Land Rights Research Articles

Resolving Conflicts between Corporate Cultivation Rights and Indigenous Community Property Rights: A Study of Abandoned Land in Indonesian Palm Oil Plantations

We discovered a blank point in the study of palm oil conflicts in Indonesia, namely abandoned land. This is critical in determining the ontology of the conflicts that frequently occur between palm oil firms and communities surrounding plantation areas, conflicts that are generated by land rights. We conducted research in the Bengkayang district. Observations, desk studies, and in-depth interviews that we conducted revealed that there were four main factors causing land to be indicated as abandoned in the area of palm oil companies' cultivation rights (HGU). First, inconsistencies and uncertainties in HGU determination procedures, for example, produce challenges and tensions with indigenous groups. Second, data fabrication practices by related parties, including local governments, result in inaccurate information. Third, the lack of formal legal rights over customary land makes maintaining land ownership claims difficult for groups. Fourth, unequal acknowledgment of traditional regions' sovereignty leads to inequity in natural resource management. The phenomenon of abandoned land in this study occurs due to the duality of property rights, which reduces land productivity. The ontological implications of this research concern land development and management, regulatory simplification in maintaining customary land rights, and contemplation of overlapping land rights. This research increases understanding of the dynamics of development and management of abandoned land.

Empirical Legal Analysis of Land Rights Dispute Resolution between Indigenous Communities and Mandalika Special Economic Zone Development Companies

This study aims to analyze the implementation of the settlement of land rights disputes between indigenous peoples and special economic zone development companies. Mandalika, as well as factors that influence the resolution of land rights disputes between indigenous peoples and Special Economic Zone development companies. Mandalika. Using empirical legal research methods. The results of this study indicate that the settlement process in the dispute resolution process, there are 2 dispute resolution processes, namely: Settlement through Non-Litigation and Litigation. Settlement of disputes outside the court or known as Alternative Dispute Resolution can be achieved through Arbitration, Mediation, Conciliation, Minitrial, Summary Jury Trial, and Settlement Conference. While the settlement through litigation on customary land as a dispute resolution between parties is carried out through examination before a judge in a court institution, this is because the development of the era towards the needs of the community for justice and welfare is increasing. Factors that influence the settlement of disputes over land rights between customary law communities and the Mandalika special economic zone development company, namely: legal factors and intervention of the authorities, cultural factors, socio-economic factors, and factors of third party involvement. In the dispute resolution process, the community emphasizes more on settlement through non-litigation, namely mediation.

Integrating climate-smart agriculture for sustainable agriculture: Opportunities, challenges and future directions

Climate-smart agriculture (CSA) has emerged as a valuable strategy to address the challenges of food insecurity, climate change, and environmental degradation. This study assesses the impact of six key CSA practices: technologies including water smart, energy smart, nutrient smart, carbon smart, weather smart, and knowledge smart for farming regarding the increasing world population and decreased shift in arable land. This paper employs a literature review and case analysis to demonstrate how these practices improve resource utilization, worsen environmental impacts and strengthen agriculture production systems. Several studies carried out in agriculture have stipulated that water-smart practices can help achieve improvements in water use efficiency by at least 30 percent, nutrient-smart practices can help increase soil health by a range of 20 percent, and carbon-smart practices could reduce greenhouse gas emissions by between 15 percent. This brings us back to the question of the role that CSA can play in support of processes that are directed at realizing the Sustainable Development Goals SDG 2 (Ending Hunger) and SDG 13 (Taking Action on Climate Change) on development processes across the world. However, inefficient and insecure land rights, water deficits, and high initial investment hinder the widespread adoption of the technologies. The consequences are that policies concerning the matters, a well-developed institutional environment, and farmer’s knowledge should be introduced to eliminate these issues. As to further research, the continuous improvements of the models of CSA and the financing of the CSA also need future action research. Overall, CSA offers hope for establishing strong foundations for food security and climate-resilient agricultural systems.

К вопросу об отнесении линейных объектов к объектам капитального строительства, недвижимого имущества, категории единого недвижимого комплекса

This article examines the classification of linear objects within the context of capital construction, real estate, and single real estate complexes. The study reviews relevant provisions of the Urban Planning Code of the Russian Federation, the Land Code of the Russian Federation, the Civil Code of the Russian Federation, as well as other federal laws and subordinate regulations. The explanations of authorized authorities, acts of judi-cial authorities, opinions of researchers of civil law science on the concept of linear objects and their inherent characteristics, belonging of linear objects to capital construction objects, real estate, the ratio of these con-cepts, belonging of linear objects to the category of a single immovable complex, things of auxiliary purpose, the specifics of linear objects in comparison are analyzed with other objects of civil rights in terms of restrictions on the interests of land rights holders, necessary for the placement, maintenance and repair of linear objects, the extension of the protected zone of linear objects with a special legal regime to a certain part of the land plots. Conflicts of law, controversial issues of judicial practice are revealed, the author’s definition of linear ob-jects is formulated, including their inherent features. The directions of the development of regulatory regulation, including in terms of the unification of terminology and proposals to consolidate the types of linear objects re-lated to real estate by the norms of special legislation, are determined.

SOCIO-LEGAL CHALLENGES OF INDIGENOUS LAND IN WEST KALIMANTAN: CUSTOMARY PRACTICES AND NATIONAL LAW

Customary law in the national legal system is undoubtedly fundamental to maintaining existence because customary law can also be applied to resolve conflicts in society. This research uses socio-legal methods, and the data obtained is based on data in the field through an interview process with several related parties. In contrast, for legal problems in this society, only some things can be resolved through a customary law approach. For example, in the Dayak indigenous community, several legal problems cannot be resolved according to custom, especially regarding unregistered land rights. These problems certainly cannot be solely resolved using a customary law approach. This certainly shows that customary law cannot necessarily accommodate the interests of Indigenous peoples because this is also closely related to legal certainty. Because they relate to legal certainty, they must be resolved through a positive legal approach, such as submitting a request to the court or an application to the relevant agency. This certainly happens because the legal awareness of regional communities in Indonesia is currently not very good; this leads to legal issues within indigenous communities that cannot be resolved through customary law.

Pemberian Ganti Kerugian kepada Masyarakat Terkait Pengadaan Tanah untuk Kepentingan Umum

The success of infrastructure projects is closely related to land acquisition/land acquisition owned by the community, it is not even possible for population relocation to occur. The implementation of development that requires land acquisition is basically a waiver of land rights. Land Procurement for Public Interest is regulated by the Government in Law No. 2 of 2012 and Other Legislations. The purpose of this study was to determine the process of land acquisition and the calculation of fair market value as the basis for providing compensation. The research method used is literature studies and displayed descriptive. Compensation is a proper and fair compensation to the rightful party in the land acquisition process. The results of the research found are based on Law No. 2 of 2012, the land acquisition process consists of 4 stages, namely planning, preparation, implementation and submission of results. Meanwhile, to provide an opinion on the value of the land, an appraisal process is carried out by a Public Appraiser as a professional independent appraiser who has a license from the Land Agency. The appraisal process for compensation includes physical (material) and non-physical (immaterial) compensation where the final value obtained by the Appraiser is Fair Market Value.

Banditry or Peasant Insurgency? Contextualizing and Analysing the Chuar Rebellion of Midnapore Under East India Company (1770s–1800)

Midnapore was one among the first three districts ceded to the East India Company in 1760 by Mir Qasim, the other two being Burdwan and Chittagong. Following this, the acquisition of the diwani of Bengal, Bihar and Orissa in 1765 launched the East India Company into a complex administrative role related to revenue in an alien territory with complex, multi-tiered, customary land rights that were beyond their knowledge. Their attempts at revenue collection and the accompanying imposition of a legal, rational state on a customary framework led to tragedies like the Bengal famine of 1770. It served as the impetus for the initial uprisings against colonial rule, which mainstream accounts on resistances in the early colonial period tend to omit. The study here aims to shed light on the nature of rule transition and complexities regarding land ownership that the Company encountered, the special nature of Midnapore frontier, and phases of the chuar rebellion pre- and post Permanent Settlement. Special attention has been placed on conceptual clarification of chuars, paiks, their status overlaps and subalternity and on analysing the nature of the rebellion in the light of Eric Hobsbawm’s concept of banditry and Ranajit Guha’s analysis on features of peasant insurgency in colonial India.

Understanding the Local Complexities in Land Law Reforms: The Case of Land Inalienability in Ethiopia, 1991–2018

Abstract Postcolonial governments often restrict the market alienability of land rights for various policy reasons. One policy aims to treat all citizens equivalently and safeguard vulnerable social communities equally, as an unrestrained land market could allow one affluent social group to buy out one that is less affluent. Another policy is to set a standard that is easy to apply in the same way in every case, as a bright-line rule banning land alienation is simpler to administer than a standard that requires case-by-case considerations. Today, in Ethiopia, such laws face opposition from proponents of a free market economy and private property rights. Thus, international development institutions and influential Ethiopians are spearheading an ambitious reform to Ethiopia’s post-socialist law that bans land alienability, arguing that the law has impeded social and economic progress. This article shows, however, that the legal ban has never prevented land transfers. Many people have utilized legal constructs such as gifts, bequests, loans, and leases to sell their land. Such transfers have circumvented the ban amidst aggressive land expropriation by the state and other agents. These intricate local and national dynamics undercut the misleading sense of regularity created by the inalienability law, raising serious questions about the persistent demand by international development institutions to privatize land rights and create land markets through law reform without paying close attention to the lived experiences at the local level.

Protection of Constitutional Rights for Female Coastal Workers in Pekalongan Against Loss of Land Rights: An Agrarian Law and Islamic Law Approach

This article examines the protection of the constitutional rights of Pekalongan's women coastal workers against the loss of land rights due to sea flooding. Based on data from the Pekalongan Regional Disaster Management Agency (BPBD), in the last five years, more than 40% of the land in this coastal area has been submerged, affecting women's livelihoods. The juridical problem is that the Basic Agrarian Law (UUPA) does not regulate state compensation for destroyed land. Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 3 of 2024 on Amendments to Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 17 of 2021 on Procedures for Determining Land Destruction states that land parcels affected by tidal floods in Pekalongan can be categorized as land destruction. Land rights holders are given priority for reconstruction or reclamation within one year and receive a kerohiman fund if the land is used or reconstructed by the government. This research uses agrarian law and Islamic law approaches to evaluate the existing legal protections. The results show that constitutional protection for coastal women workers in Pekalongan already exists, but there are still some weaknesses. In addition, the practice of such protection has not been maximized. Some of these things are the main causes of inadequate legal protection of the rights of women coastal workers. Islamic law provides a more inclusive perspective on property rights and social justice, but its implementation is limited. This research contributes to the understanding of agrarian regulations in providing protection and compensation for women coastal workers as well as the understanding of Islamic principles in maintaining justice and welfare for those affected by tidal floods. Artikel ini mengkaji perlindungan hak konstitusional perempuan buruh pesisir pantai Pekalongan terhadap hilangnya hak atas tanah akibat rob. Berdasarkan data dari Badan Penanggulangan Bencana Daerah (BPBD) Pekalongan, dalam lima tahun terakhir, lebih dari 40% tanah di wilayah pesisir ini telah terendam, yang berimbas pada mata pencaharian perempuan. Masalah yuridis yang dihadapi adalah bahwa Undang-Undang Pokok Agraria (UUPA) tidak mengatur kompensasi negara bagi tanah yang musnah. Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 3 Tahun 2024 tentang Perubahan atas Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 17 Tahun 2021 tentang Tata Cara Penetapan Tanah Musnah menyatakan bahwa bidang tanah yang terdampak banjir rob di Pekalongan dapat dikategorikan sebagai tanah musnah. Pemegang hak atas tanah diberikan prioritas untuk rekonstruksi atau reklamasi dalam satu tahun dan mendapatkan dana kerohiman jika tanah digunakan atau direkonstruksi oleh pemerintah. Penelitian ini menggunakan pendekatan hukum agraria dan hukum Islam untuk mengevaluasi perlindungan hukum yang ada. Hasil penelitian menunjukkan bahwa perlindungan konstitusional bagi pekerja perempuan pesisir di Pekalongan sudah ada, tetapi masih terdapat beberapa kelemahan. Selain itu, praktik perlindungan tersebut belum maksimal. Beberapa hal inilah yang menjadi penyebab utama belum memadainya perlindungan hukum terhadap hak-hak perempuan buruh pesisir. Hukum Islam memberikan perspektif lebih inklusif tentang hak milik dan keadilan sosial, tetapi implementasinya terbatas. Penelitian ini berkontribusi pada pemahaman mengenai regulasi agraria dalam memberikan perlindungan dan kompensasi bagi perempuan buruh pesisir serta pemahaman prinsip-prinsip Islam dalam menjaga keadilan dan kesejahteraan bagi pihak yang terdampak banjir rob.

Efforts of The People of Geyongan Village In Obtaining Rights To Former Pangonan Land

The certificate of right to use on state land is a legal instrument that gives the holder the right to use state land for a certain period of time in accordance with the provisions of the applicable laws. This study examines the case of State Land intended for pangonan, which is located in Dukupace Block, Geyongan Village, Cirebon Regency, where the villagers use the abandoned Pangonan land, then they control it for various purposes such as agriculture and housing. Even though they have controlled the land for many years, the community does not have its ownership status. This will cause problems in the future if the status of the land is not yet owned by the people who occupy the land. The research method used is empirical juridical, with reference to various previous studies on state land ownership and land distribution justice. The results of the study show that there is a lack of public understanding of procedures and ownership conflicts. To overcome these obstacles, it is necessary to simplify the mechanism regarding rules and increase socialization. This study provides fair and inclusive policy recommendations, as well as concrete steps to improve the process of issuing use rights certificates and recognition of land rights based on long-standing physical tenure.

Farmers' decision-making regarding land under economic incentives: Evidence from rural China

To achieve complete urbanization in developing countries, it is essential for many farmers to leave rural areas and withdraw from farmland as they enter urban employment. The Chinese government offers economic incentives to encourage households to relinquish their land rights. Based on a survey data in rural China, this paper examines the impact of land transfers and urban housing on the withdrawal of contractual rights of farm households. Econometric analyses reveal that rural households with urban housing are 6.4 % less likely to choose to withdraw from land, whereas those involved in land transfers are 3.8 % more likely to do so. The study's findings suggest that a uniform policy, like nationwide land withdrawal reforms accompanied by economic compensation, might lead to outcomes where the poor lose land and the rich retain theirs.

Advocacy and credibility of land tenure in Ethiopia: Mitigating conflicts and threats

Social inequality resulting from war, exploitation, and land property is very evident in Ethiopia, which has a significant influence on the economic, social, and political situation of various groups of people. As a result, the primary objective of this study was to assess the significance of the Credibility Thesis in resolving land conflicts via the Formal, Actual, and Targeted (FAT) Institutional Framework. Moreover, this study was conducted to identify the key features and the role of credibility analysis in mitigating land conflicts by employing the Credibility Scales and Intervention (CSI) Checklist. To achieve this goal, a comprehensive literature review including land tenure studies from 1979 to 2020 was conducted. This review used original databases to ensure a comprehensive and extensive exploration of relevant scientific works. The results showed that the land problem in Ethiopia is not only related to the dynamics of social change and inequality at different global, regional, national, and transnational levels, but also provides access to land resources, the foundations of authority, livelihood, property, and citizenship. Furthermore, the lack of land security for non-indigenous minorities contributes to substantial ambiguity for land rights. Therefore, measures to increase land security and transfer land tenure can have an important influence on productivity and should be prioritized by policymakers. These measures may include elements from active land certification initiatives, but they should also specify the legal credit of certifications issued in the system and how to execute them.

‘Stable and Four-Square:’ A Colonial History of Property-Owning Democracy

ABSTRACT This paper explores the colonial history of the theory of ‘property-owning democracy.’ Focusing on R.R. Torrens’ title registration system, the paper links property-owning democracy to nineteenth-century debates on land rights and title registration. Instituted in South Australia in 1858, Torrens’ system linked the simplification of transactions in land to visions of a property-owning society. Seeking to replace complex land laws, Torrens’ system’s emphasis on speeding up land transactions appealed both to settler society and metropole. This transformation facilitated the dispossession of Indigenous lands and intertwined property law with colonial narratives of progress, liberty, and democracy. Ultimately, Torrens’ vision identified democracy with a new property regime securing the future of property title and political rights. Through a common engagement with nineteenth-century Britain’s ‘land question,’ Torrens’ project in South Australia is linked to the development of the twentieth-century political concept of property-owning democracy. The paper makes the case that exploring land registration debates reveals the importance of secure property rights and human capital in the history of ideas of property-owning democracy. Legal and bureaucratic innovations like the property register were considered to free individuals to invest in their own economic development and create the economic conditions for democracy.

The Aembu access to land and labour systems on food crop production and food security up to 1906

This study sought to analyse how the pre-colonial Aembu organised their land and labour systems in food crop production for guaranteed household food security up to 1906. The pre-colonial African societies had either matrilineal or patrilineal systems of land ownership, while labour was gender specific. The study employed a descriptive research design. The study was conducted in Embu East, Embu West and Embu North sub-counties of the larger Embu County. Purposive sampling with a snowballing technique was applied to get 50 respondents who were interviewed from a target population of 16,144. The study corroborated data from oral, archival records and secondary sources. The findings were that the pre-colonial Aembu food crop producers had elaborate systems of land rights and land use under clan heads. The land access system accommodated practices like shifting cultivation and intercropping; the pre-colonial division of labour in food crop production combined all household members and those other forms of labour like communal, paid and corporate were sourced from outside the household. The study concluded that the pre-colonial Aembu were food secure in spite of occasional rainfall failure, locust invasion and warfare, while the articulation of pre-colonial and capitalist land and labour systems exposed the society members to food insecurity. The study contributed to the pre-colonial social, political and economic historiography of the Aembu people. The study recommends that the post-colonial government should employ strategies that can be effectively used to mitigate food crop production insecurity by focusing on the adoption of various traditional methods of land and labour access.

Unmasking gender disparities in cocoa farming: the case of female land ownership in the Ashanti and Western North regions of Ghana

AbstractGhana's economy relies heavily on agriculture, with subsistence farming being the primary source of income for rural households. Over 50% of the food grown worldwide is produced by women. Land ownership is paramount to be recognized as a cocoa farmer in Ghana, as most land is owned by men following traditional inheritance. This gives men access to, and control over, land for agriculture, thus creating structural gender inequalities. Thereby, women's contribution to agriculture is minimized and roles undermined. This study analyses the challenges faced by women cocoa farmers in the context of land ownership and how they are influenced by social and demographic factors. We focus on ownership including sole ownership. The study, conducted in seven communities across the Ashanti and Western North regions of Ghana, comprises 160 females and 40 males. Results indicate that ownership of cocoa plots, in general, is mostly male dominated, but when female farmers make farmland decisions, they are likely to be sole owners. Marital status and the mode of acquiring lands are very important factors that dictate ownership and sole ownership of land. While the results show the importance of land as a resource that can enhance women's agricultural productivity, it also highlights that policies to reduce gender inequality in agriculture by advancing land rights are needed.

Urban agrarian reform: opportunities and challenges for land rights among low-income communities

Agrarian reform has typically focused on the redistribution of land in rural areas, specifically targeting farmers and agricultural tracts of land. This study explores the potential for agrarian reform in urban settings and the challenges facing low-income individuals in acquiring land rights essential to adequate housing. Using statutory and theoretical perspectives demonstrates that ample opportunities still exist for urban agrarian reform to take hold via the expropriation of state-owned land and land whose rights have lapsed. Public land that has not been dedicated as a waqf or even recognized as government property and historic land rights where the building rights expired and without any application to extend those rights present empirical reform opportunities. Despite these opportunities, urban land rights remain a contested space. Many poor people live on untitled land because such a thing is considered disputed by public authorities. Conflicts arise from the physical duration of inhabitants' occupation, which is in severe contrast to claims found with entities holding either outdated or inadequate property documentation. The official bodies, particularly the Land Office, are hesitant to issue land certificates due to these conflicts. The uniqueness of this research lies in its focus on urban land reform and its implications for the poor, thus highlighting a gap in existing literature that focuses largely on rural settings. This important research study depends on the emerging need for appropriate and certain housing options in cities. The importance of this study to the discipline is that it fosters the application of national land law principles, namely equity, legal certainty, and practicality, to disputes over urban land, providing a framework for a fairer distribution of land rights.

Invoking ‘the Customary’ in the Formalization of Land Reform in Liberia and Sierra Leone

ABSTRACT There is a trend towards invoking ‘the customary' in calling for land reform policies to recognize customary land tenure. In this paper, I consider land reform in Liberia and Sierra Leone, which aim to formalize customary land rights. I consider what work invoking ‘the customary' and ‘traditional' is doing in terms of what kind of governance is prescribed and the authority this and the forms that resistance takes. Based on research in communities formalizing land rights, my findings contribute to debates that show how ‘customary’ is not a discreet, self-contained category, but is made meaningful in how it is invoked.

Claiming Democracy and Environmental Justice at the Margins: Land Rights and Urban Informality as Sites of Mobilization in Morocco

Since 2011, Morocco has been experiencing major political upheavals. From the February 20th movement to the birth of the Hirak Al-Rif in 2017, numerous mobilizations broke out all over the country. Each of these mobilizations has its own specificities, both in terms of the forms of demands and the contexts in which they took place. This article aims to make a productive contribution to this global reflection by offering an innovative rereading of the dynamics of social and political transformation in North Africa, more specifically in Morocco. It does so by analyzing the increasing social conflicts between the State’s efforts to privatize land and natural resources to revitalize the economy, and marginalized populations who resist their dispossession. It will examine how 2011’s revolutionary movements opened new opportunities for marginalized communities to claim their rights. As a result of the destabilization of existing power structures, power relations between marginalized groups and the State have become increasingly radicalized: from the struggle for housing and access to public services—primarily water and electricity—in informal urban areas to the struggle for land rights and access to resources in rural areas. Throughout the article, it will be shown that these mobilizations have challenged, in their own way, the methods by which the Moroccan state appropriated and managed its territory.

Cancellation of Sale-Purchase Agreement and Absolute Power of Attorney Clause Made Based on Debts and Receivables

The Sale and Purchase Agreement (hereinafter abbreviated to PPJB) is a preliminary agreement as an effort to overcome the obstacles of the parties who have not been able to make a Deed of Sale and Purchase (hereinafter abbreviated to AJB). However, in several cases abuse of the use of PPJB and Power of Sale has been found. PPJB and Power of Sale become a security agreement for debts. The PPJB contains a power of sale clause and a Power of Sale Deed which grants power from the owner of the land object (as the seller/party who has the debt/debtor) to the debtor (as the buyer/party who gives the receivable/creditor) to transfer land rights. Debtors who suffer losses because they do not intend to sell the land can file an effort to cancel the agreement. Based on the problem approach (statute approach), conceptual approach (conceptual approach), and case approach (case approach), namely various decisions that have legal force, it can still be concluded that the Supreme Court and lower courts have maintained the unity of law application and consistency of decisions, especially regarding legal smuggling. Sale-Purchase Agreements and Absolute Power of Attorney Clauses Made Based on Debts and Receivables, by declaring such agreements null and void by law even if the agreement is made based on a Notarial Deed or Authentic Deed. Application for cancellation of agreement due to fraud, coercion or abuse of circumstances (misbruik van omstandigheden).

Kebijakan Pemerintah dalam Pengelolaan Sumber Daya Alam: Studi Kasus Indonesia

This study shows that government policies face major challenges in managing natural resources in Indonesia, especially in the fields of fisheries, plantations and mining. Government policies in managing natural resources must be implemented optimally, fairly, sustainably and environmentally friendly. In the fisheries sector, government policies must pay attention to the principles of sustainability, setting fishing quotas and protecting marine protected areas. However, implementation often faces complex regulatory challenges and resistance from industry stakeholders. In the plantation sector, government policies must ensure that plantation business activities can run optimally and provide benefits to the surrounding community. The administrative sanctions imposed must be more effective than just fines. In the mining sector, government policies must consider land rights and mining rights. Mineral rights do not eliminate rights to the land above them and must be regulated based on an agreement between the parties involved. Possible solutions to increase the efficiency and effectiveness of policy implementation include improving coordination between government institutions and increasing institutional capacity. Community participation in decision making is also an important element in sustainable natural resource management.