. The results showed that the judge's decision in Makale District Court case No. 41/Pdt.G/2012/PN.MKL was incorrect. The judge treated the dispute as an inherited land dispute, whereas the core of the dispute was a dispute over the redemption of mortgaged land. This dispute occurred between the Plaintiff who had entered into a land pawn agreement with A.P. Limbong Allo and the Defendant who redeemed the land, even though they did not have a legal relationship with A.P. Limbong Allo. According to Article 1338 of the Civil Code, legally binding agreements only apply to the parties involved. Thus, the court should declare the Plaintiff's claim inadmissible (Niet Onvankelijk Verclaard) for lack of proper parties, as A.P. Limbong Allo was not included as a party. Limbong Allo was not included as a Defendant. This research implies the need for accurate identification of legal relationships in the civil litigation process, which impacts on court decisions and procedural justice.

Public participation in the administration of justice during the polish-lithuanian period (14th – first half of the 17th century)

The scientific article examines the development and functioning of the judicial system on Ukrainian lands during the Polish-Lithuanian rule (14th – first half of the 17th century). The main focus is on the multi-level structure of judicial authority, which included the central power represented by the prince and boyars, as well as local power exercised by appointed officials such as voivodes, volostels, and posadniks. It is established that the legal heritage of Kyivan Rus significantly influenced the judicial system of Ukrainian lands during the Lithuanian principality, providing stability and consistency in legal regulation. The implementation of Magdeburg Law in certain cities is discussed, which brought new legal standards and granted some autonomy to urban communities. The role of various forms of public justice, such as veche, arbitration, kopa, communal, peace, and bench courts, is identified. The analysis covers kopa (communal) courts, which had survived since the times of Kyivan Rus and operated based on ancient Rus law. It is emphasized that kopa courts existed on Ukrainian lands both in the Polish Kingdom and the Grand Duchy of Lithuania. Their uniqueness lay in the participation of representatives from all social strata, which ensured a wide range of opinions and experiences. This form of justice involved the consideration of various cases, including land disputes, criminal offenses, inheritance issues, and other civil matters. Despite the spread of German law, which introduced new legal standards and procedures, kopa courts remained important institutions, especially in rural communities. Kopa courts were an integral part of the legal system of Ukrainian lands during the medieval period, ensuring access to justice for all social strata and playing an important role in maintaining social justice and legal order. A separate section of the article is dedicated to Wallachian law, which spread in the western Ukrainian lands in the 14th century and provided for a democratic form of justice through judicial veche. In summary, the coexistence of different legal systems – German, Rus, and Wallachian law – created a multifaceted legal culture that met the needs of various societal layers and ensured the stability and predictability of judicial decisions on Ukrainian lands during the medieval period.

Evaluating the Sustainability of Incentive-based Conservation: A Case Study of the Taungya System in the Mount Elgon Conservation Area, Uganda

This study evaluates the sustainability of the Taungya system, an incentive-based conservation approach implemented in the Mount Elgon Conservation Area, Uganda. The system integrates reforestation with agricultural practices, aiming to balance biodiversity conservation and local community livelihoods. Utilizing a mixed-methods approach, quantitative data from structured surveys of 240 program participants were analyzed using SPSS, while thematic analysis was applied to qualitative insights from key informant interviews. The findings show a 68% increase in vegetation cover, demonstrating the system’s positive environmental impact. However, socio-economic benefits were uneven, with 86% of participants both consuming and selling crops, yet 93% reported that the benefits were insufficient to sustain them year-round. Key challenges included insecure land tenure, limited land size, and restrictions on agricultural practices like pruning and spraying. Despite these obstacles, the Taungya system fostered reforestation and community livelihoods, though unresolved land disputes and wildlife interactions contributed to negative perceptions of conservation efforts. These findings highlight important considerations for improving incentive-based conservation models, including the need for policy reforms that secure land tenure, expand land allocations, and support sustainable agricultural practices. The broader implications suggest that similar models in tropical regions can benefit from incorporating local needs into conservation goals to ensure long-term success.

Evaluation of Traditional Land Dispute Resolution Mechanisms in Liberia

Land dispute is ubiquitous in Liberia. Most problems arise from people who squat on land illegally and in some instance sell the same parcel of land to more than one person. Usually, this issue is resolved by traditional land dispute resolution mechanisms. Therefore, this study aimed to evaluate the effectiveness of the traditional land dispute resolution mechanisms in Liberia by employing an empirical and comparative approach and drawing on data collected from 110 farming households. The nature of the conflict, causes of land dispute, individuals’ characteristics, the mandate of the traditional mediators, the linkage between the legal process and traditional land dispute resolution mechanisms, the forms of the resolution mechanisms, the acceptance of the outcomes, and political and social situations were carefully studied. The findings of this study thus supported the notion that traditional means for resolving land disputes are more efficient than the statutory system. Additionally, it was demonstrated that the traditional and the statutory land dispute resolution mechanisms complement one another. However, there is an indication that land dispute will continue to be the biggest concern in the future as many people have started squatting and exploring open areas throughout the country. This is because the country's land laws and policies are not widely known by the citizens. Thus, policy intervention is needed.

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.

Factors Influencing Peri-Urban Land Development in Ethiopia: Evidences from Assosa City

Like other developing countries, Ethiopia has adopted its land administration system (LAS) based on socio-economic, environmental, and administrative circumstances to allocate and use the land. However, the two ineffective lines of urban and rural land tenure guidelines and legal frameworks play a surprising strategic role in access to land and peri-urban land development. Comprehensive land policies are prospects for today's peri-urban areas to become tomorrow's huge cities. This paper aims to investigate the factors influencing peri-urban land development in Assosa Town and indicate the design of effective LAS. A mixed research approach was employed, and data was collected from both primary and secondary sources. The sample respondents were selected using purposive sampling techniques and descriptive and inferential statistical data analysis methods were employed. The findings revealed that bifurcated and ineffective legal and institutional frameworks, limited public-private participation, and technical constraints adversely affect peri-urban land development. The dichotomized land use development has neglected urban fringe areas and contributed to the prevailing negative peri-urban land developments. Development resulted with limited access to serviced land and deprived of land development permit. <i>Following this, peri-urban landholders became a crucial contributor to the development of peri-urban land in a negative manner.</i> Almost all sampled households developed their land contrary to the legal frameworks and standards. The estimated results of the binary logit model indicate that several factors influence peri-urban land development, including sex, monthly household income, access to official land and land information, land disputes, the alternative land development tool, and institutional integration. It is recommended to have an all-in-one land policy and administration strategy to promote sustainable development in the study area and beyond.

THỰC TRẠNG PHÁP LUẬT VỀ GIẢI QUYẾT TRANH CHẤP ĐẤT ĐAI VÀ GIẢI PHÁP HOÀN THIỆN

Land disputes are a common phenomenon occurring in social life. In particular, since land use rights are considered goods, land disputes are becoming increasingly complicated. In the process of implementing the plan to change the Land Law, the Draft Land Law (amended) has a number of new contents related to land dispute resolution that are worth noting. However, according to the new Land Law 2024 just passed by the National Assembly on January 18, 2024 (effective from January 1, 2025), this issue has almost nothing new compared to the provisions of the current Land Law 2013. Therefore, this article will analyze and evaluate current legal provisions related to land disputes, such as: concepts of land disputes, authority, procedures for resolving land disputes, guidelines for resolving land disputes, in order to contribute to perfecting the law on resolving land disputes in the coming time.

Peran Komunikasi Pemangku Adat Nagari Padang Laweh Dalam Mengatasi Sengketa Tanah Ulayat

This research aims to examine the role of traditional leaders' communication in Nagari Padang Laweh Malalo in resolving customary land disputes in Tanah Datar Regency. Customary land disputes often lead to prolonged and complex conflicts within indigenous communities. To address this issue, the study employs a qualitative approach, gathering data through semi-structured interviews with traditional leaders and direct field observations. The findings indicate that traditional leaders play a vital role in mediating and resolving disputes, which serves as a benchmark in customary land conflict resolution. They prioritize consensus-building and active community participation in the conflict resolution process. Respect for traditional customs has proven effective in achieving fair and sustainable solutions. Additionally, collaboration among traditional leaders, government authorities, and legal institutions strengthens efforts to resolve disputes, thereby fostering harmony and stability within the community. In conclusion, this study confirms that effective communication and mediation strategies rooted in customary values are key to addressing customary land disputes in Nagari Padang Laweh Malalo. These findings provide valuable insights for managing land conflicts in other indigenous communities and reinforce the role of traditional leaders in promoting peace and justice within society

The European Green Deal, the rush for critical raw materials, and colonialism

ABSTRACT One of the core pathways under the European Green Deal to achieving climate neutrality by 2050 is ensuring a secure, resilient and sustainable supply of the critical raw materials needed for a net zero economy. The emphasis on supply, however, risks overlooking conflicts that critical raw material mining may give rise to, including land disputes, social unrest and displacement of local communities, which, in the case of some Member States, involves indigenous people and perpetuates colonial legacies. These conflicts are polycentric in the sense that they are formally independent of actions under the European Green Deal but still create a complex cause-and-effect relationship that involves a vast number of unrepresented but relevant interests. Mapping these relationships requires addressing colonialism – past and present – as well as the role of indigenous communities in EU law, and the significance of sustainability in supplying resources for the functioning of the internal market.

The Position of Land Ownership Certificates in Settlement of Inheritance Disputes

Land is one of the basic human needs. This article is motivated by the lack of legal certainty regarding land ownership. Many land disputes continue to arise due to inappropriate locations or boundaries, such as duplicate certificates. A certificate of ownership is a copy of the land register and its dimensions, if accompanied by a cover paper, the form of which is determined by ministerial regulations. The aim of this research is to understand certificates as proof of rights and title to land. The method used in this research uses a normative method, by analyzing existing legislation and literature. Based on the large number of cases related to land, it can be concluded that ownership of a land certificate is an important basic proof of land ownership. Ownership rights to land remain with the owner as long as the owner does not release or surrender his rights

Общественно-политические установки молодого поколения дагестанцев: через призму исламского вероучения (по результатам социологического опроса)

At the initial stage of the religious revival, the activity of confessional institutions was somewhat passive, but now it is being intensified, which is expressed in the expansion of the space of influence of religious figures, the orientation of the population to simultaneously receive religious and secular education, and the introduction of a large layer of the population with religious knowledge. The article puts forward the hypothesis about the increasing role of traditional faiths and religious institutions in the social processes of modern Russian society. Consequently, the study of the religious component, in this context of the Islamic factor, from the standpoint of forecasting and assessing its role in modern Dagestan society, acquires special significance, because it will allow us to outline the trajectory of development of state-confessional relations, develop effective religious policies and provisions that do not violate the secular nature of the state devices of Russia. The perception and assessment of Islamic teachings in the socio-political life of the republic by the younger generation of Dagestanis is analyzed. The analysis shows the dominance in the mass consciousness of Dagestan youth that the position on the state structure is based on Islamic teachings; the author assumes that the younger generation lacks the understanding of the essence and specifics of government based on Muslim postulates. The surveyed Dagestan youth are consistent in their positions and in resolving controversial issues in a variety of social spheres (economic activity, land dispute between owners, family conflict, domestic violence, etc.), according to the Sharia court, which has acquired greater authority in everyday life population of Dagestan. In the mass consciousness of the younger generation of the republic, there is a priority of Muslim teaching and the designation of its special status, which is a destructive phenomenon, because it can create religious intolerance and destabilize Dagestan society. The younger generation of Dagestanis associates the function of religious teaching in public life with the dissemination of the fundamentals of religion and religious morality, spiritual and moral education and charity.

The Status of the People’s Tribunal in Resolving Land Disputes in the Dago Elos Community

This study aims to analyze the status of the People’s Tribunal within the context of land dispute resolution in the Dago Elos community. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that despite lacking legally binding power, the People’s Tribunal plays a crucial role in fighting for justice and giving a voice to communities who feel their rights have been neglected by the formal judicial system. In the context of the Dago Elos land dispute, the People’s Tribunal serves as a platform for the community to articulate their dissatisfaction with court decisions perceived as unjust, and to fight for recognition of their rights to land and natural resources. The People’s Tribunal also symbolizes resistance against the legacy of colonialism and encourages more responsive legal reforms. Therefore, it is recommended that law enforcement agencies consider the People’s Tribunal’s verdict as valuable input in the law enforcement process, especially in cases involving structural injustice and human rights violations. The government needs to be more responsive to the aspirations of the community and strive for agrarian legal reforms that are more just, by recognizing and protecting the rights of local communities to land and natural resources. The community is advised to continue to strengthen the role of the People’s Tribunal as an alternative means of dispute resolution and upholding justice. In addition, the community is expected to participate in the decision-making process and oversee public policies related to the management of land and natural resources to ensure that these policies benefit the wider community and are sustainable.