Land Registration Research Articles

Land Registration using Blockchain Technology.

Land registration authorities face frequently criticism for the alleged mismanagement or manipulation the land records across various nations. Pakistan, out particular, grapples with the heightened susceptibility the falsification and corruption its property records due to economic challenges. This vulnerability results of conflicting claims of authority over specific parcels of land. consolidation of the data further exacerbates this susceptibility to the security threats. A land administration system (LAS) is the structured framework designed to the govern of management of land resources in a specific region or country. However, LAS faces challenges like the inefficiencies, of a lack of transparency, and the susceptibility to fraud. Digitization of land records improved efficiency but failed to address manipulation, centralized databases, and the double-spending issues. Traditional lease and mortgage management systems also suffer from complexity, errors, and a lack of real-time validation. At present, a significant influx of land transactions produces substantial data, classifiable as big data due to the constant minute-to the-minute occurrences like the land transfers, acquisitions, document verification, and leasing/mortgaging transactions. In that context, we present the Blockchain-driven system that not only tackles alteration and double-spending issues in atraditional systems but also a implements distributed data and management. Current state-of-the-art solutions do not fully incorporate crucial features of the Blockchain, such as transparency, prevention of double-spending, auditability, immutability, and user and their participation. To the tackle this problem, this the research introduces a comprehensive Blockchain-powered framework for the lease and the mortgage management, addressing transparency, user and their involvement, and the double-spending the prevention. Unlike existing solutions, ourused framework integrates the key Blockchain characteristics for the holistic approach. Through their practical use cases and involving property owners, banks, and financial institutions, they establish a secure, distributed, transparent method for the property financing

TINJAUAN YURIDIS PEMECAHAN TANAH LEBIH DARI LIMA BIDANG UNTUK HAK MILIK PERORANGAN

The emergence of a regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency on the prohibition of land division of more than five parcels for individual property rights is a way to overcome the rampant housing or disguised lots that have sprung up so far. The regulation is stipulated in Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021 concerning the Third Amendment to Regulation of the Minister of Agrarian Affairs or Head of the National Land Agency Number 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. The purpose of this writing is to find out how the juridical review of land splitting of more than five parcels for individual property rights and what the legal consequences are for individuals who split more than five parcels of land. This research uses normative juridical approach with legislation. The result of this research is that the ownership of property rights to individual land or the division of individual land parcels is not allowed to exceed five parcels except if the base of the right comes from the transfer of inheritance rights or the base of the right with the building rights certificate. Apart from that, the division of more than five parcels must also be balanced with permits from the authorized agency, and usually with the base of the Building Rights Title, but in the current era there are still many Individual Property Rights whose ownership exceeds five parcels. However, with the emergence of the Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021, the regulation is more strictly applied in practice. Keywords: Land Division of More than Five Parcels, Agrarian.

Penyelesaian Sengketa Sertifikat Ganda Kepemilikan Hak Atas Tanah

This writing aims to the Concept of Settlement of Land Rights and also to find out how the Settlement Procedure for Proving Land Rights that Occurs Due to Double Certificates. The research method used to study this research problem is normative law research. Normative research is the process of finding legal rules, legal principles, and doctrines to answer legal questions. The term independent and independent variables are still foreign in normative research because normative research does not have to start with a hypothesis. This study is a normative legal research in which researchers conduct analysis to resolve disputes over ownership of double certificated land. The conclusion of this writing is that there are several ways for the Concept of Land Rights Ownership, including: (1) Laws and Regulations on Land Ownership and Registration, (2) Land Registration Reasons, and the (3) Land Rights Status. In this writing, there is also a Procedure for Solving the Proof of Land Rights that Occurs Due to Double Certificates, the process of which is divided into several settlement theories, namely there is a Free Proof Theory and a Bound Proof Theory.

Difficulties in land regulation in Greater Lomé and Atakpamé. Contexts and explanatory factors

In Togo and particularly in greater Lomé and Atakpamé, we see that the State has difficulty regulating or controlling land. The objective of this article is to examine the factors that make land regulation difficult in Togo in general and in greater Lomé and Atakpamé in particular. To achieve this, the research used quantitative and qualitative approaches based respectively on questionnaire administration and individual interview techniques. For the quantitative survey, 208 landowners were interviewed in greater Lomé compared to 122 in Atakpamé. Concerning the qualitative approach, 24 resource people were interviewed in greater Lomé compared to 21 in Atakpamé. The results of the investigations showed that the non-registration of plots purchased in the cadastral service, the absence of land mapping, unconventional subdivisions, land speculation and the purchase of family land constitute factors which make regulation and management difficult. land security. To compensate for illegal urban practices and sustainably control land, it is necessary, in addition to existing measures, to adopt an inclusive and participatory approach which would bring populations, local elected officials and the state into a chain of collaboration.

Can toll prices changes affect the housing market? The case of the Severn crossing toll removal

PurposeSince 1966, the Severn crossing has been connecting England and Wales. In January 2018, its ownership returned to the UK Government, and this marked the start of a toll-free journey across the two countries and made commuting between the regions more affordable. In this paper, we examine the impact of the toll removal on the property market.Design/methodology/approachWe employ property-level data from the Land Registry and a difference-in-differences (DiD) empirical model for the periods 2016–2018 and 2019–2021 to capture the pre- and post-toll removal dynamics. The DiD estimation allows us to examine the causal relationship between policy changes and property prices.FindingsOur findings suggest that property prices in Newport and Monmouthshire (South East Wales) are positively affected by the policy, which results in a statistically significant increase of 5.8% more than those located in the South West England (Bristol and South Gloucestershire) region in the period 2019–2021. The impact can reach up to 13.1% for properties located in a 10 km radius of the bridge. The results indicate that the toll removal enables the ripple effect across the two markets by reducing commuting costs.Originality/valueThis is the first paper that examines the Severn Crossing case study. Its contribution is significant since we provide empirical evidence on how reduced transportation costs increase property prices in the lowest income region and have the opposite effect on the area with higher incomes and economic activity levels.

Changes in Forest Cover of Municipalities in Poland in 1990–2018

The study is part of the trend of searching for research methods to demonstrate changes in forest cover at the level of basic units of public administration with greater precision and accuracy. The purpose of the article is to present, for the first time, changes in forest cover of municipalities in Poland from 1990 to 2018 using CORINE Land Cover (CLC) data. The contributions of this study are threefold. Firstly, using GIS and CLC data (3.1. Forests), multivariate analyses of forest cover changes were carried out for 2481 municipalities for the CLC data collection years (1990, 2000, 2006, 2012, 2018), which showed the temporal and spatial dynamics of changes, with a predominance of deforestation in 1990–2000 and 2012–2018, and afforestation in 2000–2006 and 2006–2012. Secondly, the formal, legal and financial rationale for these changes was indicated. The increase in afforestation was a result of financial incentives under the National Program for Increasing Forest Cover and the EU’s Common Agricultural Policy (under Rural Development Programs—RDPs). Deforestation was related to a decrease in the supply of land for afforestation, the competitiveness of subsidies implemented under RDPs, and statutory liberalization of logging. Thirdly, the main discrepancies between the data obtained from CLC and from the public data collected by Statistics Poland (GUS) and the State Forests were indicated, which ranged from −32 kha to +310 kha, corresponding to percentage differences of 2.3% and 1.8%, respectively. This was mainly influenced by the differences in the complexity and updating of data collected for state and private forests, as well as delays in introducing changes to the land register by the public administration. This work contributes significantly to our understanding of the dynamics of forest cover changes in relation to the actual degree of forestation and deforestation, and the determinants of forest transformation in Polish municipalities, as well as demonstrating the new applicability of CLC data and their limitations related mainly to the generalization of forest cover area.

Penguatan Literasi Digital Melalui Pelatihan Menggunakan Media Pembelajaran Virtual Reality Bagi Guru SMK

The aim of this activity is to find out the problems of the complete systematic land registration program at the Gorontalo Regency Land Agency and efforts to resolve them. The method used is law with an empirical approach, which presents data according to field facts which are then analyzed descriptively qualitatively. The results of the research show that in land registration through the PTSL program there were problems such as a lawsuit for a certificate from the actual owner, where when the PTSL implementation was completed by the village and land agency and a certificate of ownership was issued to those who applied, it turned out that it was suddenly protested by the community who claimed to be the real owner and this happens especially on land abandoned by the previous owner (abandoned); Low public understanding of land tenure law where not all people understand PTSL procedures, so there is still public distrust in making certificates which are considered complicated and take a long time; There are public perceptions regarding the high cost of obtaining certificates, including concerns that they will be burdened by the increasing tax value; and the lack of human resources, especially skilled personnel in villages and BPN in handling land conflict matters and cases. Efforts to resolve this problem are to maximize socialization to the community regarding the terms and conditions and land registration procedures; clarify the status of the land you wish to certify so that it does not overlap; and re-preparing the land registration quota which is still lacking, meaning there is still land in villages in Gorontalo Regency that cannot be accommodated in the PTSL program, which is adjusted to the existing budget.

Program Pendaftaran Tanah Sistematis Lengkap Di Badan Pertanahan Kabupaten Gorontalo

The aim of this activity is to find out the problems of the complete systematic land registration program at the Gorontalo Regency Land Agency and efforts to resolve them. The method used is law with an empirical approach, which presents data according to field facts which are then analyzed descriptively qualitatively. The results of the research show that in land registration through the PTSL program there were problems such as a lawsuit for a certificate from the actual owner, where when the PTSL implementation was completed by the village and land agency and a certificate of ownership was issued to those who applied, it turned out that it was suddenly protested by the community who claimed to be the real owner and this happens especially on land abandoned by the previous owner (abandoned); Low public understanding of land tenure law where not all people understand PTSL procedures, so there is still public distrust in making certificates which are considered complicated and take a long time; There are public perceptions regarding the high cost of obtaining certificates, including concerns that they will be burdened by the increasing tax value; and the lack of human resources, especially skilled personnel in villages and BPN in handling land conflict matters and cases. Efforts to resolve this problem are to maximize socialization to the community regarding the terms and conditions and land registration procedures; clarify the status of the land you wish to certify so that it does not overlap; and re-preparing the land registration quota which is still lacking, meaning there is still land in villages in Gorontalo Regency that cannot be accommodated in the PTSL program, which is adjusted to the existing budget.

Land Tenure Security and Households’ Food Security Nexus: Implications for an Improving Land Governance in Iringa District, Tanzania

This study was conducted to determine the contribution of the Certificate of Customary Rights of Occupancy (CCRO) to farming households’ food security in the Iringa District Council. Particularly, the study aimed to determine the influence of land tenure security on the food situation of households, the influence of land tenure security on food consumption, and the influence of land tenure security on the source of food for households. The study was guided by the institutional theory and the theory of access, these theories linked the study to the existing body of literature. The study adopted a quasi-experimental research design where villages that received CCRO were considered as the treatment group of the study and those villages without CCRO were categorized as the control group for the study. The study decided to adopt the Propensity Score Matching method for constructing a comparison group. The total sample size for this study was 400 households, with equality divided between the two villages, with and without CCRO. The study used a systematic random sampling approach to select a sample size of 400 households from the targeted population. The study employed a mixed methods approach whereby both qualitative and quantitative data were collected through questionnaires and interviews respectively. The collected data was analyzed using descriptive and inferential statistics using IBM SPSS for quantitative data, while qualitative data was analyzed using a content analysis approach. The study found that those households with CCROs show a high score of food consumption compared to households without CCROs, this indicates that CCROs enhance food security in households. This was supported statistically by regression results and bivariate outcomes that illustrate the significance of CCROs ownership in improving the food situation of households between households having CCROs compared to those that haven’t. Furthermore, the study found that there is a difference in food consumption patterns between households with CCROs and those without CCROs. The study concluded that land tenure security has a great impact on the food security of households in the Iringa district, also, it was concluded that CCRO ownership contributes to improving the food situation of households enhancing their capacity to access diverse food groups. The study recommended that government and local government authorities develop policies and strategies that are tailored and applicable to agriculture development and land ownership to improve land governance structure that allows land registration easy.

Penyelesaian Sengketa Konflik Kepemilikan Tanah dengan Pendekatan Litigasi di Pengadilan Tata Usaha Negara

Land is an important thing in human life. In Indonesia, land is regulated in basic or basic rules, namely the Basic Agrarian Law (UUPA) of 1960. To guarantee ownership rights to land owned by someone, evidence is needed to support this ownership, namely by registering land and certifying it. land. However, of course these things cannot be separated from the existence of land disputes which can arise for various reasons. The aim of this research is to find out the regulations regarding land registration and the purpose of land registration as well as the benefits of land certificates and how to analyze examples of land disputes. . The method used in this article is a juridical-normative approach and uses descriptive-analytical research. The results of the research are that dispute resolution can be carried out by the National Land Agency or through litigation, namely through the State Administrative Court (PTUN). An example of a land dispute resolution submitted through the PTUN is Decree Number: 3/G/2023/PTUN.YK. Land certificate disputes that occur can be resolved through the Administrative Court, guided by applicable regulations. The results obtained after analyzing the case that occurred, in the end the lawsuit that was filed could not be followed up due to administrative and/or legal defects.

Pengaturan Kepemilikan Tanah Berdasarkan Hukum Pertanahan dan Implementasinya

Land has a very important role in the lives of all communities, such as its role as a place to live, plantation businesses, agricultural businesses, mining businesses, and so on. Some of the problems that often occur in Indonesian society are unequal ownership or control of land, land control without permission, problems related to land acquisition for development purposes to which those entitled or authorized. The aim of this research is to in-depth analyze aspects of land law from a legal perspective, using a case study of the Jakarta PTUN decision letter number 145/G/TF/2023/PTUN.JKT as the focus. The main objective is to identify and evaluate the implementation of land regulations in these concrete cases, as well as understand their impact on land law more broadly. This research method uses normative legal analysis methods and case studies. A normative legal analysis approach is used to evaluate the legal framework relevant to land, while the case study refers to the Jakarta PTUN decision letter number 145/g/tf/2023/ptun.jkt as the object of analysis. The data used in this research was obtained through a review of legal documents, such as laws, regulations and related court decisions. The results of the research are based on the analysis of the Jakarta PTUN decision number: 145/g/tf/20023/ptun.jkt, it can be concluded that the panel of judges stated that they rejected the plaintiff's lawsuit, because the plaintiff had misinterpreted the letter as a decision of Tun officials which actually only contained information. of a general nature regarding the blocking application submitted by the plaintiff to the defendant

Criminal Law Reform of The Existence of Article 378 of The Criminal Code in Land Cases

There is the criminalization of handling land disputes in Indonesia, such as in the case of Decision No. 1154/Pid.B/2021/PN. JKT.SE, namely Ir. Burhanuddin, who owns land with justifiable rights in the form of a Certificate of Ownership as a defendant and sentenced to imprisonment for 3 (three years), shows the need for criminal law reform against the existence of article 378 of the Criminal Code. With the normative juridical research method of the statutory approach, the author finds that the Criminal Act of Fraud 378 of the Criminal Code in the perspective of the Indonesian Criminal Law is connected with land regulations, explaining that Fraud, according to article 378 of the Criminal Code anyone who uses fraud or a series of lies to make someone give something, blame him, or cancel a debt but according to the legal principle lexes specialist systematic derogate lex generalis. While juridically, both the Civil Code and the Basic Agrarian Law do not specifically regulate if there is an error fraud in the sale and purchase of land rights, the sanction given by law is to cancel the sale and purchase deed with a claim for compensation because fraud in the deed of sale and purchase of land rights is not a criminal/criminal act that should be threatened with criminal sanctions but becomes Depenalization. The legal considerations in Decision No. 1154/Pid.B/2021/PN. JKT. SEL, reviewed in the renewal of the Indonesian Criminal Law, that the elements of fraud in the Criminal Code, namely objective and subjective elements of a person, can only be considered to have committed a criminal act of fraud as mentioned in Article 378 of the Criminal Code if all aspects are met. In this case, the perpetrator can only be sentenced according to his actions. Article 378 of the Criminal Code stipulates that someone who commits fraud must deceive the victim in a certain way, but in this case, the Civil Code and the Basic Agrarian Law does not explicitly regulate if there is an error.

Правовые способы обеспечения прав недропользователей на землю: проблемы современной практики

The article analyses the regulation of the rights of subsoil users to use land plots, identifies problems arising from the seizure of land for the use of subsoil, and considers the prospects for improving legislation designed to ensure the subsoil user’s access to the corresponding land plot. It is noted that in practice there are unresolved issues related to the registration of land by subsoil users, compliance with the guarantees of the rights of other persons when granting or withdrawing land plots for state or municipal needs, in territorial planning. It is proposed to clarify the content of the rights of management bodies in the studied area, including in the implementation of territorial planning, taking into account the proposed subsoil use.

Time and title deeds in post-reform agrarian Kenya

AbstractThe ‘title deed fix’ – resurgent globally since the 1990s – is part of a wave of market-led agrarian reforms whose outcomes have been mixed. Kenya was the first African country to experiment – starting six decades ago and continuing today – with state-mandated formal land registration and private titling. Today it is among a handful to begin a transition to a digitized land registry. Behind both paper and electronic land documents, however, is a persistent temporal fiction that undergirds state-backed title registries – namely, a constructed present that is out of sync with intersecting biographical and structural temporalities, and that can efface socially recognized pasts, commitments or testimonials. We analyse some consequences of those temporal dissonances, unstable rights durations, and an ensuing limbo that can last decades, through family land stories shared with us during long-term ethnographic research in Kenya’s fertile central highlands. Especially vulnerable to temporal erasure and dispossession when title deed limbo spans decades are divorced or single women and their children, particularly as farmland and non-agricultural employment become more scarce and land markets overheat. Multitemporal family narratives powerfully illustrate why title deeds of any age are best taken as provisional truths rather than legal certainties, and why tenure security is an unstable and reversible process rather than a present or absent condition.

Implementasi Kebijakan Program Strategis Nasional pada PT. Waskita Karya

This research examines the implementation of PT's National Strategic Program. Waskita Karya specializes in the construction of the Depok-Antasari toll road. The purpose of this research is to find out and analyze how PT. Waskita Karya as the implementing agency for the construction of the Depok-Antasari toll road implements the policy, knows and analyzes the supporting and inhibiting factors for implementing the policy, as well as the efforts made to overcome the factors inhibiting implementation. This research was designed using 4 indicator dimensions, namely: communication, resources, disposition and bureaucratic structure. The method used is qualitative-descriptive which produces descriptive data in the form of speech or writing and behavior that can be observed from people or subjects. The techniques used to collect data are: observation, interviews, documents and audio-visual material by testing the validity of the data through the triangulation method based on sources, methods and theories. The informants in this research are: Secretary to the Minister of State-Owned Enterprises, Independent Commissioner of PT. Waskita Karya, Operational Director of PT. Waskita Karya, as well as Nur Afni and Novis Radhyan as community users of the Depok-Antasari toll road. Based on the results of this research, it can be concluded that the obstacle to implementing the National Strategic Program policy in the construction of the Depok-Antasari toll road is land acquisition, which apart from consuming a lot of budget, also wastes time. The problem of land acquisition specifically occurs because there is a lot of overlapping land ownership in the community, so they have to wait for a court decision to determine who actually owns the land rights. Researchers suggest that time space needs to be given to the Land Registration Agency (BPN) to disseminate information to the public about land ownership simultaneously so as not to waste time in implementing policies.

Analisis Kinerja PPAIW dalam Penegakan Hukum Wakaf Tanah di Indonesia

PPAIW has the main task of providing waqf administration and serving the needs of prospective wakif who will donate their assets by following per under the provisions of the legislation. The purpose of the PPAIW is so that the community gets authentic evidence that waqf has occurred. The existence of PPAIW makes waqf law change from a law that lives in the community to a written law that must be recorded by the state. However, that reality shows that PPAIW's performance in enforcing waqf law has not met the standards. The purpose of this study is to analyze the performance of PPAIW in enforcing the waqf law and formulate efforts that can be made in enforcing the waqf law. This research uses the empirical juridical method with qualitative analysis. PPAIW's performance in enforcing waqf law in Indonesia has not been by following per under good work indicators, because there are several legal problems in carrying out their obligations, so their performance is not up to standard. Efforts must be made to enforce waqf law, namely; increase PPAIW resources; realize a corruption-free government, and KKN; provide good service (good governance); guard nadzir in the land registration process; provide a decree for the appointment of nadzir; empowering nadzir and the community; mastering dispute resolution mechanisms and advocating for the community; comfortable office atmosphere and support PPAIW performance.

The Urgency of Land Registration for Land Assets of Malang City Government

Land in Malang City which is a land asset of the Malang City Government has not been registered which has resulted in some land being controlled by other parties without the knowledge of the Malang City Government. knowing the urgency of land certificate ownership of Malang City land assets and will not lose regional assets which when used by Third Parties will be a source of Regional Original Revenue. The problem to be researched is what are the legal consequences. The type of research used in this study is empirical juridical research with a sociological juridical approach. The Malang City Government is important to register its land as a city land asset, either with the right of use or the right of management. Land certificates that are already owned by the Malang City Government are able to provide legal certainty and legal protection to the Government and can increase the Regional Original Revenue of Malang City.

Mapping the Bounds for Integration of Blockchain Titles in a Torrens System

As land becomes increasingly expensive in Australia fewer people can afford it, with consequences for wealth distribution and housing. Real estate, in particular the family home, has formed a foundation for Australians’ wealth over many decades, but the possibility of home ownership has been deteriorating in recent years. Alternative proposals for property investment include issuing fractions of land title on blockchain with parallel registration in the land registry. While such proposals are technically feasible, they are silent as to the means of integrating the blockchain ledger with the land administration system. As the land administration system comprises multiple statutory processes, this article uses the Queensland system as a case study, to analyse the relevant statutes in terms of the integration of a fractionalised blockchain titles system. The aim is to identify the law reform necessary to achieve a high level of integration of fractionalised land titles on a blockchain, within an existing land administration system — without detracting from the policy goals of that system.

Analisis Kebijakan Pendaftaran Tanah Sistematis Lengkap dan Implikasinya terhadap Pembangunan Berkelanjutan di Kota Baubau

This study aims to examine the Complete Systematic Land Registration (CSLR) policy in Baubau City and its impact on sustainable development. This study used qualitative methods by using interviews, document analysis, and field observations to collect data. A sample of respondents consisting of government officials, community members, and community leaders was selected by purposive sampling. Based on the analysis conducted, this study concludes that the successful implementation of CSLR policies in Baubau City has significant implications for sustainable development, including inclusive economic growth, social stability, and increased community participation in the regional development process. Understanding the dynamics of this policy can assist the government and stakeholders in implementing appropriate measures to ensure its sustainable benefits to the people and environment in the city. This research makes a significant contribution to the field of public policy and sustainable development by increasing understanding of policy effectiveness approaches in the context of land registration policies at the local level. This research also provides insight into the factors that influence the successful implementation of CSLR policies. However, this study on CSLR policy and sustainable development in Baubau City has some limitations. The study focuses only on policy aspects without considering the perspectives of local communities, who have unique knowledge and experience and can provide valuable insights into policy implications. Therefore, future research needs to expand the scope of analysis to include policy results, implementation processes, and constraints faced by policy implementers and the public.

Constrained growth: Does land supply restriction affect manufacturing firm output?

This paper investigates how land supply restriction affects firms' output. Previous literature has extensively examined the effect of land regulations, while neglecting the impact on firms' output. Using data from China's Annual Surveys of Industrial Firms during 1998–2013, we examine the effects on the output of manufacturing firms and explore the underlying mechanisms. Results suggest that land supply restriction reduces the output of manufacturing firms. The mechanism analysis reveals that it increases land prices, which raises firms' financial costs, inhibits their investments, and ultimately leads to a decline in output. The negative effect is more pronounced for non-SOEs that face stricter land constraints. It is also stronger in cities with higher market-oriented land transaction ratio, where land prices are more responsive to land quantity restrictions. Our empirical findings have significant policy implications for the regulations of land supply quantity.