Land Ownership Research Articles

The Urban Land, the Disputed Land: The Land Disputes of Pawirorejo in Surakarta 1982-1985

Abstract: The issue of land disputes in urban areas during the New Order era intensified due to the massive use of land for housing needs and to support various development projects. Especially in the late 1970s, land issues had become a major concern in cities at the municipal level. This paper analyzed the causes of land disputes involving the Pawirorejo family in the city of Surakarta. This historical research used archival sources such as trial documents from the Surakarta Court Office, regional statistical data, and newspapers. The study's results suggest that the state-controlled lands in Surakarta, which did not receive full attention, triggered the Pawirorejo land dispute; consequently, the city government's weak control also played a role. Furthermore, land as a commodity with significant value in the city of Surakarta is vulnerable to conflicts, and the adage "land for the people" becomes very difficult to fully realize amidst the strengthening currents of development and the interests of the authorities. Therefore, the use and ownership of land in urban areas, especially state land in Surakarta, require explicit regulation through legal means. Keywords: The Land Disputes, Pawirorejo, Surakarta, New Order

Agrarian Conflicts After the Establishment of the Land Bank Agency in Indonesia

The establishment of the Land Bank in Indonesia may lead to conflicts of interest and the existence of customary land may be forgotten for reasons of land stateisation. The process of acquiring customary land for reasons of stateisation may affect the legal protection of indigenous peoples' rights. This article examines agrarian conflicts after the establishment of the Land Bank Agency and the legal protection of indigenous peoples' land. This research is examined using the normative juridical method with a statutory approach. The results of the study found that the concept of the Land Bank is in contrast to agrarian reform in terms of land acquisition operations, because land can be obtained through the transfer of land ownership by the state which is intended for investment and infrastructure development. The government needs to improve the land sector Job Creation Law and the legal regulations of the Land Bank, the government must revise the rules related to the Land Bank so that this institution can maintain a balance of land utilisation for various interests fairly. The Land Bank should be a representative of the state to protect vulnerable groups of people, one of which is indigenous peoples. Then the community must be pro-active in applying for a Material Test on articles that have negative potential, especially the regulation of land stateisation in the Job Creation Law and the legal rules regarding the Land Bank in an effort to consolidate guarantees and justifications for land rights over indigenous peoples.

The Relevance of Agrarian Reform to the Sustainable Development Goals: Analysis of Community Land Empowerment for Food Sufficiency and Gender Equality through the Fishbone Diagram Method

Abstract: This study aims to examine the state of food sufficiency and gender equality in Purwabakti Village and the relevance of community land empowerment programs in achieving food sufficiency and gender equality. The research follows a qualitative case study approach, collecting data through interviews, observations, and document analysis. Data were analyzed qualitatively using the fishbone diagram method, focusing on four primary variables: human resources, machinery, methods, and materials. Data on malnutrition and stunting indicate that issues of food vulnerability compromise food sufficiency in Purwabakti Village. Furthermore, gender equality remains a challenge within this predominantly patriarchal society. Women tend to fulfill traditional gender roles with domestic responsibilities, while men assume public roles. This patriarchal rural society generally accepts the predominant land ownership by men (as heads of households), reflecting gender inequality. The fishbone diagram analysis indicates that, despite some progress, community land empowerment programs still exhibit limitations in addressing the SDGs, particularly the goals of “zero hunger” and gender equality. Keywords: Access regulation, Rural Communities, Gender inequality, Patriarchal Culture, Woman Empowerment

Electronic Certificates in Indonesia: Enhancing Legal Certainty or Introducing New Challenges?

The Indonesian government is moving towards digital transformation in land administration by introducing electronic certificates (e-certificates) through the Regulation of the Minister of ATR/BPN Number 1 of 2021. This initiative aims to improve the security and legal certainty of land ownership, building upon existing programs like the Complete Systematic Land Registration Program (PTSL). This study used a normative legal research method to investigate the opportunities and challenges associated with implementing e-certificates in Indonesia. Primary legal sources, such as the Electronic Information and Transactions Law (UU ITE) and relevant ministerial regulations, were analyzed. Secondary data from legal journals, academic publications, and theses were also examined. The study revealed that e-certificates offer several advantages, such as increased efficiency in land administration, potential integration with blockchain technology, and improved land mapping and survey processes. However, challenges remain, including cybersecurity risks, limited technological infrastructure, and the digital literacy gap. Furthermore, the legal status of e-certificates as evidence in court, while recognized by the Ministry of ATR/BPN and UU ITE, requires further clarification within the Indonesian legal framework. This study concludes that e-certificates hold the potential to modernize land administration and enhance legal certainty in Indonesia, but successful implementation requires addressing critical challenges and ensuring comprehensive legal and regulatory clarity.

Pitfalls of PTOs in land ownership and control: Rethinking access for rural development in South Africa

Permission to Occupy (PTOs) was viewed by the apartheid regime as an important mechanism for addressing inequalities in South Africa (SA). The African National Congress (ANC) government has ruled over SA for the past 30 years but has been unsuccessful in dealing with the country’s racialised land inequalities. The land reforms introduced by the ANC government have not addressed the challenges of land in the country in a timely manner. Thus, tackling the issue of land inequalities remains crucial. A desktop review was conducted to critically examine the pitfalls of PTOs in the context of rural development and advocates for a re-evaluation of access mechanisms to promote more equitable and sustainable land tenure systems. The results show that these pitfalls perpetuate socio-economic inequalities, hinder investment in land improvements, and contribute to conflicts over land resources. In response, the article proposes alternative approaches to enhance access to land for rural development, such as community-driven land governance mechanisms, participatory land-use planning, and the recognition of customary land tenure systems. These alternative strategies prioritise rural local empowerment, strengthen tenure security, and foster inclusive decision-making processes.

Messy natures: The political aesthetics of nature recovery

Abstract Current aspirations for nature recovery to address biodiversity loss and climate change will involve changing what landscapes look like, which can create challenging aesthetic experiences for members of the public. In this study, we interrogate the role of aesthetics in shaping visions of nature recovery, focussing on the construction and contestation of ‘mess’ and ‘messiness’ in nature recovery. We examine the political aesthetics of messy natures using a qualitative approach investigating visual and text materials across different sites of production in Britain, from newspapers to social media, paying particular attention to visual materials Our results show how the mediated debate around ‘rewilding’ urban environments and a beaver‐themed garden winning a horticultural show are examples of a backlash against untidy environments through a politicised discourse, linking messy nature with left‐wing ideologies, in contrast to the perceived orderliness and conservative ideals of good citizenship associated with tidiness. In contrast, social media imagery of messy and wild gardens demonstrates how mess is consciously framed aesthetically as a desirable ‘look’ for restored nature, symbolising progressive and environmentalist ideals of good citizenship through activities such as nature‐friendly gardening and initiatives such as ‘No Mow May’, which celebrate the aesthetic of a more biodiverse messiness. And finally, we traced how environmental advocacy organisations are prefiguring the future of nature recovery in Britain through commissioned graphical representations that portray a ‘tamed messiness’ and the return of charismatic megafauna. Although these aesthetics may challenge prevailing pastoral aesthetics, they normalise continued inequality in the form of concentrated land ownership, especially in the Scottish Highlands. Policy implications. Our analysis shows that aesthetics play an important role in shaping views of what is ‘natural’, ‘normal’ and ‘good’ and therefore desirable in what a future (recovered) nature looks like. We suggest that nature recovery initiatives take aesthetics seriously, by interrogating how idealisations of ‘how nature should look’ may influence decision‐making alongside ecological and other considerations. Taking aesthetics seriously also opens avenues for engaging with social and environmental justice, where alternative aesthetics can help in imagining more socially and environmentally just futures. Read the free Plain Language Summary for this article on the Journal blog.

PARADIGM DEVELOPMENT OF LAND RELATIONS AND HIGH-TECHNOLOGICAL LAND USE

The study substantiates that land resources are a strategic resource, the socio-economic development of society depends on the rationality and efficiency of their use. The economic content of the concept of «land relations» is generalized and it is revealed that they are a component of social relations, arise in the process of interaction of society with natural resources and regulate the norms of behavior of business entities of the agricultural sector of the economy within the framework of land legislation. The basis of land relations is the category of land ownership, therefore changes and development of organizational and legal forms of land ownership are perhaps the most important condition. It is worth noting that land relations in agriculture are part of production relations and can be both stimulating and restraining factors for the rational use of agricultural land and high-tech land use. It was found that land legislation in Ukraine remains fragmentary and often inconsistent between all regulatory acts, and changes to individual regulations and legal mechanisms cause risks for investors and landowners, which creates legal uncertainty and complicates the implementation of the efficiency of land resources use. High-tech land use is a direction of modern agrarian development aimed at increasing the efficiency of agriculture, preserving natural resources and ensuring food security. Systematizing the problems and directions of development of land relations and high-tech land use, it was highlighted that the main priority remains the implementation of the social function of land ownership and land use, which ensures the most efficient land use of land plots for their intended purpose. Thus, the main guidelines of land policy are the stability and effectiveness of the functioning of the system of land relations and agricultural land use, aimed at ensuring the country's food security and increasing the well-being of the population. The development of land relations and high-tech land use should be based on maximum consideration of natural, economic and social conditions and environmental requirements for preserving the environment, protecting land resources and restoring their fertility, increasing the productivity of the land fund, as well as limiting the negative impact of economic activity on flora and fauna, etc.

Exploring Socio-Cultural Barriers to Gogo Women’s Land Ownership in Tanzania

Exploring Socio-Cultural Barriers to Gogo Women’s Land Ownership in Tanzania

Clash of Titans: Exploring the Contested Issues between Chiefs and Local Government Authorities in New Juaben, Ghana

Though post-colonial governments vowed to ban chiefs, they reconstructed governance systems to accommodate traditional governance structures due to the primacy of the institution. Chiefs and local government authorities have instrumental roles to play in community development. However, the relationship between them is characterised by tensions and conflicts. The hostilities between the two stakeholders and by extension officials of modern government are due to the role chiefs played in the indirect rule system. Chiefs prior to independence were labelled as collaborators of the imperial regime and obstacles to independence. In Ghana, agitations from the educated elites about allegations of corruption against Native Authorities characterised the pre-independence era. Chiefs have been debarred from local governance, creating a tempestuous relationship between the two stakeholders at the grassroots. However, the contested issues have not been given the needed attention. The article examined the contested issues between chiefs and local government authorities in New Juaben, Ghana. The study involved 25 participants selected through simple random and purposive sampling techniques. The contested issues between the two actors were over power and economic resources. Economically, chiefs contested for portions of the District Assembly Common Fund and land ownership. The desire for consultation in the nomination of government appointees, and election of MMDCEs were the politically contested issues. The article recommends the institutional representation of chiefs in the Assembly and the allocation of funds to chiefs to curtail the conflict between the two actors of community development.

Toward tenure security: The relationship between women's land ownership, formal land title documents and their empowerment

Respect for land rights for women, as a key strategy to promote their development and empowerment as well as improving their welfare, has been considered in today's societies. However, there have been few empirical studies to back up this statement. Therefore, the primary goal of this research was to find out whether or not women may increase their authority through economic tenure security, legal tenure security, household characteristic, or de facto tenure security. In this regard, the survey data collected in 2021 from 28 villages of Mazandaran province (Northern Iran) were analyzed. The study highlights the significance of de facto tenure security as the most crucial among the four qualities assessed. It's important to note, however, that possessing land titles doesn't necessarily guarantee de facto tenure security. Despite this distinction, the study reveals a meaningful correlation, suggesting that women with land titles are more likely to experience higher levels of empowerment. Official certification, resolution of tenure disputes, increased agricultural income, and the impact of regional urbanization all play an important role in empowering rural women, which usually results in better economic outcomes for them. According to the results, it is evident that the legal registration of women's land ownership correlates with enhanced women's empowerment within rural communities. Land ownership provides women with the means to generate income, make independent choices, and actively participate in various aspects of social and economic life. The findings of this study underscore potential shortcomings in gender neutrality within land interventions, emphasizing the necessity for incorporating gender considerations into research and land-use planning. The practitioners and policy-makers may utilize the study's findings to invest in programs that include components of land tenure security and increase women's economic empowerment.

Solidarity Economy as a Propositive Bias to Overcome Sexual Disparity in the Countryside: an Analysis Between Gender and Succession of Rural Property in Rio Grande do Norte

Objective: The objective of this study is to perform a Pearson correlation analysis between the variables “gender” and “succession”, and the non-parametric Kruscal-Wallis test, to answer which gender predominates in the succession process in family farming families in Rio Grande do Norte. Theoretical Framework: Solidarity economy is an international phenomenon with strong potential for change in population contexts, for the reinsertion and participation of workers in the means of production, bringing, in addition to the rational aspect of the economy, crucial issues to be debated in the status quo, such as fairer income distribution and the reduction of social and gender asymmetries. Method: The study included 137 family farmers from the state of Rio Grande do Norte, with more than 2 years of work experience, who answered the questionnaire with assertions organized on a Likert scale. Statistical analyses were performed using Pearson’s correlation test and the Kruskal-Wallis test. Results and Discussion: Data indicate that the male gender is predominant in the succession process in family farming in Rio Grande do Norte, with men as the main representatives in the relationship between land ownership and gender. Research Implications: This study contributes to the discussion on the importance of solidarity-based self-management models in the historical reparation of gender inequality in the world of work. Originality/Value: The research elucidates answers about the succession process in family farming from a gender perspective, helping to resolve the questions that this topic has raised.

Agricultural Absentee Land Ownership Rules: Problem or Solution for Farmers on Food Resilience Program?

Abstract: Food resilience is a critical aspect of national sustainability programs. with large and diverse population, Indonesia needs to prioritize food resilience as a primary focus of government programs. Empowering Indonesia's predominantly farming population is one way to achieve food resilience. In this regard, the government can utilize absentee land to achieve food resilience goals and improve the welfare of farmers. However, regulations restricting land ownership to civil servants under Article 3 of Government Regulation No. 224 of 1961 hinder the utilization of absentee land. These regulations pose a significant obstacle to farmers who seek to engage in or expand agricultural endeavors. The conflicts arising from these regulations constitute the most substantial barrier to farmers' efforts to realize food resilience programs in Indonesia. This research uses a normative legal research method, focusing on the absent land through statutory and case approaches. The results of this research suggest that absentee land regulations are no longer relevant given the current state of affairs, as they impede the maximization of food resilience, particularly for farmers in the agricultural sector. Keywords: Absentee Land, Farm Land, Food Resilience

Research on the Effectiveness of China's Rural Land Ownership Policy

The confirmation of rural land rights and the "separation of three rights" have opened the prelude to the deepening reform of China's agricultural land system, and are of great significance to the implementation of rural revitalization and agricultural security strategy in the new era. Based on existing literature studies, this paper summarizes and analyzes the effect of land ownership confirmation on farmers' income, land circulation, scale management, urbanization, rural governance and other aspects of China's rural land ownership confirmation. The research shows that land ownership confirmation can improve farmers' income, promote land circulation and scale management to a certain extent, but the effect is limited. The impact on urbanization and rural governance is still unclear.

Adaptation to climate variability and household welfare outcomes in Uganda

Over the last one decade, most of the empirical studies on climate variability have largely concentrated on assessing the effect of climate variability on agriculture. Little attention has been given to the analysis of what factors determine the decision to adapt to climate variability and what impact does it has on welfare of the adapting households. This paper therefore, assesses the determinants of adaptation to climate variability and how it influences welfare of the farming households in Uganda. To achieve this, the study utilizes six waves of Uganda National Panel survey collected by Uganda Bureau of Statistics spanning over a period of 10 years from 2009 to 2019 and the switching regression model for empirical analysis. The findings indicate that adapting to climate variability is beneficial to adaptors as it safeguards welfare deterioration. On the other hand, presence of climate variability, age of the household head, the value of household assets, location, formal land ownership, having main occupation as agriculture and availability of extension services were identified as key determinants of the decision to adapt to climate variability among farming households in Uganda. These findings thus highlight the importance to have measures to improve adaptation process at the same time enhancing household welfare.

Restorative Justice and Agrarian Reform Conflict Resolution

Abstract: The government emasculates agrarian reform. The government no longer interprets agrarian reform as a restructuring of land ownership. Furthermore, the interpretation of agrarian reform now primarily focuses on asset legalization, land redistribution, and social forestry. The issue lies in the emasculation of agrarian reform. Various structural agrarian conflicts remain unresolved after the government's implementation of agrarian reform. Differences in interpretation of agrarian reform trigger the conflict. The government's interpretation is different from the community's interpretation, which considers agrarian reform to be a systematic effort to provide the community with access to land. The author recommends the concept of restorative justice as an effort to resolve this problem. The government should use restorative justice instead of the militaristic approach to resolve the problem. This article employs an empirical legal research method, combining a sociological perspective and a case study approach. This article contains several important findings, one of which is that asset legalization is not an agrarian reform. Asset legalization fails to address the issue of land ownership inequality. The government's implementation of land redistribution fails to address the issue of land ownership inequality. The government's version of land redistribution not only fails to resolve the issue of land ownership inequality, but also seizes land from marginalized communities. The same goes for social forestry. Social forestry leaves behind unresolved agrarian and environmental conflicts. Differences in interpreting agrarian reform actually cause all these problems. Therefore, we can use restorative justice as an alternative to solving the problem. As a problem-solving model involving victims and suspects, this resolution model seeks peace between the two parties. The hope is that there will be no more bloody agrarian conflicts, especially related to agrarian reform in Indonesia. Keywords: Agrarian Conflict, Agrarian Reform, Restorative Justice

The Distribution of Land in Luxembourg (1766–1872): Family-Level Wealth Persistence in the Midst of Institutional Change

The paper analyzes family-level wealth inequality and social mobility in Dudelange (Luxembourg) over five generations between 1766 and 1872, a period that saw the end of feudal social relations. While the integration of Luxembourg into the French revolutionary regime produced a reduction in the Gini coefficient for the ownership of land, the social mobility analysis reveals a relative stability of family positions within the land-wealth distribution throughout the period. This shows that family-level transmission mechanisms limit social mobility and strongly advantage those with ancestors owning property wealth, even when there are significant changes in the organization of property relations.

Implementation of Access Arrangements for Agrarian Reform: A Case Study in the Kampung Tua of Tanjung Riau, Batam City

Abstract: Access arrangement is one of the agrarian reform programs that continues from asset arrangement. Access arrangements aim to provide assistance in capital provision, training, and marketing strategies to communities facing obstacles in their companies. In 2022, Kampung Tua Tanjung Riau served as the location for access arrangements; data collection yielded various types of Micro-Medium Small Businesses (MSMEs), also known as agrarian reform access objects. This study aims to find out how agrarian reform access is put into action in Kampung Tua Tanjung Riau. It will do this by using a qualitative approach and collecting data from the ground about the types of businesses that agrarian reform access participants run, the status of their businesses, the status of their certificates (mortgaged or not mortgaged), and how successful their businesses are by looking at how they've grown since being given more power and by mortgaging their land ownership certificates for extra business capital. There was an increase in the number of participants who pledged certification from 40 in 2022 to 53 in 2023. However, some of the participating businesses have not experienced significant development. The constraints in the implementation of the agrarian reform access arrangement in Kampung Tua Tanjung Riau are the lack of community understanding of the program, where not all participants are registered for empowerment training, and the abundance of similar businesses that are not balanced with existing market demands, resulting in competition among MSME players. Keywords: Agrarian Reform, Access Arrangement, Community Empowerment

Empowerment and gender norms among Yoruba women and men cassava producers

Yoruba women have gained a reputation as empowered traders, but their empowerment in agriculture has received less attention. This study examines the empowerment of Yoruba men and women cassava producers in Nigeria's Southwest geopolitical zone. It combines data from an Abbreviated Women Empowerment in Agriculture Index (A-WEAI) survey with results from focus group discussions and key informant interviews. An additional focus is on how norms that foster balanced household gender relations interact with those that produce inequalities. Yoruba men farmers appeared more empowered than their wives in all the domains measured by the A-WEAI in spite of women's high involvement in processing and trade. The fact that the same domains contributed most to men and women's disempowerment points to structural issues that affect men and women unevenly. The study finds signs of emerging shifts in gender norms: women demanded to be acknowledged as farmers and indicated first moves into land ownership. However, the most asymmetric effect of normative constraints experienced by women as a result of unpaid labor, alongside their own income-generating activities tend to neutralize these gains. Hence, the embeddedness of pockets of potentially symmetric institutions in a larger asymmetric patriarchal system of imbalanced resource access and agency does not produce equitable outcomes. Future research should address men's and women's participation in cassava trade and production and their benefits from it more holistically.

Are Prevailing Policy Tools Effective in Conserving Ecosystem Services Under Individual Private Tenure? Challenges and Policy Gaps in a Rapidly Urbanizing Region

Forestlands worldwide provide vital ecosystem services (ES) essential for human well-being yet are facing rising threats from land-use/land-cover change. Land ownership patterns and property rights significantly influence land management practices and the protection of ES. Family forest owners (FFOs) are the targets of numerous conservation policies and programs, many of which are built around economic incentives and market-based instruments. This study combines a mail-administered survey with land use-land cover change modeling results to better understand whether FFOs plan to convert their properties, what motivates FFOs to adopt prevailing policies, and what other conservation policy models might be attractive. Our research focuses on FFOs whose parcels are identified as having high conservation values in a rapidly urbanizing watershed. Survey results show strong motivations among FFOs to protect biodiversity, wildlife habitat, and ES while expressing concerns about property taxes, regulations, and land-use threats. Our analysis indicates a relationship between anticipated land transfers or residential development and predicting factors including parcel size, government regulations, and tax concerns. Results reveal a gap between the design of existing conservation programs and FFOs’ interest in adoption. Limited interest in conservation easements and carbon markets underscores the need for more flexible conservation tools aligned with landowner preferences. Moreover, FFOs’ considerable awareness of existing conservation programs, alongside ongoing forest loss in the study region, underscores enrollment obstacles such as minimum-size eligibility requirements, thereby highlighting inadequacy of current frameworks in incentivizing long-term conservation outcomes. The findings from the studied watershed may have broader relevance for regions with similar land ownership patterns, land use dynamics, and political contexts worldwide.

Optimizing Systematic Land Registration (PTSL) to Enhance Legal Certainty of Land Ownership Rights: Collaboration with Religious Value in Indonesia

Research Problem: Land disputes between the public and various stakeholders frequently arise in Indonesia, often due to limited public trust in the Complete Systematic Land Registration Program (PTSL). This distrust results in low participation in PTSL, affecting land security and legal ownership. Research purposes: This study aims to analyze how religious institutions and values can help optimize PTSL to provide stronger legal guarantees for land ownership while supporting the legal protection of land rights within the community. Research methods: A qualitative approach with descriptive-analytical methods was applied to explore the relationship between PTSL implementation, public trust, and religious influence on land registration. Results and Discussion: The findings indicate that the implementation of PTSL has been effective in promoting land certification, which strengthens legal protection in compliance with existing laws. Moreover, the involvement of religious institutions has been shown to foster public trust by aligning PTSL with community values rooted in faith, making the program more widely accepted. Research Implications and Contributions: The research highlights the importance of religious institutions in enhancing public trust in government programs like PTSL. By integrating community beliefs into the implementation of PTSL, the program not only functions as a mechanism for legal protection but also aligns with ethical and religious principles. This study provides a conceptual foundation for the government to incorporate religious and community values into policy implementation, ultimately enhancing legal certainty and protection of land rights.