Land Ownership Research Articles

Water resource management and land tenure on allotted and tribal lands

Historical land tenure policies often prevent tribal members from accessing and managing resources on lands to which they hold allotment titles. Tribal trust landowners continue to experience challenges in applying long-contested water resource rights for beneficial use on their land. This study examines the relationship between land tenure and water resource management in tribal lands. Conflicts arising from diverse land ownership types and the implications of water rights management of tribal trust and non-tribal assets are analyzed. Watershed analyses of landownership types are performed to provide a comprehensive picture of the extent of tribal control and management of water resources. These analyses provide an estimate of land within the reservation boundary not controlled by the tribe, thus highlighting the restrictions that such land presents for tribal resource management. To further detail the potential impact of these restrictions, the land tenure of the tribal land base is outlined, including the percentage of tribal trust, fee, or non-trust land types, with the goal of specifically addressing the potential limitations on water resource usage for allottee landowners on Crow tribal lands. Using highly fractionated lands as a proxy for idle lands, 33% of tribal trust lands were estimated to be precluded from water resource management. The convergence of large-fee land and fractionated idle land is identified as alienated land. The primary waterway basins consist of over 60% fee and idle land as alienated land. Fee and non-trust lands are subject to state control over water rights, and the reserved rights associated with idle allotted land are inaccessible to the tribal management authority. This leaves allottee landowners unable to use and manage their land and related water resources. The key to effectively managing tribal water resources is to ensure that all landowners have the means to participate in resource management.

ERRORS IN THE LAND RECORD OF RIGHTS (KHAIAN) AND THE REMEDIAL PROCEDURE IN BANGLADESH: AN ANALYSIS OF EXISTING REGULATORY FRAMEWORK AND FUTURE REFORMS

Land record of rights (known as khatian in Bangla) is an indispensable and integral part of land administration which contains and recognizes the chain of title. It is prepared through surveying and mapping of land plots and updating ownership. It shows all the detailed interests and contains the entire information of the previous and present land owners. However, inappropriate record of rights for example mistakes in land records increases difficulties in every aspect of land tenure. In these circumstances, it is essential to be familiar with record of rights mechanism while making land records so that no mistake takes place. This paper aims to study the existing categories of land record of rights, types of usual mistakes in the record, reasons for such mistakes, methods of correction of mistakes, and liability for such mistakes in the land record of rights. In addition, this paper intends to assess the categories of core causes of challenges in land survey and records, and provides recommendations to overcome those challenges. This article is based on the primary and secondary sources and descriptive in nature. Secondary data has been collected from text books, journal articles, judicial precedents, websites, reports and so on. In completing this study, qualitative approach has been adopted to make an analytical reasoning in identifying the relevant laws as regards Record-of-rights in Bangladesh. Practical experience as a legal officer and associates of Law Chambers has been reflected in this article.

Addressing the Twin Threats: Combating Child Stunting and Poverty Among Indonesian Farmworker Families

This study identifies the underlying factors contributing to child stunting and poverty among Indonesian farmworker households. We use logistic regression and the Indonesian Family Life Survey to measure this study. The findings indicate that social and demographic factors significantly influence poverty among farming families. Families with more farming businesses and land ownership are less likely to be poor. However, there is no significant link between agricultural productivity and child stunting. Positive factors for child nutrition include exclusive breastfeeding for at least two years and a father's higher education level. In contrast, older maternal age and larger household size increase the likelihood of child stunting. The study highlights the importance of social and demographic factors in addressing poverty and child health in agricultural settings. Parental education and breastfeeding practices play crucial roles in preventing stunting. To address these issues, policies should focus on educating parents about the benefits of exclusive breastfeeding and early childhood nutrition. Supporting farming families by increasing agricultural productivity and land ownership is essential. Developing targeted nutritional programs for children in larger households and those with older mothers can help prevent stunting.

Aplication of Sweet Maize Whole Plant Silage (Zea mays saccharata Sturt) and Gliricia sepium for Feed of Dairy Cattle

The low productivity of smallholder dairy cattle in Indonesia is due to limited capital and feed management. Limited land ownership, resulting in feeding from low-quality natural grasses and agricultural waste, limits milk production. Farmers rely on expensive commercial concentrate feed to improve feed quality. Efforts to improve productivity and milk quality on smallholder farms include utilizing low-cost, high-nutrient forages. Legume forages have the potential to replace commercial concentrates in dairy cow rations because they contain high crude protein (CP) and can increase livestock productivity. Using legumes as a substitute for commercial concentrates can reduce milk production costs by up to 20%. In Indonesia, the most widely cultivated legume crop is Gliricidia. Harapan Makmur Farmer Group is one of the few dairy cattle groups established in Padang City in 2011. The problem of the dairy cattle business is the high feed price, some of which comes from commercial feed. The activity method uses counseling, discussion, and the practice of making sweet corn silage mixed with Gliricidia. These activities concluded that farmers were utilizing forage from legumes to substitute commercial concentrates, and they were skilled in processing corn straw waste from sweet corn cultivation and Gliricidia into silage.

Firescape politics of wildfires in the Mediterranean: Example from rural Tuscany, Italy

Increase in wildfires has changed parts of the landscape and ecosystems of the Mediterranean region. By using the firecapes approach, this paper aims to establish a connection between wildfires as a natural phenomenon and the political dynamics surrounding land ownership, knowledge, and mitigation. Theoretically, we apply political ecology to contextualize firescapes by examining the historical processes that have shaped different uses of landscape which in turn has made land areas susceptible to wildfires. Empirical evidence is derived from literature review, semi-structured interviews, and focus groups with local municipal actors in wildfire mitigation in Tuscany, Italy. Results demonstrate that while Tuscany is climatically predisposed to wildfire activity, historical processes of industrialization and commercialization have rendered the land more vulnerable to destruction by wildfire. Historically-informed and community-based approaches are recommended for sustainable wildfire prevention and mitigation.

지하공간에서 건설 공사를 위한 법제 고찰

The necessity for construction projects in underground spaces is gradually increasing. Currently, since there is no special law governing underground spaces, the Civil Code is applied. However, the Civil Code does not present a legal concept for underground spaces or deep strata. Therefore, there has been ongoing debate on whether the effect of land ownership under the Civil Code is recognized or excluded in deep strata. The “Deep Strata Act (Draft)” proposed in September 2020 mainly stipulates that when constructing or managing transportation facilities in deep strata, it is permissible to use the deep strata underground, and in such cases, compensation for the land as prescribed by the “Land Compensation Act” is not required, nor is it necessary to establish a separate superficies under the Civil Code. This premise implies that ownership rights do not extend below the boundary depth. However, simply limiting private ownership rights for public projects could lead to essential infringements on property rights, which necessitates considering the relationship between ownership and superficies under the Civil Code, as well as compensation for losses, when enacting special laws. Particularly, unlike the Japanese Civil Code, Article 212 of the Korean Civil Code includes an abstract provision of “legitimate interest,” making it difficult to adopt the Japanese Deep Strata Act as is. Under the current legal system, construction projects in deep strata require individual assessments of the scope of ownership, as well as the establishment of separate superficies and compensation for losses. Nevertheless, for the efficiency of construction projects in deep strata, it is believed that not only the enactment of special laws but also a legal review of the Civil Code and other legal principles is necessary.

AKIBAT HUKUM TERHADAP SERTIFIKAT HAK ATAS TANAH YANG TUMPANG TINDIH

Legal efforts to facilitate referrals to plots of land so that good land management can be carried out. After the land registration has been completed according to the stages carried out, a Principal Rights Certificate is issued. This is proof of ownership and is considered strong evidence of the physical and legal data contained therein as long as the physical and legal data is still maintained. The data is in accordance with information from relevant survey documents and land legal documents. A certificate as proof of land ownership after being registered at the Land Office of course brings legal certainty to the holder. However, in fact there are several cases where the certificates overlap, such as in the case that was decided in decision number 32/G/2023/PTUN SBY ​​between Sri Wulandari and the Head of the Batu City Land Office and I Made Artawan. Legal certainty regarding land ownership is by registering the land owned by each person, because based on Article 1 paragraph (1) of the Basic Agrarian Law, by registering the land we own, this guarantees legal certainty for the land owner and is proven by the issuance of a land title certificate. This land ownership certificate has strong evidentiary value as long as the land procurement and registration is carried out according to established procedures and there are no clerical defects in the land registration. Article 32 (2) PP Regulation Number 24 of 1997.

Analisis Hukum Mengenai Turunnya Balik Nama Sertifikat Hak Milik Menjadi Hak Guna Bangunan pada Badan Usaha Atau Perseroan Terbatas (PT)

Land is something that is very meaningful for the lives of living creatures, especially humans, from the past until the future. Therefore, it is important to have clear legal rules to regulate it. In Article 16 paragraph (1) of the UUPA, there are several types of land rights, namely: Ownership Rights, Cultivation Rights, Building Use Rights, and Use Rights, Rental Rights, Land Clearance Rights, and Forest Product Harvesting Rights. Land rights are rights owned by every land owner provided they have a certificate as strong evidence. Property rights are the strongest and most fulfilled rights. Business entities in the form of limited liability companies are currently in great demand, but problems often occur regarding land use due to the reduction in the status of Land Ownership Rights to Building Use Rights experienced by limited liability companies. The transition process also often experiences obstacles. For this reason, this research uses normative juridical research methods which focus on studying the application of rules or norms in positive law with a statutory approach and legal norms relating to land rights by Limited Liability Companies.

DAM DEVELOPMENT AND FOOD SECURITY OF DIRECTLY AFFECTED HOUSEHOLDS: A CASE STUDY IN JATIGEDE DAM, SUMEDANG, WEST JAVA

The Jatigede Dam construction project has caused many residents in the inundation area of the Jatigede reservoir to move to new areas. The affected households by the Jatigede Dam in new places must adapt to obtain sources of income for food and other necessities. This research aims to elucidate the agroecosystem production, off-farm jobs, and food adequacy and food security of the affected people of Jatigede Dam in Jatimekar Hamlet, Jemah Village. The research method used was a combination of qualitative and quantitative. The results revealed that the affected households of the Jatigede Dam Development Project who live in Jatimekar Hamlet, Jemaah Village, have less agricultural land ownership such as rice fields, mixed gardens and home gardens than before the Jatigede Dam existed. Consequently, some of the affected households of Jatigede Dam, they are also involved in various off-farm jobs. Based on food security, it shows that the affected people of Jatigede Dam in Jatimekar Hamlet, Jemah Village are in a vulnerable condition, due to low family income, and farming also faces various problems, such as water scarcity in the dry season and agricultural inputs, such as inorganic fertilizers, pesticides, and plant seeds have high price.

Elevating Sugarcane Farming: Effects of Certified Seed Adoption on Production and Income in East Java, Indonesia

The use of certified seed is essential for sugarcane agricultural intensification method, emphasizing input quality improvements. In this context, varietal validity has the potential to increase sugarcane output volumes and ensure quality variations. Therefore, this research aimed to analyze the variables affecting farmers' decisions on seed varieties, output, and revenue. The type of data used was cross-sectional with a sample of 1,763 respondents, consisting of 303 and 1,460 adopter and non-adopter farmers, respectively. Propensity score matching and logistic regression were the analysis methods used. The results showed that farmers' age, number of workers, land ownership status, extension participation, and partnerships significantly influenced the decisions in selecting seed types. Significant variations in output, gross income, total expenses, net income, and net earnings were also reported using statistical test analysis, with certified seed adopters having higher profits. In this context, young farmers should be targeted to promote the use of certified seed, provide sufficient labor support for intensive farming, ease access to land, and enhance persuasive messages about partnership benefits. Moreover, ensuring the continuity of production and distribution was important to maintain reasonable seed prices and facilitate farmers' access.

Memoirs of African farms: Land, settlement, and belonging in white life writing from Southern Africa

ABSTRACT Building on previous discussions of the plaasroman, or farm novel, this article establishes the autobiographical subgenre of the white, southern African farm memoir, drawing on texts and writers from the former Rhodesia and modern Zimbabwe (Daphne Anderson, Alexandra Fuller, Doris Lessing, and Muriel Spark). Anderson’s The Toe-Rags and Fuller’s Don’t Let’s Go to the Dogs Tonight are read here as indicative of the differences and continuities between successive cohorts of white life writers in southern Africa. While Anderson’s autobiography is markedly anti-imperial, later memoirists like Fuller offer a more ambivalent response to white belonging and land ownership in postcolonial Zimbabwe. When Fuller’s generation inherit the white farm from their predecessors, they return to this location to elide the controversial histories of colonial settlement. Ultimately however, these farms become microcosms of the doomed settler state, offering neither a permanent home, nor a secure future after the end of colonial rule.

Cultivating sustainability: Adoption and intensity of soil fertility management technologies among rural farms in Zambia

Despite the numerous advantages of soil fertility management (SFM) practices and substantial investments to promote adoption, uptake of these technologies remains low across sub-Saharan Africa. We study the adoption and intensity of key SFM practices - improved fallow, animal manure, compost, crop residue retention, minimum tillage, inorganic fertilizer, and intercropping among rural farmers in Zambia. Data from 1234 rural farms and the multivariate probit (MVP) and generalized Poisson regression models are used. The MVP model highlights interconnections among practices, emphasizing the need for integrated interventions. Socio-demographics like gender, age, education, and household labor availability significantly influence adoption of SFM practices. Farm characteristics including experience, land ownership, livestock, and off-farm income also play pivotal roles. Accessibility of information via phones, radio, and farmer groups emerged as a crucial enabler, while extension services, credit, and proximity to markets and roads shape adoption decisions. Results indicate education, household labor, off-farm income, and group membership drive intensity of adoption. Extension contacts, training, and agro-ecological region location also affect intensity with regional variations. Key policy implications emerge. First, the complementarities among practices underscore the need for holistic strategies recognizing these synergies. Second, enhancing education specifically for younger farmers can promote adoption of SFM technologies by increasing knowledge. Third, spurring farmer groups facilitates knowledge exchange, input access, and collaborative adoption. Fourth, strategic extension services and training programs are vital to address knowledge gaps for sustained adoption. Overall, this study provides insights to guide policies for promoting SFM practices among rural farms.

Alih Fungsi Lahan Perkebunan PT Kapas Indah Indonesia dan Dampaknya terhadap Kehidupan Sosial Ekonomi Pendudukdi Desa Lalonggombu Kecamatan Lainea Kabupaten Konawe Selatan: 1998-2021

This article explains the conversion of PT Kapas Indah Indonesia's plantation land and its impact on the socio-economic life of Lalonggombu Village, Lainea District, South Konawe Regency 1998-2021. This research is agrarian history research using historical methods, according to Kuntowijoyo (2013:69), which are divided into topic selection, heuristics, source criticism, interpretation, and historiography. The results of this research show that: (1) The Lalonggombu Village community took over the plantation land of PT. Kapas Indah Indonesia that,s located in Lainea District, South Konawe Regency, because of PT. Kapas Indah Indonesia, because it is seen as O sambu (customary rights in the form of wilderness) by the Tolaki tribal community. (2) PT. Kapas Indah Indonesia's land ownership process began with a lawsuit from the people of Lalonggombu Village, who owned customary land before the company cleared the land. The Land was originally a forest and a former residential area before the Dutch colonial era. The community inhabited it and was forcibly taken by the government without compromise or resistance from the land owners. (3) After the local community processes PT. Kapas Indah Indonesia land, the community's economy improved, people's health improved, people's homes started to look better, and the level of education increased from elementary school to university. From a social aspect, residents worked together to clean the garden and started to get to know the social gathering system until the community's social status increased.

Analysis of the Government’s Decision on Leasing Different Lands under Public Ownership of Land

Using the multinomial logit model, this paper investigates the factors influencing the government’s decision to lease different types of land in Shenzhen, China, including residential, industrial, commercial, and public service land. The aspects of the land attributes, economy and government at the district level, and land accessibility are considered as the influencing factors. Regarding the factors as the variables, the influencing factors supporting the district government decision to lease different types of land and the probability that a type of land will be consider to be leased by the government are investigated via the multinomial logit model. Using data of factors from 2005 to 2021 in Shenzhen, China, the results of the model can be obtained. After discussing and analyzing the results, it is shown that the land attribute, land accessibility, and economy and polity at the district level affect government decisions on leasing land; furthermore, industrial land is more likely to be leased by the district government than other types of land. Lastly, implications and suggestions for the district government are discussed.

Kinerja Pegawai Kecamatan Merigi Sakti Kabupaten Bengkulu Tengah Dalam Pembuatan Surat Keterangan Tanah

This research purpose is to find out the performance of employees in creating land certificate at Merigi Sakti District of Seluma regency. This research is descriptive qualitative research. Data are collected by using interview, observation and documentation. In this researchthere are 4 informants, 2 people as key informants and the other 2 as main informant. This research use performance theory (Mahsum, 2006: 7) with results as below: 1. The input: in making land certificate, there was no any free people have to pay, everything is free because there was an instruction from regency government, 2. Process: in making land certificate, the process was not completed on time because the certificate finished more than one month and because of that society started not to believe with this officers, 3. The output, the officer doesn’t have target to indicate how many certificates must be finished because it depends an the number of requested people. 4. Outcome the quality of the certificate is better than before and the officers are skilled based on their skill background, 5. Benefit, the awareness level of society about the benefit from certificate are quite high almost all land have certificate personally, 6. Impact, the positive inpcat from having land certificate is about the legal low of private land ownership which regulated by laws of land by nation, the price of landis high and can be used as a collateral to finance department to simplity the loan.

THE GENESIS OF THE SUBJECTIVITY OF THE ALGORITHM FOR THE USE OF NATURAL OBJECTS OF THE PROPERTY RIGHTS OF THE UKRAINIAN PEOPLE

The author points out the need for scientific research into the priority of legal subjectivity among all participants to land relations and the balanced use of natural objects of property rights of the Ukrainian people, including in the agricultural sector, which is considered to be a relevant and key factor in solving the existing problems of land monopoly and corruption in Ukraine. The purpose of the article is to systematize and summarize the new knowledge of constitutional land pragmatism gained by the author to substantiate the legal priority of balanced use of natural objects as the main national wealth from the perspective of national interests. The author examines the conceptual, legislative, programmatic, organizational and other approaches to the implementation of the so-called land reform in Ukraine. The author reveals the variability of forms of ownership of land and its natural resources from the beginning of perestroika of the USSR to the present day, which have given rise to the existing “market land problems” in Ukraine on an unconstitutional basis. It is established that the newest innovative interests of ethnic Ukrainians, as well as all full-fledged citizens of Ukraine, especially now, are fully consistent with the constitutionally motivated imperatives of land relations and nature management. It is proved that the introduction of effective forms, methods and means of counteracting the current internal corrupt aggression is a crucial and urgent task. For the first time, the author outlines the invariant features inherent in the Ukrainian ethnos, which are in a state of life-giving humanity, space pioneering, innovative ingenuity, harmony of thinking and creative inspiration, genetically and spiritually passed on (manifested) through the subjectivity of generations of glorious ancestors of ethnic Ukrainians, their families, clans and families. The practical solution to the existing problems in land relations and nature management largely depends on the prompt implementation by the National Security and Defense Council of Ukraine and the Verkhovna Rada of Ukraine of the author’s scientifically based systemic measures of the “New Paradigm for the Implementation of Land Reform in Ukraine”.

Juridical Analysis of Transfer of Land Ownership Rights Unknown to the Previous Owner

The transfer of property rights over land from one party to another can be obtained through a court decision. Based on the provisions of Law No. 5 of 1960 concerning Basic Agrarian Principles and Government Regulation No. 24 of 1997 concerning Land Registration, the sale purchase and transfer of land rights must be carried out in front of a land deed official (PPAT). Many problems arise regarding the ownership of land rights carried out under the hand, in the sense that they are not in accordance with the applicable regulation. The case can be detrimental to the buyer and even a lawsuit must be made through the court. The case in this study is a case of transfer of land rights because the loss of the certificate was later found after 25 years and the owner has a good intention to apply for a name change, but the previous owner of the certificate is unknown. This study aims to ensure legal certainty in the transfer of ownership of land that is unknown to the previous owner and explain the legal consequences of the transfer of ownership of the land after the issuance of a court decision. This study uses a normative juridical method and the method of data collection uses interviews and studies and reviews a applicable law and regulation as a basis for solving problems. Therefore, using a court decision can be the basis for rights that have permanent legal force in the transfer of land rights

IUDP: Prospects and Challenges for Implementation in Nepal: A Case Study of Godawari Municipality

The IUDP represents Nepal's latest comprehensive municipal-level urban planning approach, geared towards providing inclusive and sustainable development for new municipalities. However, the successful implementation of IUDP faces various challenges that demand long-term vision and guidance from municipal authorities. This study delves into the prospects and challenges of IUDP implementation in the context of Godawari Municipality by studying the selection and prioritization of projects, implementation framework of IUDP, municipal budget, and exploration of implementation issues and the probable solutions. The municipality faces significant challenges in IUDP project implementation, including legal constraints, transparency issues, limited budget, political willpower, lack of technical support, complexities in land ownership, road standard compliance, community ownership, and shortage of technical experts, all highlighting the necessity of a specific implementation framework. Addressing critical challenges through formalizing ward committees, clear project selection guidelines, streamlined procedures, financial accountability, strengthened planning commission, cost-effective expert consultants, community ownership, sustainable forest conservation norms, and enhanced staff capacity is essential for successful and sustainable IUDP implementation in Godawari Municipality, contributing to holistic regional development. The prospects of IUDP implementation in Godawari Municipality show promise with relevant projects, investment planning, collaborative efforts, and proposed solutions, along with a dedicated team and budget allocation that enhance the likelihood of successful and sustainable development.

Sustainability and Ecotourism: the Learning Process of a Small Business in Mexico

Objective: The objective of this study is to investigate the implementation process of ecotourism, with the aim of understanding the different forms of knowledge generation and learning in a company with precolonial references. Theoretical Framework: This topic presents the main concepts and theories that support the research through the critical perspective of Organizational Studies. The binomial knowledge-organizational learning stands out, providing a solid foundation to understand the context of the research. Method: The methodology adopted for this research includes a case study based on a qualitative approach with a phenomenological approach. Interviews were conducted with members of the organizations and advisors who supported the implementation of the ecotourism model. Data collection was carried out through semi-structured interviews, participant observation and document analysis. Data were analyzed with an interactive model using an inductive approach. Results and Discussion: The results obtained revealed the influence that the origin and ownership of the land has on the process of conception and practice of ecotourism. In the discussion section, cooperation between community members stands out as essential in the management of knowledge and learning, and the achievement of organizational objectives. Implications of the research: These implications could cover the theoretical-methodological limits to understand these organizational forms that live between premodernity and modernity and the need to generate sustainable reproductive, consumption, distribution and maintenance systems. Organizational Studies present a critical vision in the analysis between the complementarities and contradictions that underpin the implementation and practice of ecotourism. Originality/Value: This study contributes to the literature by exposing the nature of this type of organizations with precolonial references where ecotourism merges with the traditions, rituals and worldviews of the community, exposing tensions and paradoxes of an organizational model that incorporates contradictory elements and at the same time complementary, such as sustainable development. The relevance and value of this research is evident in understanding the knowledge-learning process from the perspective of the subjects and the practical application in the implementation of ecotourism based on the nature of land ownership.

Case of Land Ownership Encroachment Reviewed from Agrarian Law Aspects: A Case Study of Verdict No: 255 K/TUN/2021

Case of Land Ownership Encroachment Reviewed from Agrarian Law Aspects: A Case Study of Verdict No: 255 K/TUN/2021