Land Law Research Articles

Privatisation of land plots during military time, legal aspects

The paper critically examines the regulatory legal framework within the realm of land legislation, both pre-existing before the imposition of martial law and subsequent enactments following the commencement of armed aggression by the russian federation in Ukraine on February 24, 2022. The primary focus of the authors lies in the comprehensive analysis of the legal dimensions surrounding the privatization process of land plots under conditions of martial law, particularly delving into the system of constraints imposed on the land rights of citizens. The research encompasses a meticulous exploration of the provisions outlined in the current Land Code of Ukraine, national laws, and the legislative amendments implemented during the duration of martial law. Noteworthy emphasis is placed on scrutinizing court practices, especially the rulings of the Supreme Court. Additionally, the paper undertakes an analysis of the contributions of legal scholars, shedding light on their principal viewpoints and judgments regarding the mechanisms of privatization. The authors underscore the inconsistency inherent in land legislation that curtails the land rights of citizens during wartime, positing that these inconsistencies may pose challenges in their effective implementation. Consequently, they advocate for the necessity of legislative amendments. Furthermore, the paper deliberates on the prospect of eschewing the established procedures for the privatization of land plots. Given the pressing relevance of the issue of land privatization amid martial law, the study is anchored in contemporary events and provides a thorough exploration of the legal facets within the domain of land law. The conclusions drawn from the obtained results hold significance in understanding the prevailing mechanisms of land privatization against the backdrop of martial law.

The Drover’s Wife, the Legend of Molly Johnson: Leah Purcell’s Reclaiming of a Colonial Fetish

Henry Lawson’s short story, “The Drover’s Wife,” has animated Australian nationalism since its publication in 1892. The story is much-loved, and has been perceived as representing a voice from the margins, the enduring archetype of the Australian frontier bush woman, a figure who is simultaneously vulnerable and stoic. This archetype organises other tropes in Lawson’s story, symptomatic of the national imaginary of the internal frontier–the unrelenting harshness of the Australian land, the resilience of the white frontier individual, and the civilising effects of those individuals’ labor on the landscape, as well as on First Nations people, who are coded as part of “nature,” requiring “civilisation.” It is against this context of white colonial fetishism of both the story and of Lawson himself that Leah Purcell’s version/s–a play (2016), and now a film (2022)–are set. Leah Purcell is a proud Goa-Gunggari-Wakka Wakka Murri woman from Queensland, and one of Australia’s leading writers, directors and actors. In this article, I examine Purcell’s radical reimagining of this foundational Australian text. In the original story, Lawson imagines the key antagonists of the frontier as belonging to the “natural world,” including a bull, a poisonous snake, the isolation and harshness of the environment, and the presence of an “uncivilised” Indigenous man who appears as a stranger in the unnamed drover’s wife’s home. In Purcell’s reworking, she upturns this narrative and its fetishistic tropes, giving a name to the drover’s wife–Molly Johnson–and also truthfully naming the true antagonists the drover’s wife must face on the Australian frontier: the imminent threat of violence and sexual violence against all women, and the violence of the frontier wars against First Nations communities, which was followed by government policies of assimilation and intervention (Watson, 2009). Purcell’s work reveals truths about the violence of the frontier, about forms of state and outlaw violence that not only led to the massacre of First Nations people, but also created a false epistemology: that the land which Indigenous people have inhabited with peace and ease for thousands of years is “harsh,” that First Nations labor is “idleness,” and that the colonist’s work at the frontier is noble, rather than an act of ugly, violent theft. Purcell thereby critiques the role of particular Australian literary works in the creation of national mythology and in the papering-over of violent historical truths. Purcell’s work both reveals and subverts the colonial epistemology of violence, gender, sexuality, and state law’s complicity in these processes, from its foundational refusal to acknowledge First Nations law, to the imposition of a thieving land law and then to the “lawful” removal of First Nations children. This paper will explore the radical implications of this work to both legal and cultural imaginaries.

Analysis of spatial and temporal changes and driving forces of arable land in the Weibei dry plateau region in China

Arable land is the lifeblood of food production, it is of great significance to promote the protection of arable land and ensure national food security by accurately understanding the change law of cultivated land and its driving mechanism. This study takes the Weibei dry plateau region of China as an example, explores its spatial and temporal change characteristics through the center of gravity shift and land use shift matrix, and couples the geographic probe model to reveal the driving mechanisms affecting arable land change. The results show that in the past 25 years, the total arable land area in the Weibei Dry Plateau Region of China has decreased by 5.58%, and the stability of arable land resources in the whole region has weakened. The center of gravity of arable land shifts to the northeast, and the standard deviation ellipse of arable land mainly undergoes the change process of "increase (1995–2015)-decrease (2015–2020)", and the spatial distribution of arable land tends to be dispersed. In the LISA frequency mapping, the proportion of stable constant and low-frequency areas is as high as 89.58%, and the spatial pattern of cultivated land is relatively stable. Medium and high frequency areas. The transformation mode is mainly "low-low" aggregation, "low–high" aggregation is not significant, and the decline of cultivated land in the study area is more obvious. In the past 25 years, a total of 1017.26 km2 of arable land was converted to construction land. The explanatory power of the influencing factors varies in each period (0.299 to 0.731), with total agricultural machinery power has the strongest explanatory power of 0.694, 0.592, and 0.731, respectively. The interaction between slope and annual average temperature and other factors being the highest, both greater than 0.8. Through the construction of LISA frequency mapping, combined with the center of gravity model and standard deviation ellipse, the spatial evolution trend of regional arable land is more comprehensively and dynamically grasped. By using the geodetector model, the driving mechanism of the changes of arable land is revealed comprehensively, which provides a theoretical basis for the scientific management and effective protection of arable land resources and a basis for decision-making.

Industrial land transfer and enterprise pollution emissions: Evidence from China

This study explores how large-scale and low-price industrial land transfer by local governments affects industrial enterprises’ pollution emissions in China. While many studies have examined industrial land transfer's implications for the macroeconomic outcomes, little attention has been paid to its impacts on industrial enterprises’ pollution emissions. Using data on China's city-level industrial land and enterprises from 2007 to 2014, we find that the large-scale and low-price industrial land transfer significantly increases industrial pollutant emissions. Cities with a larger scale of industrial land transfer experience higher total and per capita industrial enterprise emissions. Moreover, this effect is mainly observed in the central and western regions because of differences in institutional quality. Further analysis suggests that land resource misallocation and land law violations are the mechanisms through which industrial land transfer exacerbates environmental pollution. The findings imply that breaking the monopoly of land transfer by local governments can help reduce environmental pollution.

Amendments to the constitution: general theoretical aspect

It suggests that improving the process of drafting constitutions and implementing constitutional support is critical to world-building efforts in the twenty-first century. We live in the days of constitutions; more than half of the nearly two hundred existing national constitutions have either been reformed or drawn up in the last thirty years. Every year, about twenty constitutional reforms are carried out and new higher laws are adopted, most of which are part of the peace-building process in countries torn by war or as a result of economic or social crises.
 It was noted that the main dilemma of Ukrainian constitutionalism of the transitional period was expressed in the conflict between the principles of Soviet legitimacy (the so-called «Soviet democracy») and plebiscite presidential power. However, this conflict has not received a final solution until today. It is most clearly manifested in the opposition of various political forces to the Constitution and finds expression in changes to it. This phenomenon is by no means completely new in history.
 Analysis of the changes to the Constitution makes it possible to draw conclusions about the general direction of these initiatives. Thus, among them there are no proposals related to the constitutional regulation of property relations and the social sphere in general (for example, land law), an extremely small number of changes related to territorial organization, organization on the new basis of local administration and self-government, administrative and judicial reform (problems of democratization of the legal system and ensuring the rights of the individual), that is, precisely those fundamental issues that form the basis of legal modernization.
 In conclusion, one should be deeply aware of all responsibility for the strategy, implementation and consequences of the political reform aimed at updating the Constitution in accordance with new realities, balancing power relations in the state, and consolidating society. This large and multifaceted work can be considered successful only when it brings real positive changes to our lives, has a beneficial effect on all spheres and in all dimensions - from the nation, the state to a specific person and a specific family. It should be assumed that changes of such a scale and depth objectively introduce elements of instability and disagreements into society and the political situation. Therefore, they must be balanced, accurately and responsibly calculated and implemented in the shortest possible time, without disturbing the general atmosphere in the state, the rhythm of its economic life. For these reasons, it is no less important that such campaigns are carried out as rarely as possible.

OLEG IGOREVICH KRASSOV AND PRIMACY OF LAND LAW

The article is dedicated to the memory of an outstanding employee of higher education - Doctor of Laws, Professor Oleg Igorevich Krassov, who made an invaluable contribution to the development and upholding of the independent nature of the branch of land law and legislation. O.I. Krassov substantiated the independence of land law especially through the analysis and development of the concepts of “legal regime” of lands, land plots and other objects, as well as through the concept of “land plot”. Referring to the works of O.I. Krassov, in the current article his point of view is provided on the content of these concepts, determined by the norms of land, water, forestry, urban planning, natural resources (ecological), mining, and civil legislation. Oleg Igorevich is the founder of the studies of comparative land law. He has prepared monographs on land rights in Europe, common law countries, the Middle East, Africa and Asia. Taking this into account, and as an additional substantiation to his opinion on the independent nature of the branch of land law and legislation, O.I. Krassov referred to world’s experience in the development of land law and rights to land and land plots in different countries. As a result, he advocated a unified legal regime for land plots. In his opinion, the legal regime of land plots is established not so much and not only by the norms of civil law and legislation, but by special rules established in land law, the Land Code, and land legislation.

Developmental Politics, Urban and Agrarian Reforms, and Eminent Domain Laws in ‘Era Vargas’ (1930-1964): Some Sociolegal Historical Considerations on the Concept and Its Reflections on Nowadays Brazilian Land Law

The 'Era Vargas' brought a shift in Brazilian economic politics, using a developmentalist approach. Named after President Getúlio Vargas, who ruled as a dictator from 1930 to 1945 and was later elected from 1951 to 1954, the era focused on development through public enterprises, including petroleum, steel, and urban renewal. Vargas and his successors planned the Basic Reforms, encompassing labor, tax, state, administrative, urban, and agrarian reforms. However, conservative forces hindered agrarian and urban reforms, maintaining classical liberal property and eminent domain concepts. This study aims to revisit the history of these reforms, focusing on property and eminent domain, as they continue to shape contemporary land regulations and takings.

Love and Loss: The Malay Reserve Land Predicament in Malay Novels

Malay Reserve Land is a topic that has been discussed less since COVID-19 hit the world. It is not just a simple issue about land and property; Malay Reserve Land is also a matter of Malay privilege in Malaysia. As a country with increasing pluralisation, diversification and practice of liberal economy, sustaining this special right is becoming a challenge. Historically, the practice of land possession in Malay customary law is strongly influenced by Islamic law. According to the teachings of Islam, real ownership belongs to Allah Almighty. However, after the British colonised Peninsular Malaysia for nearly 200 years, new land laws were endorsed to deal with the problems in land management that hindered their political and economic interest. Since then, the Malays have faced numerous problems to manage their special land. The following article, based on an indepth reading of the selected Malay novels, provides the various voices of love negotiating with hate and the feeling of loss. Data from newspapers and academic articles in the last 10 years have shown that the main issue is the decreasing size of Malay Reservation Land. The findings of the textual analysis reveal the authors’ voices of disenchantment in their novels related to the actual depletion of Malay Reserve Land throughout the 108-year-long journey.

Legal regulation of land parcel normative monetary valuation approval by local self-government authorities

Introduction. In this paper, the legal nature of decisions made by local self-government authorities regarding the approval of technical documentation for normative monetary land valuation is analyzed. The recognition of these decisions as regulatory legal acts has been a complex issue, resulting in numerous disputes within the Ukrainian judiciary. The aim of this analysis is to enhance understanding and offer guidance on the implementation of these decisions within a legal framework. The purpose of the paper is to assess the legal standing of determinations issued by local self-governing bodies when it comes to the approval of normative monetary land assessments. We aim to determine whether such decisions can be considered regulatory legal acts and how this affects the economic and administrative relations between public administration entities and business entities. Results. During the analysis, key aspects of law as a societal phenomenon, legal norms, normative legal acts, and their history of emergence were thoroughly examined. Technical documentation related to normative monetary land valuation was also extensively explored. Particular attention was given to the history of land appraisal instruments, demonstrating that the primary objective of these instruments has always been to establish the objective natural characteristics of land, upon which land fees are calculated. Conclusion. The results of this research clearly indicate that decisions made by local self-government authorities concerning the approval of normative monetary valuation do not qualify as regulatory legal acts. They do not include mandatory legal norms established by law and do not regulate economic or administrative relations between public administration entities and business entities. In practice, this means that business entities have the opportunity to reduce land fees payable to the local budget. The conclusions of this study, supported by legal doctrine and the practical contributions of legal professionals, can be a valuable addition to the field of land law science and practical activities within this realm.

Perbuatan Melawan Hukum Yang Mengakibatkan Akta Jual Beli Batal Demi Hukum (Studi Kasus Putusan Mahkamah Agung Nomor 1615 K/PDT/2020)

In conducting the sale and purchase of land, material requirements must be met followed by formal requirements, namely the deed of sale and purchase is drawn up and signed by the parties before the Land Deed Making Officer. The deed of sale and purchase serves as evidence that a binding agreement and agreement have been made among the parties involved, confirming the transfer of land rights accompanied by the payment of the price, thereby making the recipient of the rights or the buyer the new holder of the rights. This study aims to examine a tort of transferring land rights without the knowledge of the landowner in the case of Supreme Court Decision Number 1615 K/Pdt/2020, and the transfer of land rights based on national land law. The research method used in this study is normative legal research. This study resulted in the conclusion that the legal considerations and the judge's decision in the Supreme Court Decision Number 1615 K/Pdt/2020 were appropriate, proving that the Defendants had engaged in a tort under Article 1365 of the Civil Code, which resulted in the transfer of ownership rights without the knowledge of the Plaintiff. Since the enactment of Government Regulation No. 10/1961, which was later amended to Government Regulation No. 24/1997 concerning Land Registration, the sale and purchase transactions are conducted in the presence of authorized Land Deed Officers who have the authority to create the deed. The conclusive evidence of a transfer of the rights from the seller to the buyer, along with the payment of the agreed-upon price, is established by the executed deed of sale and purchase between the involved parties. Therefore, the relevant sale and purchase transaction has been carried out in a tangible manner.

Property rights and land quality

AbstractThis paper presents a novel study examining the effect of a property rights law reform that legalized land transfers on land quality. Using unique Chinese county‐level land erosion data, we show that formally legalizing land transfers significantly reduces land erosion. This is an important and surprising benefit of a secure land transfer right to the land resource itself and a positive biophysical spillover to the natural environment that is largely ignored in the existing literature and in the policy making process. We further demonstrate that the land quality improvement brought by the law reform was associated with an increase in farming investments that can improve land quality but are subject to economies of scale. Land concentration made such investments economically feasible. We also show that the land quality‐improving benefits are unevenly distributed across regions with different socioeconomic backgrounds. Future land law reforms should consider both the potential efficiency and equality implications in terms of land quality.

Parate Executie Polemic: The Nature of the Authority to Sell Creditors for Objects of Collateral Rights

Execution of collateral objects is basically uncomplicated. The holder of the first Mortgage is also entitled to carry out direct execution of the object of the Mortgage that is used as collateral because in addition to the deed of Mortgage it also functions as proof of the existence of a Mortgage. Mortgage is a guarantee institution for land rights in the codification of national land law since the Mortgage Law was promulgated on April 9, 1996 , Mortgage rights function to provide protection for certain creditors and certain positions. where the deed is affixed with the irah-irah "For the sake of Justice Based on Belief in the One and Only God", which has executive powers which is the same as a court decision that has permanent legal force. Despite the fact that the auction procedure is likewise governed by a Minister of Finance Regulation, many lawsuits seeking the cancellation of auctions are nonetheless filed with the District Court on a regular basis. This research is included in the category of normative legal research, which analyzes laws and regulations in a comprehensive legal system. With regard to authority, in essence, an owner (eigenaar) has the power to control (beschikkingsbevoegdheid) and is authorized to act (handelingsbekwaanheid), but a person who is not an owner does not have power (beschikkingssonbevoegdheid) and may not act. Parate executie arrangements were prepared by legislators as a form of legal protection for the parties and are an excellent means of adjusting to legal requirements in the economic field.

Real Property Transactions in the Network Society: Platform Real Estate, Housing Hactivism, and the Re-scaling of Public and Private Power

Technology is rapidly transforming the landscape of land ownership and housing transactions, creating new types of consumer risk and new regulatory challenges. As markets, legal systems, and housing consumers navigate the new opportunities and risks of “platform real estate” (or “PropTech”), the underlying land laws, policies, and practices that produce the material context and legal framework for real property transactions, and against which consumer risk and regulation must be understood, require “re-scaling.” In this article, we offer a theoretical framework for this re-scaling project, drawing on our earlier work to develop Resilient Property Theory (RPT) for analysing complex, large-scale property questions using methods that—in a departure from liberal property theories—pay attention to the public role of the state. Against a backdrop in which narratives of private property law defined real property transactions as “private realm” activities, while consumer law and policy provided the vehicle for state-backed regulation of specifically defined transactions based on a risk-based approach, this article brings the state back into view to reflect on new configurations of risk in consumer housing transactions. In the de-materialized realm of the “network society,” networks, platforms, and innovations are recalibrating housing transactions. In this data-driven world, land transactions are financialized, depersonalized, and increasingly remote from the materiality of land and the consumption of housing. As new capabilities in digital land transaction systems reach back into the underlying law of ownership, official (state), insider (global capital markets), and outsider (social movement activists) networks have evolved to leverage their relative positionality. This article uses techniques developed in RPT to examine the re-scaling of risk in real property and housing transactions through digital network technologies. We consider the implications of resilience needs in the network society in relation to the public sovereignty of the state, the private sovereignty of land ownership, and practices of resistance to public and private sovereignty through “housing hacktivism.” Finally, we argue that conceptions of consumer vulnerability and risk and embedded ideas about the relationships between private property law and consumer law and policy in real property transactions must evolve to take account of these effects.

Indefeasibility of Title and Adverse Possession in Kenya: An Uneasy Relationship?

The doctrine of adverse possession conjures up deep emotional and philosophical arguments, centuries after its inception. While courts have perpetually been called upon to pronounce themselves on the fairness of the doctrine, a new formidable challenge has now been levelled against the principle-that of its relevance to 21st century land law. The debate rages on in courtrooms and parliamentary floors around the world, calling lawmakers, members of the bar and the bench to contribute to the keep or discard dichotomy. This paper makes an argument for the incompatibility of adverse possession with an era characterized by rigorous registration systems. The analysis begins by tracing the history of adverse possession and then proceeds towards an empirical assessment of the arguments in favour of, and against the doctrine. The discourse then contextualizes the discussion to Kenya’s land law and concludes by making an argument against the retention of the doctrine with respect to registered land.

Kepemilikan Tanah Eks Eigendom Verponding 1065 Yang Ada Di Negeri Tawiri

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

Sociocultural and Economic Barriers to Land Ownership Among Widows in Rural Western Kenya

Background Widows still face immense barriers in owning land and get inferior reliable rights to land than males across most Kenyan communities. The objective of this study, therefore, was to establish the sociocultural and economic factors that continue to bar widows from owning land in rural Western Kenya. Methods A cross-sectional study employing qualitative data collection methods was adopted in this study where six widows participated in Case Narratives (CN), and two Focus Group Discussions (FGDs) each with five widows and one FGD comprising eight men were conducted. In addition, six widows were identified from the FGD participants for in-depth interviews (IDIs) and 10 key informant interviews with stakeholders were carried out. Data from the qualitative interviews were transcribed for coding and analysis. The thematic content analysis method was used to identify themes related to sociocultural and economic factors hindering women from land ownership. Results Economic marginalisation, traditional land ownership structures, and practices such as the skewed land inheritance that disfavour women due to the deep-rooted patriarchy, low level of education and lack of awareness of existing land laws were found to be the major hindrances to land ownership by widows. In addition, the tedious process of accessing land documents and widow inheritance is also to blame. Conclusion The study concludes that the existence of a legal regime that accords women and widows the right to own land may not be sufficient in realising the intended gains for women if it is not backed up with an effective implementation and awareness creation on the laws as well as economic empowerment of the widows through targeted social protection schemes.

Revisiting British Malaya's Era: An Intriguing Historical Legal Analysis of Land Administration and Colonial Forestry

The land and forest administration system in Malaysia faces a complexity bias due to the misinterpretation of rules and legislation, leading to increased disputes. The reliance on British law for matters like land ownership amplifies this issue, and the intricacies of static and dynamic arrangements further compound the complexity. Previously, Malay rural land rights were based on usufructuary principles, but the colonial land alienation policy redefined unalienated land, land reserved for public purposes, and reserved forests as State Land. This study seeks to comprehensively review and analyse legal rules, cases, statutes, and regulations to understand ancient land law practices and the influence of British colonial land law on land administration. Conducted in Peninsular Malaysia, the study focuses on primary documents, cases, and critical analyses from three states: Perak, Penang, and Kelantan. The findings of the study highlight the contentious nature of land rights and autonomy in utilizing natural resources in Malaysia. The country inherits both formal and informal land tenure systems rooted in customary law, making dispute resolution challenging. The principal characteristic of ancient land law is based on a hypothetical model of the ancient customary land tenure system, encompassing different eras, missions, and principles. Significantly, the study reveals a direct and strong connection between colonial land law and current land law practices in the respective states. Additionally, Malaysia's land law has been influenced by Islamic law (Syariah) to some extent and blended with other ancient customary laws before the introduction of Torren in 1897.

Review the Legal Subject Status of Buyers in Underhand Sales of Mortgage Objects

The Mortgage Law regulates three types of execution of mortgage rights, namely Title Executorial, Parate Execution, and Underhand Execution. In the underhand execution, it is important to pay attention to the buyer's legal subject of the mortgage's object. This article examines the buyer's legal subject of the mortgage's object in underhand sales in the framework of the execution of the mortgage. The buyer's legal subject is important, considering that the national land law stipulates that the status of the land determines the status of the subject who can own it. This study uses normative juridical research methods using sources of legislation and other secondary legal materials. This study found that the underhand execution of the mortgage object must be carried out by considering the legal conditions of buying and selling land, both material and formal. Material requirements in the form of the importance of the legal subject status of a land buyer are essential things that need attention. If the material requirements are not met, the sale and purchase are null and void by law. The legal subject status of the buyer of the mortgage object must see the provisions in the Basic Agrarian Law or its derivative provisions to ensure that he has the right to hold land with the status of the rights in question.

Agricultural Policies in Turkey and The Land Law for Farmers

Osmanlı Devleti'nin yerine zor bir kuruluş geçiren Türkiye Cumhuriyeti Devleti'nin önünde önemli sorunlar bulunmaktaydı. Bunlardan bir tanesi de; çiftçilikle uğraşan kesimin önemli bir kısmının ailesini geçindirecek kadar toprağa sahip olmamasıydı. Dönemine göre modern, pratikte avantajlı ve oldukça karmaşık bir toprak yönetimi uygulayan Osmanlı Devleti'nden yeni devlete miras kalan sorunlardan birisi de toprak mülkiyeti meselesi idi. Tımar sistemi, onun bozulmasıyla geçilen iltizam sistemi toprak mülkiyeti konusunu daha karmaşıklaştırmıştı. Buna çözüm bulmak için çıkarılan Arazi Kanunnamesi tam olarak halledememiştir. 
 Türkiye Cumhuriyeti kurulduğunda bu kanunname yürürlükteydi ve iş ve işlemler buna göre yürütülmekteydi. Nüfusun neredeyse dörtte üçünün tarımla uğraştığı bir ülkede, ailesini geçindirecek kadar toprağa sahip olan kişi sayısı maalesef oldukça düşüktü. Yeni devleti idare edenler hem tarımı modernleştirmek ve hem de çiftçilikle uğraşanlara yeterince toprak dağıtmak durumundaydılar. 
 Zaman zaman hazine arazisi olan yerlerden köylülere belli miktarda toprak dağıtılması için çalışılmışsa da yeterli olamamıştı. 1937 yılında yapılan Anayasa değişikliğinde topraksız köylüye toprak dağıtılması hususu da Anayasaya girmişti. Fakat, Atatürk'ün ölümü ve hemen arkasından başlayan II. Dünya Savaşı döneminde buna dair kanun çıkarılamamıştır. 1945 yılında Milli Şef İsmet Paşa'nın girişimi ile kanun çıkarılabilmiştir. Ancak gerek tek parti döneminde CHP içinden bu kanuna muhalefet ve gerekse çok partili hayata geçişte kurulan partilerin bu uygulamaya karşı çıkışı bu konuda yeterince mesafe alınmasını engellemiştir. Özellikle de bu kanuna karşı çıkıp daha sonra CHP'den ayrılarak Demokrat Parti'yi kuran kadro, 1946-1950 arasında muhalefet partisi olarak eleştirilerini devam ettirmiştir. CHP iktidarında yeterince ilerleme sağlanamaması bir tarafa bırakılırsa, hele 14 Mayıs 1950 seçimleri ile DP'nin iktidara gelmesi ile çiftçiyi topraklandırma uygulaması sekteye uğramıştır. Sonraki dönemde zaman zaman gündeme gelse de, çiftçilikle uğraşanların ailesini geçindirecek kadar arazi sahibi olmaları hususunda tam olarak başarılı olunamamıştır.

Principles of Social Justice in Land Law in Indonesia

This study aims to examine the principles of social justice underlying land law in Indonesia. Equitable distribution and fair access to land resources can only be guaranteed through establishing and applying land law principles based on social justice. The study identifies social justice principles embedded in Indonesia's land law framework, including land ownership, utilization, and administration principles. This study uses comparative law approaches and normative analysis to assess how social justice principles are reflected in land-related laws, regulations, and policies. Furthermore, this study recognizes the challenges and obstacles to applying social justice principles in land law practice. The findings of this study aim to provide an in-depth understanding of the relationship between social justice principles and land law in Indonesia, as well as provide recommendations to improve the alignment of social justice principles with land law practice in the future.