Land Issues Research Articles

Unraveling Rural Land Conflicts in Bangladesh: Stakeholders, Power Dynamics, and Paths to Resolution

Conflicts over rural land have plagued Bangladesh since its independence. Rural land issues continue to remain unresolved, and violence related to land is still on the rise. The investigation of those engaged in these disputes and the dynamics of their relationships, however, has received very little attention. The current study maps those involved in land conflicts and their relational interplay in the context of rural Bangladesh. The study utilizes qualitative methods of data collection, including KII interviews, focus group discussions, and expert interviews. Through purposive sampling, key informant interviews, and focus group discussions involved a group of relevant stakeholders in land conflicts in the study areas who provided needed information, ideas, and insights on land issues in the area. The study finds that the power structure of the village affects benefit distribution and the resolution of land disputes. Local political leaders and “Matbors” have an impact on how disputes are resolved. Law enforcement authorities are ineffective at resolving violent conflicts, and corrupt land office staff are also of no help, prolonging such conflicts. The study recommends implementing empathy-building workshops, digitizing the land management system, and improving the judicial process to reduce disputes among stakeholders in rural Bangladesh.

Gender and Access to Justice in the Informal Court System in Ghana: A Descriptive Phenomenology in a Patriarchal Society

Background: Women and access to justice are global issues, especially in patriarchal societies. There is a surprisingly small body of research on access to justice in the informal court system in patriarchal societies. The purpose of this paper is to conduct an empirical qualitative study on a local court case and use the findings to provide a critical analysis of women and access to justice in the informal court setting in Ghana. Method: The exploratory qualitative research approach and phenomenological research design were used in the study, which followed Colaizzi's process of descriptive phenomenological data analysis. The study collected data from fifteen women who had used the informal court system to address their grievances using in-depth interviews and focus group discussions as data collection techniques. The data was collected via tape recording and then transcribed word for word. Results: The major themes that emerged from the research were as follows: (i) traditional gender roles as impediments to justice (ii) social harmony-based adjudication, and (iii) the social consequences of the court's decisions on the family households. Sub-themes are used to discuss these major themes. According to the findings, women cooking and taking care of children, behavioural socialisation norms, women as housewives, informal court decisions based on social harmony, masculine rulings, lack of appeal for cases, women experiencing marital divorce, and lack of enforcement for rulings were identified as significant factors influencing gender and access to justice among women in the informal court system. Conclusion: Informal courts are accessible and affordable to women who do not have the privilege of using formal courts due to the cost involved; however, the courts' decisions are reconciliatory and do not provide women with equal access to justice. To provide fair justice to all people in rural communities, the informal courts should be integrated with the formal procedure. As a result of the findings, it is recommended that a comprehensive training programme for traditional court judges on land issues, inheritance, and family law, dispute resolution, as well as international human rights standards be implemented so they can handle cases in their respective jurisdictions.

Penyelesaian Sengketa dalam Pengadaan Tanah bagi Pembangunan Jalan Tol untuk Kepentingan Umum

Land issues in North Sumatra, especially in Medan City, still occur frequently, one of which is land acquisition for the construction of toll road infrastructure to accelerate development, facilitate access to production, distribution, and tourism areas, and create new jobs. Although this development accelerates the economic growth of the country and society, disputes related to land acquisition for public interest are inevitable. One of the cases that is the focus of this research is located in Sumatra Province, specifically the jurisdiction of the Medan District Court. The problem of this research is how legal protection for land rights owners due to land acquisition for toll roads and how the consignment process of compensation for land affected by toll road project acquisition. The research method used is normative juridical with an analytical descriptive approach, using the Legislation Approach. This research uses the Law Approach by collecting and analyzing statutory provisions related to the environment and corporations. The legal material collection technique used is library research, then analyzed qualitatively. The results showed that there is legal protection for the owner of the toll road acquisition through consignment settlement.

CONCEPTUAL PREREQUISITES AND PRINCIPLES FOR CHANGING THE DESIGNATED PURPOSE OF INDUSTRIAL LAND OF TERRITORIAL COMMUNITIES

Developing territories in accordance with the principles of sustainable land development is easier and more effective together with the people who directly use these lands, as well as executive authorities, who, with the involvement of the public, know, understand, and implement changes. For reasonable and prompt decision-making on land issues, the territorial communities must have up-to-date information support with data about all land parcels and property within the boundaries of territorial community. Industrial lands deserve special attention, because due to their rational use, it is possible to achieve an increase revenue to local budgets. Today, the state of industrial lands in Ukraine is negatively affected by the presence of a significant number of industries that require modernization, including infrastructural transformations with the provision of further balanced consideration of the ecological component of the territories' sustainability. The purpose of the work is to substantiate the principles of determining and changing the target designation of industrial lands within the territorial communities to improve their functioning and ensure their competitiveness. The development of urban planning documentation is a mandatory prerequisite for changing the purpose of industrial land of the territorial community to another purpose and vice versa. Management of the development of territories today directly depends on the planning structure and functional zoning of settlements. The changes of legal acts should have been taken effect from July 2021, but inconsistencies were found in the legislation of Ukraine, which relate to the functional zones approved by the comprehensive spatial development plan of the territory of territorial communities, within which the change of purpose must take place. Due to the introduction of martial law in Ukraine, the pace of development of urban planning and land management documentation slowed down, and as a result, today there is no any approved comprehensive spatial development plan. That is, it has been 2 years since the changes came into effect, but the change of the land purpose is carried out according to the old procedure with the development of land management documentation. Taking into account the above-mentioned components, the authors identified three main prerequisites for changing the target purpose: 1. The needs of industrial enterprises in the context of modern economic challenges. Changes in technology and production practices may require adaptation of land use to ensure the efficient functioning and competitiveness of enterprises. 2. Integration of social aspects into the decision-making process. It is important to consider the impact of these changes on local communities and ensure citizen participation in the process of determining the future use of industrial land. 3. The need to settle environmental issues. The change of purpose must take into account the potential effects on the environment and natural resources. Based on the prerequisites described above, the authors developed the principles of industrial land transformation, which take into account the principles of sustainable development. By following the developed principles, stakeholders can guide the transformation of industrial land in a way that maximizes benefits, minimizes negative impacts and promotes sustainable development.

Analysis of the structure of the acreage of the European Union countries with the concept of sustainable agriculture. Germany

This article is devoted to the analysis of the impact of changes in the structure of acreage and the land use system on the sustainability of agriculture in Germany. It is established that the land management system in Germany is decentralized, with regional and local authorities responsible for land issues. According to the German Law on Land Management, land plots must be used taking into account environmental, economic and social needs. This means that land use must be sustainable and meet the needs of local communities and ecosystems. Germany has historically been one of the largest markets for organic products. As of 2020, the share of land under organic farming in the country is 9.6% (1592.7 thousand hectares). In 2001–2020, the area of land under organic farming increased by 56.8%. In general, the land management system in Germany is sustainable and focused on meeting environmental, economic and social needs. The country is actively taking measures to preserve and improve soil quality, reduce the use of chemical fertilizers and pesticides, preserve biodiversity and reduce greenhouse gas emissions. Germany is also actively developing organic farming and precision farming, which makes it possible to use land resources more efficiently and reduce the negative impact on the environment. However, despite all these measures, the analysis of the reports of the German Government, the OECD and the FAO shows that the country still has problems with pollution of water resources, biocenoses and a decrease in soil fertility.

‘Typical container’ of Chinese civilisation: ‘Yellow-Canal-Yangtze’ watershed community

The watershed is the earliest geographical unit of human activity and the tensest area in terms of human–land relations. Focussing solely on individual watershed spaces makes it difficult to comprehensively reflect and address complex human–land issues. For the complex processes of the origin, dissemination, communication and integration of civilisations, a more macroscopic scale is also needed for systematic understanding and analysis. The exchange and mutual learning amongst the Yellow River Basin, Yangtze River Basin and Grand Canal region promote the diversity and innovation of culture, making them the ‘typical containers’ of Chinese civilisation. Based on the uniqueness and correlation of regions such as the Yellow River Basin, Yangtze River Basin and Grand Canal, this study constructs the concept of a ‘Yellow-Canal-Yangtze’ watershed community, combining existing disciplinary advances and summarizing its spatial, temporal and elemental characteristics. This research is conducive to promoting the creative transformation and innovative development of excellent traditional culture, assisting in the protection of watershed cultural heritage systems and the governance of watershed ecosystems, and promoting regional coordinated and interconnected development.

Decision Support System Legalization Of Distribution Substation With Priority Weighting Bayes Method

PT PLN Batam is a national company operating in the field of electricity in the Batam region. As of December 2023, the number of customers is 367,709. Electricity consumption on Batam Island continues to increase with an average annual growth of 6.39% (2013-2023), and the average customer growth is 4.07% per year (2013-2023). This growth is accompanied by an increase in the assets of electricity distribution equipment, especially distribution substations. Distribution substations in PT PLN Batam consist of two types: concrete distribution substations and portal distribution substations. The total number of distribution substations as of December 2023 is 1,849. Distribution substations are vital distribution assets, requiring proper handling, especially regarding legal ownership of the land occupied by the substations. Land issues primarily occur in locations where distribution substations are situated in business centers or along main road medians. With the continuous increase in distribution substations, land legalization issues also escalate. To mitigate the risk of these land issues, PT PLN Batam implements the Decision Support System for the Legalization of Distribution Substations with Priority Weighting Bayes Method. This method, a qualitative approach, involves ranking distribution substations based on the highest to lowest risk. The goal of implementing the Bayes method is for the company to prioritize which distribution substations need to be legalized first and minimize land dispute issues in the future.

Land Procurement for Public Interest by Mining Andesite for the Construction of the Bener Dam

Land procurement for public purposes carried out by the government is regulated in statutory regulations, and the existence of these statutory regulations is intended to provide legal certainty regarding land ownership. In reality, land procurement for public purposes in Wadas village has caused conflict and there is no certainty in resolving it. The problem is efforts to resolve disputes between the government and the residents of Wadas village. The research method used is descriptive-normative with a qualitative model. The results of the research explain that conflicts over land procurement for the public interest are complicated and never subside due to regulatory weaknesses and errors in the application of land law so that in implementation the interests of land rights holders are not protected with certainty. Apart from that, the lack of political stability and very high government authority also causes land issues to be neglected.

PENYELESAIAN SENGKETA TANAH DI TIMOR LESTE OLEH DIRECÇÃO NACIONAL DE TERRAS, PRORIEDADES E SERVIÇOS CADASTRAIS (DNTPSC) DENGAN METODE MEDIASI BERDASARKAN LEI NU 1/2003

PENYELESAIAN SENGKETA TANAH DI TIMOR LESTE OLEH DIRECÇÃO NACIONAL DE TERRAS, PRORIEDADES E SERVIÇOS CADASTRAIS (DNTPSC) DENGAN METODE MEDIASI BERDASARKAN LEI NU 1/2003

Land Distribution in German and Mennonite Colonies During the NEP Period. Expectations and Reality

The article is devoted to the study of the relationship between the Soviet authorities and the German, as well as Mennonite communities, regarding land issues during the NEP period. It is based on the analysis of the official reports, memoirs and documents. The author studies the complex relationships between the central government, the regional level of authorities (provincial and district) and Mennonites. The land distribution in Mennonite colonies, as well as the cause and-effects of the process are analyzed. In the whirlwind of the internal and foreign political processes, the newly created Soviet state found itself on the edge of socio- economic conflicts. In order to solve urgent economic issues and curb mob violence, a number of economic reforms were adopted, which are known in history as the New Economic Policy. Most of the projects of the Soviet government were based on communist ideology at the initial stage. Those advanced farms’ lands, which used to belong to the Mennonites and Germans, were redistributed. Unemployed / recent employed people who had received some land, were not skilled and did not have a knack for agriculture. Therefore, they gradually abandoned their lands. That strategy undermined the land system and, as a result, became another pushing motivation for emigration and agricultural problems in the countryside. As a result of the Bolshevik government’s land program, the Mennonite community became embroiled in complex multilevel problems: a) intra- community land tensions caused by demographic processes and the resettlement of fellow refugees from starving regions of Soviet Russia to the colonies; b) conflicts with the population of neighboring villages and poor peasant committees, which often forced the issue of redistribution of Mennonite lands in their favor; c) failure of provincial and district executive committees to enforce resolutions of the supreme power to settle the land issue of the Mennonite community; d) ineffectiveness of the national minority committee; e) the perception by some Mennonites of new communist ideas – social equality. These reasons became important pushing factors for а large-scale wave of emigration of this ethno- confessional group to North America.

‘Mukoma govai minda’: Reading Simon Chimbetu’s Compositions on the Land Issue in Zimbabwe

‘Mukoma govai minda’: Reading Simon Chimbetu’s Compositions on the Land Issue in Zimbabwe

Legal Protection for Overlapping Certificate Holders in the Region of the South Tangerang Land Office

Land is something that is very valuable and so it is natural that it becomes a struggle between humans to fight to own and control it. Land issues that lead to conflict or land disputes will cause the State, in this case the Government, to experience social conflict. The method used is qualitative which refers to the legal issues that arise in this research. The results of this research are the principle of contradiction of delimitation which is applied in land registration activities in order to obtain legal certainty; The development of the Supreme Court in adjudicating disputes over overlapping certificates is very helpful in dealing with land disputes caused by overlapping certificates which both have authentic power; The legal considerations of the Serang State Administrative Court Number 69/G/TUN/2019/PTUN SRG are appropriate in providing legal protection to Sri Mulyani, the owner of the Ownership Certificate Number: 7556/Ex. Sawah issued on 15 October 2018, Measurement Letter Number: 3302/Sawah/2018 dated 25 September 2018 by granting the lawsuit; The legal consideration of the Jakarta State Administrative High Court Number 194/B/2022/PTTUN JKT is that there is an error regarding the time period for administrative efforts which has an impact on the assessment of Sri Mulyani’s lawsuit. The panel of judges at the appellate level did not pay attention to the provisions of Article 1979 of the Civil Code.

EVALUASI KESESUAIAN LAHAN PERTANIAN UNTUK TANAMAN JAGUNG DI KECAMATAN KUALUH HILIR, LABUHAN BATU UTARA, SUMATERA UTARA

Land suitability is one method used to assess the suitability of a commodity to be cultivated sustainably on land. This research aimed to highlight the issue of agricultural land for maize in Kulah Hilir District, Labuhan Batu Regency, North Sumatra. The method used in this research is the matching evaluation method (weight factor match). The data used in this research is secondary data sourced from research data in the form of rice agricultural land suitability data with the title Evaluation of Land Suitability for Rice (Oryza sativa L.) in Kualuh Hilir District, Labuhanbatu Regency. North, North Sumatra. This research showed that the land suitability class of corn in Kualuh Hilir District, North Labuhanbatu Regency, North Sumatra, using the weight factor matching method, is in class S2, "quite suitable" for planting corn plants. There are two limiting factors in land adjustment from rice plant data for corn plants; namely, the limiting factor for nutrient retention (nr) is only (base saturation (%)) and pH H2O with a land suitability level of "marginal suitability" S3 but improvements can be made to increase the class. The suitability of the land with the addition of organic materials and lime ameliorant materials with low to medium input can increase the potential suitability class of the land to S2.

Influence of Land Ownership Security on Land Use Changes in Mwatate Sub-County, Taita Taveta County, Kenya

Background and Aims: The rising global population has increased land demand due to the increased need for agricultural and settlement spaces. Land ownership security tremendously impacts environmental sustainability because it influences ecological decisions. Kenya's land ownership and land use changes nexus has not received sufficient attention. Consequently, we explored this research gap in Mwatate Sub County, Taita County, Kenya. Methods: A sample size of 301 households was selected using stratified proportionate and simple random sampling techniques. A cross-sectional survey research design was used, while data was collected using semi-structured questionnaires. The Neo-Malthusian theory was adopted as a theoretical framework. Results: Results revealed that most (85.6%) households had insecure land ownership rights. Most (64.1%) households inherited land and had no Title deeds. Accordingly, findings reveal unsustainable land use practices, including deforestation, tree logging, high fuelwood use, bush clearance for human settlement and cultivation, poor farming methods, and overreliance on agriculture for livelihood. Using a 95% confidence level, Chi-square tests revealed a significant relationship between agricultural land use changes and land ownership security. Our findings concluded that insecure land ownership influenced agricultural expansion, deforestation, clearing of land for human settlement, and the type of farming techniques adopted by farmers. Implications for Conservation: Taita Taveta is a vital biodiversity hotspot that continues to be degraded by human activities. The correlation between land ownership and land use changes established by our study confirms the impending land degradation and threat to biodiversity loss. This is coupled with the concern that approximately 62% and 11% of the county are under a National Park and sisal estates, respectively, implying a growing threat to biodiversity loss and the need for enhanced conservation efforts in the area. This calls for the need to address the constant land issues in the area to incentivize sustainable land use practices.

The Land Question in Central Uganda: Implications to the Universities

Universities, as centers of knowledge, are expected to foster research, share information, and engage with their communities. In Uganda, where land disputes often impact universities, these institutions have a role in addressing such issues. This qualitative study was conducted in Central Uganda, specifically at four universities located in different districts: Kampala International University in Kampala, Nkumba University in Wakiso, Ndejje University in Luweero, and Muteesa 1 Royal University in Masaka. The study focused on land disputes between 2000 and 2013, a period marked by a surge in university establishments and land conflicts in the region. Twenty individuals were interviewed for this study, including two top university administrators, fifteen lecturers, and three local residents living near the universities. The research aimed to understand the nature of land issues in Central Uganda and their implications for universities. The analysis identified four key themes: the nature of the land problem, land management, land title issues, and the role of university academics in addressing land disputes. The findings revealed widespread land disputes in Central Uganda, with respondents attributing the problems to government inaction, suggesting that the government seems indifferent to the plight of local farmers. Some universities, such as Makerere and Kyambogo, faced conflicts with tenants and land grabbers. Additionally, one public university’s leasehold land had expired, and the concerned authorities were seemingly reluctant to renew the lease. The study highlighted several implications for universities, including the need for proper land titles, land fencing, and enhanced community engagement through educating local residents about land laws. It also recommended that the government, particularly the President, take decisive action against land grabbers, as respondents believed that the executive, judiciary, and legislature are all influenced by him.

Real data mapping of DKI Jakarta waste generation using the K-mean Clustering method at final disposal Bantargebang

Final disposal Bantargebang is the largest final disposal in Indonesia which is located in the city of Bekasi with the DKI Jakarta service area. DKI Jakarta’s waste generation in September 2022 is 5948,98 tons/day to 8773,76 tons/day, due to limited land issues and DKI Jakarta’s high waste generation every day. DKI Jakarta needs waste management and determination of the right technology. Mapping waste generation aims to display visual data on waste distribution, to facilitate the determination of DKI Jakarta waste management policies both from sources and at final disposal. Clustering uses the K-mean method using 40,514 data sets of waste generation. The real data on waste generation was obtained from recording directly at the final disposal Bantargebang weighbridge facility with waste sources from DKI Jakarta (West Jakarta, East Jakarta, Central Jakarta, South Jakarta and North Jakarta) for 30 working days with operating hours 24 hours/day. An average waste generation was obtained of 7,512 tonnes/day with a total of 1301 trucks/day. The number of clusters obtained was 3 with 43 members, where cluster 0 had 20 members, cluster 1 had 14 members and cluster 2 had 9 members and the distance performance value showed 0.399.

Strengthening Legal Awareness of Residents in Pangungharjo Village, Sewon District, Bantul Regency, Regarding Sultan and Pakualaman Ground Land in Accordance with Perdais Number 1 of 2017

Abstract. The Special Region of Yogyakarta holds a distinctive "Special" status, particularly concerning land management following the enactment of Law No. 13 of 2012. The Kasultanan (Sultanate) and Pakualaman possess special rights to control and manage Sultan Ground and Pakualaman Ground lands, dedicated to the welfare and benefit of the community. Land issues have been further regulated under Special Regional Regulation No. 1 of 2017. There exist two primary issues: firstly, the lack of capacity and knowledge regarding constitutional rights related to the management and utilization of Sultan Ground (SG) and Pakualaman Ground (PG) as per Perda No.1/2017 among the targeted groups. Secondly, there's a lack of legal awareness regarding the process of obtaining approval or ownership by residents of SG and PG. The implementation methods encompass: (a) initial preparation and issue identification; (b) participant identification and legal document study; (c) interactive village discussions; and (d) legal counselling. With a targeted achievement of maximal understanding at 85%, this program is expected to contribute to enhancing knowledge, legal awareness, and self-capacity concerning the management and utilization of SG and PG lands for the people's welfare. The mandatory outcomes include publication in a national scientific journal, mass media publication, activity videos, and additional participation in scientific forums.

Kewenangan Perorangan Dalam Menguasai Tanah Pesisir

Land issues certainly never end and still occur frequently. This research was conducted on the basis that there are still many people who question the status of ownership rights to land in coastal areas. As in Article 9 paragraph 2 of the UUPA, it is the basis of legitimacy for every Indonesian citizen, both men and women, to have the same opportunity to obtain rights to land and obtain benefits from that land. So of course everyone has the right to control land in coastal areas, but what is the status of their authority? The research method used is legal research, with using a statutory approach and a conceptual approach related to the authority to control individuals over land in coastal areas. The conclusion from the results of the analysis carried out can be understood that property rights cannot be used as a basis for individual rights to coastal land because coastal land is land located in coastal areas, which means that coastal areas are potential areas and are the authority of both district/city governments.

Belhar as mirror and window on social cohesion and justice

This study argues that the Reformed Churches in South Africa failed to constructively contribute to social cohesion and justice since the drafting of the Belhar Confession in 1982 due to its failure to embody the demands of unity, reconciliation and justice. Firstly, the study briefly discusses the historical setting of the Belhar Confession and how it remains a bridge too far to embody for the Church in South Africa since its drafting in 1982. Furthermore, the study indicates how the Church’s failure to embody the Belhar Confession leaves a vacuum in the discourses on racial tensions, the land issue and the new apartheid. Finally, the study engages how the Church can be an agent of transformation and hope.

Implementation of Land Dispute Resolution with Justice

The purpose, as with various other arrangements, is to ensure legal certainty, provide legal protection for the people in the context of supporting sustainable development without ignoring the principle of environmental sustainability. The purpose of this research is to analyze the application of equitable land dispute resolution because so far the regulation of land dispute resolution has not been equitable, giving rise to various disputes in the process of resolving land cases. The research method used in this research is the normative juridical method. In addition, it is necessary to establish a special court that handles land issues, namely the Agrarian Court, a special court for land dispute resolution under the Supreme Court of the Republic of Indonesia. Novelty in this research with the establishment of institutions and laws and regulations that specifically deal with the issue of fair land dispute resolution is expected that the Agrarian Court can fulfill a sense of justice for the parties in the settlement of land disputes that have occurred so far in the community.