Land Ownership Rights Research Articles

PENYELESAIAN SENGKETA TANAH DI TIMOR LESTE OLEH DIRECÇÃO NACIONAL DE TERRAS, PRORIEDADES E SERVIÇOS CADASTRAIS (DNTPSC) DENGAN METODE MEDIASI BERDASARKAN LEI NU 1/2003

PENYELESAIAN SENGKETA TANAH DI TIMOR LESTE OLEH DIRECÇÃO NACIONAL DE TERRAS, PRORIEDADES E SERVIÇOS CADASTRAIS (DNTPSC) DENGAN METODE MEDIASI BERDASARKAN LEI NU 1/2003

Assessment of Conflicts in Water Resources Management of Tobora Sub-catchment in Mara River Basin, Tanzania.

Water resources are essential for both human livelihood and environmental services. Demand for the resources has led to increasing water conflicts because of how water is managed and governed. Many developing countries like Tanzania experience conflicts based on competing water uses. This paper examines conflicts on various competing water uses in Tobora Sub-catchment of Mara River Basin in Tanzania. It analyses factors that contribute to water conflicts among water users. It further highlights conflicts resolution and mitigation measures that the basin can adopt for proper water management. The study used explanatory and descriptive research design using mixed methods approaches. Different types of data were collected using focused group discussions, household interviews and key informants interviews. Majority of the respondents mentioned water conflicts to be mainly caused by land scarcity associated with population growth and increased competing water uses among various water users. Additionally, conflicts were linked to politics whereby politicians allowed water users to conduct economic activities 60m within water sources, which contradicts the water policy. Conflicts between farmers and herders were more evident due to competing water uses for irrigation and livestock keeping. Water conflicts were resolved through by-laws and laws adherence, mediation, resource use guidelines, public awareness campaigns, land use plans to demarcate farming and grazing land, legal land ownership rights and customary laws.

Analisis kontribusi konsep matematis pada sawah lodok khas kearifan lokal masyarakat manggarai

This study aims to find out the contribution of mathematical concepts to lodok rice fields (ricefield spider net) in Manggarai Regency. The main instrument is the researcher himself, and the supporting instruments are observation and interview guidelines. Data was collected by means of field observations and interviews with manggarai traditional leaders, where the selection of traditional leaders used a purposive sampling technique. To obtain valid and reliable data, the researchers used technique triangulation and source triangulation. Data analysis used is reducing data, presenting data, and drawing conclusions or verification. The results of the study found that the shape of lodok rice fields in Manggarai Regency was made by applying the concept of ''Circle Center Point'' at the meeting point (node point) of the land of all residents, which is referred to as Lodok and the concept of ''Juring Circle'' on the shape and size of the land area of each resident as well as a barrier to land ownership rights between one resident and another, known as Langang or Lance.

PERLINDUNGAN HUKUM BAGI PEMILIK TANAH ATAS PEMBATALAN SERTIFIKAT OLEH PENGADILAN TATA USAHA NEGARA (PTUN) YANG BERASAL DARI TANAH ADAT TANPA ADANYA PELEPASAN HAK.


 
 
 
 Landowners face serious challenges when their land titles are annulled by the Administrative Court (PTUN) rooted in customary lands. In the course of this law, the main focus is the right of ownership, the existence of landowners, and the influence of customary land. Without a clear waiver of rights, this legal complexity calls into question the existence and right of ownership of the landowner. In this context, a legal and ethical obligation arises to protect the rights of landowners, especially those from indigenous lands, answer the call of legal protection, and ensure justice and equality before the law. The method used in this research is normative juridical legal research, which was carried out as an effort to obtain the necessary data regarding the problem. The data used is primary data as supporting legal material for secondary data. Data analysis was carried out using qualitative analysis methods. The result of this study is that landowners are at risk of losing legal certainty and protection if their certificates are canceled by the Administrative Court, especially related to customary land without a clear waiver of rights. The cancellation requires the revocation of the certificate, resulting in the inability of the certificate holder to physically control the land and cause harm to all parties, according to the theory of the consequences of Soeroso law and the legal protection of landowners related to the cancellation of certificates by the court from customary land without waiver involving the settlement of land disputes. Generally, land disputes can be resolved through customary deliberations, led by Adat Para-Para, or through a court in the settlement of land cases.
 
 
 

Legal Consequences of Divorce in Intermarriage on the Marital Property in the form of Land Proprietary Rights

Intermarriage brings legal consequences to the assets in the marriage including the mixing of joint assets. Marital property, specifically, regarding land ownership rights in Indonesia causes a problem if there is a divorce. The joint assets in the form of ownership rights to the land must be shared between Indonesian Citizens and Foreign Citizens while Law Number 5 of 1960 concerning Basic Regulations -The Agrarian principle prohibits foreign nationals from owning property rights. This research aims to find out the position of Foreign Citizens regarding land ownership rights in Indonesian laws and regulations and the legal consequences of divorce on land ownership rights in mixed marriages. This research is normative legal research, the type of research used is research on legal systematics by taking inventory of laws and regulations governing land ownership rights in intermarriage, identifying problems, and analyzing them qualitatively.
 Keywords: intermarriage, land proprietary rights, divorce

Green Legality Certificate on Agrarian Reform: Indonesian Experience

As the most essential human need, territory is crucial for the survival of humanity. The increase in population and demand for land, as a result of urbanization, can no longer satisfy human requirements. The research method in this study is a normative legal research method. The approach method uses a statute approach, a comparative approach, and an analytical approach. The green certification serves as evidence for the legality of a building, fulfilling the criteria for a green building, as well as supports the green movement, which contributes to a positive public image. In the future, unregistered land could receive electronic certificates for the first time through land registration. As a guarantee of ownership of land rights, the legislation provides holders of electronic certificates with legal protection. The electronic information and transaction law (IET Law) accepts electronic land certificates as proof of electronic tenure.
 Keywords: green legality, land, certificate, Agrarian reform

Legal Standing of The Deed of Sale and Purchase Against Expired Building Rights Certificate (Case Study of Decision No. 571/Pdt.G/2021/PN.Bks jo. Decision No. 591/PDT/2022/PT.BDG)

This research aims to determine, assess, and analyze the legal status of the Land Sale and Purchase Deed (AJB) compared to the Expired Building Use Rights Certificate, to investigate and analyze the role of a notary in land registration implementation and reconstruction, and to identify and analyze the latest provisions regarding land ownership rights. This research utilizes a normative juridical approach with a descriptive analytical research method. The data used in this research are the disputed land cases located in Kampung Bojong Menteng, Rawalumbu District, Bekasi City, referring to the Expired Building Use Rights Certificate based on Decision No. 571/Pdt.G/2021/PN.Bks jo Decision No. 591/PDT/2022/PT.BDG. Based on the analysis, it is discovered that Decision No. 591/PDT/2022/PT.BDG, issued on November 10, 2022, has invalidated Decision No. 571/Pdt.G/2021/PN.Bks, issued on August 8, 2022, by the Bekasi District Court. Several differences were identified, including: (1) differences regarding the disputed object; (2) differences regarding the parties involved in the dispute; and (3) differences regarding the principle of nebis in idem. These differences prove the existence of unlawful acts committed by PT. Bangun Tjipta Pratama as the owner of the Expired Building Use Rights Certificate, with unclear ownership rights over the land owned by Rekson Sitorus, and the unlawful act conducted by the Bekasi National Land Agency, which issued SHGB No. 7 as the rightful owner of the land in question.

LEGAL RECONSTRUCTION OF LAND OWNERSHIP CERTIFICATES FROM A POSITIVISM PERSPECTIVE

In principle, a certificate of land rights is a proof of title issued by the Land Office, which serves as a strong means of proof regarding physical data and juridical data on a plot of land. The purpose of this study is to analyze (1) the strength of certificates as a basis for ownership of land rights; and (2) Reconstruction of legal certainty from land ownership certificates through a legal positivism approach in Indonesia. This research is normative legal research with statutory, conceptual, and comparative approaches. The data analysis technique used is juridical analysis, namely analysis based on theories, concepts, and laws and regulations. The results of the study show that (1) The strength of the certificate as the basis for ownership of land rights before 5 (five) years of issuance of the certificate does not have strong legal force because it can still be sued by other parties who also have proof of ownership; and (2) The reconstruction of legal certainty from land ownership certificates through a legal positivism approach in Indonesia is formulated by closing the weaknesses of the negative land registration system and in the future land registration in Indonesia must choose a positive land registration system, in order to create legal certainty that can protect the interests of holders of rights certificates above ground.

Influence of Land Ownership Security on Land Use Changes in Mwatate Sub-County, Taita Taveta County, Kenya

Background and Aims: The rising global population has increased land demand due to the increased need for agricultural and settlement spaces. Land ownership security tremendously impacts environmental sustainability because it influences ecological decisions. Kenya's land ownership and land use changes nexus has not received sufficient attention. Consequently, we explored this research gap in Mwatate Sub County, Taita County, Kenya. Methods: A sample size of 301 households was selected using stratified proportionate and simple random sampling techniques. A cross-sectional survey research design was used, while data was collected using semi-structured questionnaires. The Neo-Malthusian theory was adopted as a theoretical framework. Results: Results revealed that most (85.6%) households had insecure land ownership rights. Most (64.1%) households inherited land and had no Title deeds. Accordingly, findings reveal unsustainable land use practices, including deforestation, tree logging, high fuelwood use, bush clearance for human settlement and cultivation, poor farming methods, and overreliance on agriculture for livelihood. Using a 95% confidence level, Chi-square tests revealed a significant relationship between agricultural land use changes and land ownership security. Our findings concluded that insecure land ownership influenced agricultural expansion, deforestation, clearing of land for human settlement, and the type of farming techniques adopted by farmers. Implications for Conservation: Taita Taveta is a vital biodiversity hotspot that continues to be degraded by human activities. The correlation between land ownership and land use changes established by our study confirms the impending land degradation and threat to biodiversity loss. This is coupled with the concern that approximately 62% and 11% of the county are under a National Park and sisal estates, respectively, implying a growing threat to biodiversity loss and the need for enhanced conservation efforts in the area. This calls for the need to address the constant land issues in the area to incentivize sustainable land use practices.

Legal Analysis of Decisions on Settlement of Land Ownership Rights Disputes

The land ownership dispute filed by the plaintiff as the land owner was caused by the defendants' actions, whoinitially were sharecroppers and then admitted that the object of the dispute belonged to them. The object of the dispute above is two certificates of ownership rights, which cause legal uncertainty regarding the object of the dispute. Based on Article 163 of the Herziene Inland Regulations regarding the burden of proof for the party who presents an incident or denies an incident, that party must prove the incident or its denial at trial. Evidence is carried out by the parties to convince the judge of the truth of the arguments put forward. This writing aims to analyze the judge's considerations regarding the law in Decision Number 5/Pdt.G/2019/PN. Pol and legal consequences of the strength of the evidence of the disputing parties in this case. This research is normative juridical research using a statutory, conceptual, and case approach. The results of this research add to the judge's considerations. In his considerations, the judge was not yet complete regarding the strength of the parties' evidence, if seen from the land registration system by looking at the publication system. Concerning Certificates of Ownership Rights, which do not have the right to be canceled based on a final decision. Cancellation can be made based on the final decision by requestingthe National Land Agency to declare the certificate number as having no legal force.

ФОРМУВАННЯ НАПРЯМІВ ЗЕМЕЛЬНОЇ РЕФОРМИ У ЗАБЕЗПЕЧЕННІ ЕФЕКТИВНОГО ВИКОРИСТАННЯ РЕСУРСІВ СІЛЬСЬКОГОСПОДАРСЬКИХ ПІДПРИЄМСТВ

The article analyzes the aspects related to the implementation of land reform in Ukraine, the basis of the characteristics of this process, advantages and disadvantages that can be determined as influencing factors on the activation of entrepreneurial activity in the agrarian sphere. It is indicated that the establishment of clear and stable land ownership rights can contribute to transparency and accountability in the management of land resources. It is emphasized that if the owners are sure of their rights, this can contribute to greater investment attractiveness and rational use of land. It is emphasized that the land reform can determine the principles of distribution of land resources aimed at sustainable development. This may include taking into account environmental and social aspects in land allocation and use. It was determined that ensuring the legality of land use rights for agriculture can contribute to more efficient use of the soil. This may include rights to lease, use or other forms of use. It is emphasized that the introduction of a land market can stimulate competition and efficiency. It is noted that the owners will be interested in the rational use of their land, as this may affect its market value. It is emphasized that land reform can include measures to support small and medium-sized agricultural enterprises, including ensuring access to land and resources for these farms. It is concluded that land reform can include land use regulation systems, such as restrictions on the use of land for certain purposes or the establishment of environmental standards. It is stated that the overall goal of such reforms is to improve the management and use of land to ensure sustainable development of the agricultural sector, economic growth and social development of rural communities. The essence of land relations lies in the management and regulation of the use and ownership of land plots. Land use is a source of income for the budgets of various levels of government. A land market and improved land management can significantly increase the ability of communities to mobilize additional land-related resources. Land reform contributes to the effective use of resources of agricultural enterprises, influencing the organizational structure, management and distribution of land resources.

Is this land for sale? The effects of drought on land ownership in Uganda

This study examines the impact of drought on the land ownership rights of smallholder farmers in Uganda. Three waves of the Uganda National Panel Survey are combined with an indicator for drought, the Standardized Precipitation Evapotranspiration Index. Using a household fixed effects approach, we exploit spatial and temporal variation in drought conditions to identify its effect on households’ self-reported willingness to acquire land ownership rights, both at the extensive and intensive margins. Results show that exposure to drought lowers households’ intentions to purchase land and substantially reduces the price households are willing to pay for land. The effects persist over time and are robust to different specifications. Our findings suggest that drought exposure limits the operating space for farmers wishing to purchase land.

Case Study of Bengkulu District Court Decision Number 14/Pdt.G/2023/Pn Bgl Dated September 27, 2023

Ownership of land for houses is generally freehold. Mastery over. The property rights are proven by the Certificate of Property Rights issued by the National Land Agency (BPN). In ancient times, some people did not understand the legalization of ownership of land rights. The transfer of ownership rights to land can be done in various ways, one of which is buying and selling. Buying and selling transactions are one of the transactions that are very well known in traditional and modern society. Not everyone understands and realizes the need when carrying out sales and purchase transactions on land must be legalized by the authorities so that the transactions that occur are carried out under the hands. Bengkulu District Court Decision Number 14/Pdt.G/2023/PN Bgl dated September 27, 2023, namely land transactions that occur by the Buyer buying from the Seller for Rp. 2,000,000 (two million rupiah) based on the Certificate of Rights Disclosure dated December 11, 1989, at the time of the certificate transaction not yet in the name of the Seller, this can be seen from the certificate issued in 1994 while the transaction has been carried out in 1989. After the sale and purchase transaction was carried out, the Buyer had controlled land with an area of approximately 660 M2 (six hundred and sixty square meters) located in Bengkulu City. Due to the Buyer's ignorance and/or negligence towards the sale and purchase of the land, a Deed of Sale and Purchase has not been made, while at this time the Buyer wants to process the change in the Seller's certificate, its existence is not found. So because there is no legal legitimacy, the validity of the owner of the land needs to get a decision from the Court

Society “Top” and “Bottom” in the Policy of N.M. Muravyov as Governor-General of Vilnius

The article is devoted to the activities of M.N. Muravyov as Governor-General of Vilna (1863–1865). His policy was distinguished by integrity, correlation and interconnection of his main undertakings. He became the creator of a “harmonious political system” which was characterized by the desire to rely on the lower classes and apply repressive measures against the Polish elite. It should be noted that before his appointment in Vilna as Minister of State Property (1857–1862) N.M. Muravyov adhered to very different views and defended the rights of landowners, speaking as a staunch opponent of liberal bureaucrats. However, the uprising of 1863 prompted Muravyov to change his attitude to the “Polish question.” The elite of the Northwestern Territory was directly declared disloyal, and the “system” acted as means of punishing them. At that time, the policy of N.M. Muravyov was not always consistent. Besides, he met a rebuff from infl uential fi gures, such as the Tsar’s brother, Grand Duke Konstantin Nikolaevich. After “pacifi cation” was achieved in the region, Muravyov’s tenure in offi ce was considered undesirable. Muravyov's successor K.P. Kaufman, who tried to develop the “system” of his predecessor, was soon removed from offi ce. His successor E.T. Baranov strove to stick to the maneuvering policy, and A.L. Potapov and P.P. Albedinsky, who came after him, headed for concessions to the Polish elites. An attempt to the dismantling of the main elements of Muravyov’s policy was undertaken. Though it was not implemented in the full measure, the striving of Imperial authorities to maintain simultaneously two different political systems hampered the achievement of the goals which they formulated in the period of the Polish uprising suppression.

Agrarian Issues in the Indonesian State: Case Study of MA Decision Number 777.Pk/Pdt/2019 and Legal Protection for Landowners

This research discusses agrarian problems that occur in Sikayah Negara Indonesia with a focus on the case study of the Supreme Court Decision Number 777.pk/Pdt/2019 and examines the legal protection given to landowners. The background to this problem comes from the agrarian conflicts that are often faced by landowners, where their ownership rights are threatened. The research method used is normative legal research with a case study approach. The collected data was analyzed qualitatively to identify emerging agrarian problems, analyze the methods used in the case studies, and evaluate the legal protection given to landowners. The results of the research show that the case study of the Supreme Court Decision Number 777.pk/Pdt/2019 involves conflicts between landowners and other parties who also claim the same land rights. The methods used include document analysis, case discussion, and legal assessment. Based on the research results, it can be concluded that legal protection for landowners in the context of agrarian problems in Sikayah Negara Indonesia is still not optimal. There are weaknesses that need to be fixed in legal policy and law enforcement to ensure better protection of land ownership rights and the interests of landowners. In order to improve this situation, further efforts are needed to improve relevant legal policies, strengthen law enforcement, and provide fair and effective protection for landowners. This will ensure the realization of balanced agrarian justice and adequate protection of the rights of landowners in the Sikayah Indonesia Country.

Tinjauan Hukum Perjanjian Penitipan Barang yang Dilakukan melalui Anak Buah Kapal: Studi Kasus di Pelabuhan Punggur Kota Batam

Purpose: This research was conducted to find out about the phenomenon of safekeeping of goods with Ship's Crew (ABK) in Punggur Harbor, Batam City. Methodology : This study uses a type or method of normative legal research, in which the research is carried out by examining legal materials related to cases of safekeeping of goods against Ship's Crews (ABK). Then after that it was continued by examining additional data in the form of interviews conducted with Ship's Crew (ABK) at Punggur Port, Batam City, which later became Normative-Empirical legal research. Result: The result is reveals that agrarian policies in Bintan have led to the loss of land ownership rights for many coastal communities due to lack of consultation, inadequate compensation, and insufficient protection of traditional land tenure systems. Limitation: The ship's crew is the other crew than the captain. The phenomenon of entrusting goods to ship crew is very common for people who are used to life in the port. So it is not uncommon for many Ship's Crew to be reluctant to reject things that are considered normal by the people around them. Contribution: The analysis aims to contribute to the ongoing debate on land rights and coastal development in Indonesia by providing a legal perspective on the issue. It also highlights the need for greater recognition of the rights of coastal communities in agrarian policies and regulatory frameworks.

Land Ownership Rights for Indonesian Citizens of Chinese Descent in the Province of the Special Region of Yogyakarta

All Indonesian citizens have the right to own land in Indonesia according to the BAL and the 1945 Constitution. However, in the DIY Province, Indonesian citizens of Chinese descent are prohibited from owning land rights as regulated in the Instruction of the Head of the Special Region of Yogyakarta Number K.898/I/A/1975. This research discusses the legal provisions governing land ownership rights for Indonesian citizens of Chinese descent in the Province of DIY. The research method is normative with secondary data through primary and secondary legal materials. The approach used is statutory and historical with a prescriptive analysis using deductive logic. Based on the 1945 Constitution of the Republic of Indonesia which is discussed further in the UUPA, all Indonesian citizens can obtain property rights. There are historical factors contained so that the privilege law is enacted. This regulation was made to prevent exploitation of land in DIY and for the welfare of the people at that time.

Kemudahan Akses Kutipan Buku Leter C Sebagai Bukti Kepemilikan Hak Atas Tanah Oleh Pemerintah Desa

Ease of access to land letter C book excerpts as proof of ownership of land rights by the village government in the context of public information disclosure. The research method uses empirical legal research with a sociological juridical approach. The results of the research show that in providing easy access to quotations from letter C books as proof of ownership of land rights by the village government in the context of public information disclosure, the village government is guided by the provisions of the applicable laws and regulations, although still in a conventional way, namely based on a letter of application from the applicant and then the village government issues a land history statement based on the letter C book in the village to be given to the applicant provided that the applicant is a party who has a legal relationship with the object for which the letter C quotation is requested. If these requirements are not met, the village government will not issue the requested Letter C quotation, except by order of the court. The obstacles faced by the village government in providing easy access to quotations from the letter C book as proof of ownership of land rights in order to realize openness of public information and alternative solutions are the disorderly administration of the village government, especially in the village letter C book, data (information) in the letter C book. but it does not match the reality and the condition of the Letter C book is outdated (difficult to read) as well as political differences during the village head election. Alternative solutions include encouraging PTSL programs in villages, digitizing letter C books, providing outreach to the community about the importance of title ownership certificates as proof of legal ownership.

Land Declaration Letter As Proof Of Ownership Of Land Rights (Case Study In Palangka Raya City)

Land declaration (SPT) is the basic proof of ownership of a plot of land controlled by a person or legal entity. This right is generally used as a condition in the application process for the issuance of certificates of property rights by the National Land Agency. There are still many people who think that the Declaration of land owned is proof of ownership of land rights. It appears in many land cases in the judicial process. There are usually disputes between certificates and certificates, certificates and land certificates, or double certificates. However, the case that I take in this journal is taken from the decision of Case Number 160/Pdt.G / 2020 / PN Plk, which the judge declared valid and had legal force to bind the land declaration letter in the name of Mr. Basuki. Number: 140.594/300/KL-MTG/PEM Declaration of Land won from the Certificate of Title.. This study uses normative research methods that are accompanied by primary legal materials and secondary legal materials. To answer legal issues by describing, reviewing, reviewing, and explaining precisely and analyzing the applicable laws and regulations as well as from various legal expert opinions, in order to get answers to the problems raised.

Aspects of Legal Certainty of Land Declaration Letters as Guidelines for Land Registration with Negative Stelse

Indonesia adheres to a negative publication system in land registration activities, where the state does not guarantee the correctness of the data presented in the certificate. This briefly illustrates the condition that legal certainty is not guaranteed in land registration activities. Many people still think that the land statement they own is proof of ownership of land rights. The results of the analysis show that basically the negative publication system adopted by Indonesia is not a publication system that does not guarantee legal certainty. This is because the negative publication system does not apply forever. The negative publication system in Indonesia still adheres to positive elements, where the government will guarantee the correctness of the data presented after 5 years of the land being registered. These restrictions actually aim to provide legal protection for land owners, so that it is possible to file lawsuits by parties who feel entitled. This can be seen in land cases in the judicial process, such as the case of decision Number 160/Pdt.G/2020/PN Plk, where the Judge stated that the Land Declaration Letter was valid and had binding legal force in the name of Mr. Baturung. Land Statement Letter Number: 140,594/300 /KL-MTG/PEM. This research uses normative research methods accompanied by primary legal materials and secondary legal materials. To answer legal issues by describing, examining, studying and explaining accurately and analyzing applicable laws and regulations as well as various legal expert opinions, with the aim of getting answers to the problems raised. The Land Declaration Letter is a letter issued by the sub-district.