Land Dispute Resolution Research Articles

THE CORRELATION BETWEEN LAND AND SUBSOIL USE WHEN USING UNDERGROUND SPACE

There is a strong bonding of categories when we are to consider problems connected with land. The constant development of social relations brings the necessity to notice what is vital for the legislation to follow those changes. In that order, there is unambiguity in resolving land disputes, particularly about subsoil use. The spatial use of land rights raises a question of clear legislative criteria for their application. For us, it refers to the consideration of the "upper" and "lower" limits of rights distribution. Accordingly, this article investigates the rules of legislation for land and subsoil use. The object of the study is legal problems arising from social relations regarding land and subsoil use. As for the methodology, the following methods were used: analysis, synthesis, deduction, induction, abstraction, generalization, historical and legal methods, formal-legal (dogmatic) method, comparative-legal and sociological-legal methods, legal modeling, and critical-legal method. It has been concluded that domestic legal doctrine includes two approaches to the distribution of owner's rights for the underground space. Additionally, there is a problem of legal demarcation between land and subsoil use. As a result of the study, we offer some ways to solve this issue.

The Essence and Methods of Resolving Land Disputes

It is proposed to consider land disputes as a special type of legal relationship, which is based on differences of subjects manifested in the emergence, implementation, change or termination of land rights, their protection in connection with the violation of rights and legitimate interests (or their recognition) of owners or users of land plots, including tenants and other subjects of land legal relations. It is established that the process of improving the existing mechanisms for resolving land disputes is ongoing, so it should take place through a system of legal, organizational and economic measures. Such measures must be taken by authorized subjects of land relations in the application of procedures for the protection of land rights and ensuring the effective use of land under the conditions specified by the legislation of Ukraine. Land disputes are defined as a conflict between the subjects of land relations, which need to be resolved in the manner prescribed by law. Its participants are the subjects of land relations: the state and its authorized bodies, individuals and legal entities, whose legal status is determined by the rules of land and civil law. The classification of land disputes by nature, depending on the grounds (methods) of occurrence, change or termination of the right to use the land plot, depending on the settlement mechanism, according to the level of dispute resolution is proposed. The expediency of improving the procedure for consideration and resolution of land disputes by strengthening the administrative procedure for resolving them is substantiated. Due to the effect of quarantine and deterioration of financial situation, the possibility of a person to go to court to resolve a land dispute is significantly limited. The expediency of developing methodological recommendations for united territorial communities on the mechanisms and procedure for resolving land disputes and methodological recommendations for internally displaced persons on the procedure for protection of land rights is proposed.

The Socioenvironmental Function of Rural Property: Building a New Proposal for the Resolution of Land Disputes in the South of the State Bahia, Brazil

Rich in natural resources, Brazil is a country of continental proportions facing major social problems, many of which linked to the unequal distribution of land. In this regard, much land in Brazil fails to meet the principles of rational and adequate use, in terms of productivity, preservation of the environment, and labor relations. This article outlines the legal framework governing the socioenvironmental function of property in Brazil and examines how the interested parties in land disputes in the south of the State of Bahia have reached a peaceful consensual solution to conflict. Based on this analysis, we present a model that can be applied to similar disputes. We conducted a review of relevant laws and judicial decisions and analyzed documents relating to disputes between the forestry company Veracel Celulose S.A. and family farmer associations between 2009 and 2016. Our findings show that, despite the fact that the normative base of the settlements is effectively grounded in the notion of the social function of property, absolutely no mention of the principle was made by the parties and legal actors during the process or in the agreements: the solution came about as the result of a consensus reached by two interested parties. This could therefore be said to be a case of “judicial redundancy”, whereby the key underlying legal principles relating to the social function of property were fulfilled without resorting to the courts.

Penyelesaian Sengketa Tanah Kehutanan di Kantor Pertanahan Kabupaten Badung

Land is one of the most important parts of the earth's surface, where land is a source of welfare for the community. In the UUPA, the concept of land rights is differentiated into two, namely, first, the right to control of the State as regulated in article 2 which is based on the elaboration of Article 33 of the 1945 Constitution of the Republic of Indonesia. This study aims to determine the process of resolving forestry land disputes at the Land Office of Badung Regency. The research method used is the normative method, namely examining the decision of the head of the BPN RI regional office with the applicable law. The results of the analysis show that based on the Law of the Republic of Indonesia Number 18 of 2003 concerning the prevention and eradication of forest destruction, it is concluded that the causes of the dispute are 6. Based on the Perkab BPN No. 3/2011 there are two land dispute resolution through litigation, namely dispute resolution through court channels, and non-litigation, namely dispute resolution through BPN mediation. Through research, it is hoped that the government can determine the spatial layout of the area so that a single map is created and there are no overlapping policies between the Ministry of Forestry and the Forestry Service

Collaborative customary land governance: Motivations and challenges of forming land management committees (LMCs) in the upper west region of Ghana

Drawing from the literature on customary land governance, this study examined landowners’ motivations as well as challenges in the formation and operation of Land Management Committees (LMCs). Using multiple qualitative data collection approaches, it was found that, motivations for the formation of LMCs include creation of joint efforts to resolve land disputes; desire to benefit from increasing land values; protect the land use rights of settler communities; and operationalize government policy. Inadequate logistics and accommodation owing to limited financial resources, unwillingness of some landowning families to support the LMCs, inadequate skills and difficulty in combining private work with LMC activities, interference in the work of LMCs by land sector agencies were the challenges affecting the operation of the LMCs. The findings suggest that it is significant not just to reconcile private and collective interests in land and forge mutually beneficial relationships in decentralised land governance but also to create mutually supportive incentives for the different stakeholders taking into consideration their unique challenges for collaborative land governance. It is therefore imperative to accommodate the motivations and expectations of the different stakeholders. The LMCs should be recognised as part of the decentralised land governance system and given significant support in their operations.

Практична реалізація публічної дипломатії Королівства Норвегії в країнах Африки, Близького Сходу, Азії, Центральної та Латинської Америки

Стаття присвячена висвітленню питання реалізації публічної дипломатії Королівства Норвегії у країнах Африки, Близького Сходу, Азії, Центральної та Латинської Америки. Даний вид дипломатії здійснює Норвезьке агентство з питань співробітництва у галузі розвитку (NORAD), яке було створене ще у 1968 році як Директорат допомоги розвитку та займається розвитком міжнародного співробітництва Норвегії з іншими акторами міжнародної арени. Публічна дипломатія Норвегії, яку реалізує NORAD, провадиться через інструмент допомоги країнам у питаннях освіти громадян, прав людини та належного управління. Значна увага приділяється захисту довкілля, збереженню лісів і питанням клімату.

The current state of development of legislative bases mediation of land disputes

The article examines the existing drafts of the Law of Ukraine “On Mediation” and defines how to improve them according toresolution of land disputes in the order of mediation.Land disputes can be resolved through a mediation procedure. The current land legislation, in particular the Land Code ofUkraine, does not contain any prohibition on mediation of land disputes. This possibility follows from the dispositive method of legalregulation of land relations – everything is allowed that is not prohibited by law.At the same time, the issue of direct legislative settlement of land dispute mediation still remains open. There are several draftsof the Law of Ukraine «On Mediation» on the website of the Verkhovna Rada of Ukraine. One of the draft laws «On Mediation»№ 3665 of December 17, 2015 was adopted in the first reading, but in 2019 the Verkhovna Rada of Ukraine rejected it – the bill wasnot adopted. On December 28, 2019, the government bill «On Mediation» № 2706 was registered in the Parliament. However, this billwas withdrawn on March 4, 2020.There is a need to investigate the latest legislative trends in the settlement of land dispute mediation, based on the above bills. Ifthe general provisions are spelled out in more detail in the government bill, the specifics are in the 2015 bill.Based on the analysis of the two bills, we consider it appropriate to note that the measures that we believe will facilitate the introductionof mediation in resolving land disputes should include the promotion of mediation as an out-of-court settlement of land disputesand their direct resolution through mediation. So far, the resolution of land disputes through mediation remains a theoretical construction.Resolving land disputes through a mediation procedure will determine the best way to regulate these land relations. Without thepractical application of mediation in resolving land disputes, it remains only to envisage possible legal mechanisms for the legal regulationof these social relations. The latter may have significant shortcomings, which will be possible to identify only in practice.
 None of the proposed bills includes land disputes in the list of disputes that can be resolved through mediation, but according tocurrent land legislation, in particular the Land Code of Ukraine, there are cases when such a method of resolving land disputes has aright to exist, in particular in disputes land easements.The requirement to go to court in case of non-fulfillment of obligations under the agreement as a result of mediation is controversial.This is contrary to the very nature of mediation, which should be carried out on the basis of voluntary participation in the mediation procedure,and the parties themselves should decide on options for resolving the dispute. This requirement is contrary to the nature of mediation.We consider it necessary that these provisions on land mediation be taken into account in further work on possible draft laws onmediation.

Land dispute resolution and the right to development in Africa

The United Nations Declaration on the Right to Development supports equality of opportunity in access to basic natural resources. This article explores the legacy of past colonial interventions, particularly in sub-Saharan Africa under the British dual mandate policy associated with Lugard, in creating tensionsbetween private, public and customary land tenure in Africa, which have given rise to conflicts and  disputes over land. Soft law and policy agendas from international development agencies have changed substantially in the present century, including the Sustainable Development Goals (SDGs) and the New Urban Agenda agreed at the Habitat III conference in 2016, with UN Habitat’s Global Land Tools Network promoting innovatory practices such as land readjustment and participatory mapping, as well as reform of urban planning laws. With land disputes notorious for creating complex and lengthy legal proceedings, some African states have applied alternative dispute resolution (ADR) mechanisms as a potentially quicker and cheaper option than approaching the courts. The article examines different land and property tribunals in the United Kingdom and sub-Saharan Africa,  especially involving traditional authorities on customary land. It applies concepts of historic institutionalism, path dependency and isomorphism to the subject and proposes improvements to land and property tribunals.

МЕДІАЦІЯ ЯК АЛЬТЕРНАТИВНА ПРОЦЕДУРА ВИРІШЕННЯ ЗЕМЕЛЬНИХ СПОРІВ: ВІТЧИЗНЯНИЙ ТА ЗАРУБІЖНИЙ ДОСВІД

The article explores the problems of introduction the institute of mediation in land disputes in Ukraine. The essence of mediation and the reasons explaining why it is a more effective way of resolving land disputes were disclosed. The article analyzes the essence of judicial and extrajudicial mediation that identifies their key differences and advantages. The authors noted that judicial model is more suitable for implementation in Ukrainian legislation because of its economy and convenience for disputing parties. The national legislation in which the Institute of Mediation has not yet found its place due to the lack of legislative regulation was characterized. Ukrainian legislation does not contain rules in respect of regulating the activity of mediators. The model of the mediation institute is also not defined. In practice there are private mediation centers. Basically, there are private mediation centers, but for their proper functioning the authors have been offered legislative regulation. A necessary study of the mediation procedure as one of the alternative ways of resolving land conflicts was made. The ways of introducing judicial and extrajudicial mediation in foreign countries were also analyzed and proposals to improve domestic legislation were made too. The successful experience of introducing mediation in Georgia, Slovenia, Germany and the USA, in which the Institute of Integrated (Judicial) Mediation has been progressing, was considered. Due to this, exploration options of solving this problem for Ukraine was proposed. The negative factors of introduction of a mediation institute, which indicate a high probability of unfair application of this procedure, are given. Implementation of the Law on Mediation in order to resolve land disputes if the parties voluntarily agree to do it is proposed. As a result, the law will have a positive effect on the public's awareness of the essence of mediation and will be successfully used by citizens as an alternative to the judicial settlement of land disputes. Thus, the authors came to the conclusion that the problem of legal regulation of mediation is extremely important especially in the land disputes.

Mediation of land disputes between PT Perkebunan Nusantara (PTPN) VII Cinta Manis and Rengas Village Farmers, Ogan Ilir Regency Sumatera Selatan Province

Dispute resolution is indeed difficult to do, but that does not mean that it is impossible to materialize. The main capital of settlement through mediation is the willingness and good faith of the disputing parties to end the dispute that occurs between the two disputing parties. The purpose of this study was to analyze the mediation of land disputes between PT Perkebunan Nusantara (PTPN) VII Cinta Manis and Rengas Village Farmers, Ogan Ilir Regency, Sumatera Selatan Province. The research method used in this research is descriptive qualitative method. Data collection techniques are by means of interviews, observation and documentation. The findings in this study are that there is no neutrality of the mediator in resolving land disputes so that the mediation fails to reconcile the two parties to the dispute. The factors that determine the success of the mediation process are volunteerism to carry out mediation, confidentiality, and neutrality of the mediator. The conclusion in this study is that mediation will work well if the parties voluntarily agree to mediate and the mediator can be neutral in resolving land disputes. JEL Classification: D74, Q24

Non-Litigation Process Land Dispute Settlement For Legal Certainty

The purpose of this study is to try to make the legal instruments for land use hold land disputes over land disputes. The research method used in research responsibilities is normative juridical. The results of this study suggest that land disputes that are formed are multi-dimensional and complex covering legal, economic, political, and social culture, national defense needs. Land administration is very important to reduce land disputes by following the land suitability regulations with article 19 paragraph (2) letter c of the UUPA Land certificates form public administration products, if disputes occur in the future, land dispute resolution and non-litigation land dispute resolution can be resolved. The part of the government that actively participates in the community helps to make an important contribution to public administration in Indonesia with land disputes and non-litigation process. This model of law enforcement seeks to realize legal certainty in order to create a sense of security, peace and harmony, the impact of order will encourage people to try and work well as an effort to improve the quality of their lives. This article finally looks at the development of law by means of harmonizing values ​​to overcome the problem solving that does not exist, which is damaged or wrong, which is still lacking, congestion, and deterioration or a deterioration in circumstances. Win-win solutions are still strong enough and efficient to empower legal energy to resolve disputes in order to realize legal certainty and maintain social order in a culture.

PENYELESAIAN TERHADAP KASUS SERTIPIKAT GANDA OLEH BADAN PERTANAHAN NASIONAL

The main material of the research is Completion Of The Double Certificate Case By The National Land Agency with the following problem formulation: 1. How did the emergence of a double certificate which constitutes legal evidence of land ownership?2. How is the resolution carried out by the authorities in resolving the issue of dual certificates? From the results of the study concluded the following conclusions: 1. The cause of the double certificate could be due to the element of intent, accidental and due to administrative errors. The emergence of a double certificate is also caused by the lack of discipline and order of government officials related to the land sector in carrying out their duties. 2. The National Land Agency is not a state institution in the field of judiciary, but nevertheless the National Land Agency has the authority to resolve any land issues including the issue of dual certificates. This authority is only limited to administrative authority, namely the cancellation or revocation of a certificate issued by the National Land Agency itself. The National Land Agency always strives for solutions to resolve land disputes based on the prevailing laws and regulations with due regard for a sense of justice and respect for the rights and obligations of each party. is deliberation. The steps for resolving disputes that they or the National Land Agency take in a dual certificate dispute are negotiation, mediation and facilitation.

The Notary Authority in Resolving Land Disputes with Deed of Peace

Disputes that often occur are usually related to ownership of land, this is because of the important role of land in human life, so that land becomes an object that is prone to disputes or disputes between people, this occurs because human needs for land are increasing, but the land supply is relatively fixed. Notary as a public official trusted by the community to resolve land disputes through a peace deed made by a notary to ensure legality. The method used is empirical juridical research. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus in this research is to find out and analyze the authority of a notary public in resolving land disputes with a deed of peace. The results showed that 1) Notary was authorized to make a peace deed to guarantee legal certainty for the parties to settle land disputes in accordance with article 15 Paragraph (2) letter f of the UUJN and 2) The peace deed drawn up by a Notary Public is an Authentic Deed but not final binding like a van dading deed decided from the results of mediation in court.

Reformasi Agraria Joko Widodo-Jusuf Kalla dalam Konsep dan Realita Kepemimpinan yang Fasilitatif (Facilitative Leadership)

The focus of the discussion in this paper will examine leadership theoretically and case studies are seen as an important element in bringing stakeholders to direct them to carry out collaborative processes or what we call Facilitative Leadership. But this concept of leadership is not a traditional leadership concept that has been known. Jokowi-Jusuf Kalla's leadership contains the agenda of the Agrarian Reform which starts from the regions and villages. In the Nine Priority Agenda, also known as Nawacita, it was stated that agrarian reform in the form of direct pledging guarantees legal certainty in land ownership rights, resolving land disputes and opposing the criminalization of the resumption of community land rights. It is interesting to study how the correlation of the National Agrarian Reform Program by the Government of President Joko Widodo is if we relate it to the concept of facilitative leadership.

Reformasi Agraria Joko Widodo-Jusuf Kalla dalam Konsep dan Realita Kepemimpinan yang Fasilitatif (Facilitative Leadership)

The The focus of the discussion in this paper will examine leadership theoretically and case studies are seen as an important element in bringing stakeholders to direct them to carry out collaborative processes or what we call Facilitative Leadership. But this concept of leadership is not a traditional leadership concept that has been known. Jokowi-Jusuf Kalla's leadership contains the agenda of the Agrarian Reform which starts from the regions and villages. In the Nine Priority Agenda, also known as Nawacita, it was stated that agrarian reform in the form of direct pledging guarantees legal certainty in land ownership rights, resolving land disputes and opposing the criminalization of the resumption of community land rights. It is interesting to study how the correlation of the National Agrarian Reform Program by the Government of President Joko Widodo is if we relate it to the concept of facilitative leadership.

The Institute Decision Of Land Disputes In The System Of The Land Law

The article deals with the theoretical and legal research of the Institute of Land Disputes as a separate type of land legal relations. The modern scientific concepts of understanding the legal nature of the settlement of land disputes in the science of land and environmental law are analyzed. It is concluded that the legislative consolidation of the settlement of land disputes as a guarantee of land rights determines the peculiarities of determining the content of this legal category as a type of land legal relations, regulated by the rules of land legislation.
 On the one hand, as a guarantee for the protection of human rights, the resolution of a land dispute is viewed through the prism of its effectiveness, which is ensured (implemented) with the help of public authorities within the powers defined by law to make a decision that will restore the violated, unrecognized or contested right. On the other hand, the settlement of land disputes is seen as a kind of land management relations of procedural content.
 On the basis of a systematic analysis of the provisions of the Land Code of Ukraine, it is concluded that Section V of the Land Code of Ukraine contains only legal guarantees for the protection of land rights, not guarantees for land rights, and leaves out the guarantees of realization and protection of land rights, which are defined outside this section.
 The urgent issue remains the effectiveness of resolving land disputes and strengthening its importance as a guarantee for the protection of land rights. This raises practical problems of differentiation of competence, efficiency of procedures of consideration of cases and execution of decisions in land disputes. The lack of quality legal regulation causes the settlement of land disputes as a guarantee for the protection of land rights not receiving proper practical implementation and to some extent being declarative.

Perlindungan Hukum terhadap Konsumen atas Sertifikat Tanah Kavling dalam Hal Pengembang telah Dinyatakan Pailit

The population that continues to increase and the limited land area causes a lot of land issuesin the community, the Rungkut area of Surabaya is one example of a region that has manyland problems. When the land buyer paid off the installments, there was a problem on the partof the developer that resulted in the master certificate being destroyed / lost, the poorfinancial condition caused the company to go bankrupt and eventually become bankruptbecause it had a lot of debt in the bank.In resolving land disputes, two routes can be taken,namely out of court (non-litigation) such as conducting consensus / mediation / arbitrationand through court proceedings (litigation) if the settlement with mediation or deliberationreaches no agreement and peace.Keywords: default, mediation, court.

PERLINDUNGAN HUKUM HAK ATAS TANAH ULAYAT MASYARAKAT HUKUM ADAT DI KABUPATEN MALUKU TENGGARA.

Unalienated land dispute resolution in a way that is custom done by indigenous chiefs to resolve the dispute relating to customs. To resolve the disputes of indigenous chiefs hold a customary or sitting often known as judicial customs. The judicial nature of the Customs mediation, there is King as a mediator in it. The important role of indigenous chiefs of in dispute resolution is needed, this is because Community law is very respectful of indigenous chiefs. Legal protection must be viewed stages namely legal protection was born from a provision of the law and the rule of law given by a society that basically is the community's agreement to regulate the relationship between the behavior members of the society and between the individuals with the Government deemed to represent the interests of the community. Legal protection is not a true picture of the work function of the law itself that its purpose is not to provide other guarantees of fairness, expediency and also legal certainty. Legal protection will be more evident in the ownership of land rights is supported by the presence of certificate of land rights, as a means of proof of land ownership rights.

Authority of the Village Head in Efforts to Settle Land Disputes Based on Law Number 6 Year 2014

The purpose of this study was to find out the procedure for land dispute resolution carried out by the Village Head, to find out the basis of authority of the Village Head in land dispute resolution efforts based on Law Number 6 of 2014 concerning Villages and to find out the legal strength of land dispute resolution. This type of research is normative legal research. The theory used in this study is the theory of dispute resolution, the theory of authority and the theory of legal certainty. The approach method used is the legislative approach, case approach, and conceptual approach. Based on the results of the study that the procedure for land dispute resolution carried out by the Village Head was carried out in several stages, namely: 1. complaints; 2. summons of disputing parties; 3. the process of deliberation; and 4. formulating the results of the agreement in the form of a Joint Peace Letter. The authority of the Village Head in an effort to resolve land disputes is Article 26 of Law Number 6 Year 2014 concerning Villages and Law Number 30 Year 2014 concerning Government Administration. The power of land dispute resolution law carried out by the village head in the form of a Peace Letter on land disputes made by the Village Head based on what has been agreed upon by the disputing parties, it can be said that what is stated in the Peace Letter is valid and applies as a Law for those who make it, in this case the parties to the dispute. The agreements are irrevocable for reasons which are sufficient by law.

Powers of exclusion and counter-exclusion: The political ecology of ethno-territorial customary land boundary conflicts in Ghana

Inter-community boundary conflicts are a key challenge to land governance in sub-Saharan Africa (SSA), including Ghana. Although exclusions engendered by inter-community boundary conflicts usually affect large numbers of people, empirical research has mostly focused on largescale land grabbing. Drawing on three inter-community land boundary conflicts in the Upper West Region (UWR) using in-depth interviews, this paper examines the underlying drivers, the exclusion and counter-exclusion strategies deployed by disputing groups and makes policy recommendations for resolving the customary land boundary dilemma. We find that the undocumented nature of inter-community land boundaries and tenure histories; weakening of the traditional land tenure system; rising land value and widespread land leasing; and statutory interference are key underling drivers of ethno-territorial land boundary conflicts. These drivers have created incentives and maneuvering spaces for competing communities/clans to deploy varied interpretations of the ‘past’ and ‘space’ in particular combinations that serve their interests to control more land. Although the traditional land dispute resolution system is effective in resolving boundary conflicts, disputing groups are increasingly turning to the courts for redress. However, with the lack of written tenure history, the judicial process is marred by uncertainty, which in turn opens the courts to delays and corruption. While land reform has been widely proposed for resolving the customary land dilemma in most countries in SSA including Ghana, we argue that these reforms will be meaningless unless existing boundary disputes are effectively resolved. We recommend inter-community boundary reconciliation as an initial step. Through this program, a customary land boundary information system can be established to circumvent future tenure ambiguities.