Tenure Rights Research Articles

A Study on the Land Reforms Laws: Bangladesh in Context

Land reform is a long-standing issue in Bangladesh, but a solution is elusive. Land reform is a widely-recognized social, political and economic objective in Bangladesh, and the Land Reforms Ordinance, 1984 was promulgated as the very first law that paved way for the reformation of lands. The word ‘land’ includes not only the face of the earth, but also everything under or over it, and has an indefinite extent upward or downward. Non-agricultural land means land used for purposes not connected with agriculture or horticulture, and does not include a homestead, land originally leased for agricultural or horticultural purposes but not used for that purpose. Land is scarce and population dense in Bangladesh, making it difficult to maximize agricultural production. Efforts to regulate tenancy rights and tackle subdivision and fragmentation of land holdings are ineffective, as they do not include measures to improve land management and crop yields. This paper will draw attention to that land reform is an imperative for Bangladesh to reduce the disparity and non-equity that exists among the people, further aggravating the survival of land and agriculture dependent masses. Keywords: Land Ceiling, Benami Transaction, Borga Cultivation, Bargadars’ Rights. DOI: 10.7176/JLPG/132-02 Publication date: May 31 st 2023

OWNERSHIP OF LAND RIGHTS WITH THE STATUS OF PROPERTY RIGHTS BY FOREIGN NATIONALS AS BENEFICIARIES USING INDONESIAN CITIZENS

<p>Normatively, the Government only grants land tenure rights to a foreigner in the form of right of use and lease rights. In practice, with various economic considerations and investment risks, foreigners willing to invest in Indonesia need to have land ownership with property status. Because, property rights are hereditary rights, the most powerful and the most achievable, for a while. In this regard, the national land law policy does not allow foreign Nationals to have property rights on land in the territory of Indonesia. The prohibitions encourage foreigners with an interest in the Nominee Agreement, by using the persons of an Indonesian citizen as a Nominee to be registered as the owner of the land rights. Law Number 5 of the Basic Agrarian Law of 1960, especially Article 26 (2), prohibits such an agreements. The purpose of this research is to analyze the regulation and prevention of land nominees with a normative judicial research method. The primary legal materials used include land legislation and investment laws and regulations. The results of the study confirmed that the prohibition nominee agreements were regulated in Law Number 5 of 1960 of the Basic Agrarian Law but the sanctions against the nominee's practice were not yet clear and firm and the status of the land nominee had not been fully regulated. To ensure legal certainty, there is a need for arrangements regarding land nominees along with sanctions and the status of land rights that are used as nominee objects. Therefore, the government can cease and annul land rights if its not in accordance with as designations. The preventive measures of nominees can be done both through civil and criminal means by returning the land to the State.</p>

The Libraries of Llano County, Texas: The End of Civility, Legality, the Rights of the Young to Learn and Mature, and the Public Itself

Historically, Texas often claims its greatness by size. Over several centuries, that has been a mixed bag. But the state’s radical political shift to the right threatens whatever is good in that legacy. In small but extreme right wing–dominated counties like Llano (eighty miles northwest of Austin in the Hill Country), when it comes to basic public facilities like libraries, the presence of books on the shelves, full access to both print and online materials, and professional staffing are under attack. The censorship and stripping of resources underway flouts the civil and legal rights of tax-paying residents, especially young readers. Constituting an illegal right-wing takeover of a public good, actions undermining the public library services in the county are an active danger to the local and the larger community.

‘Isolated British Europeans’: How EEC Membership Helped the Gibraltarians Secure British Citizenship, 1962–1981

ABSTRACT The ‘European’ strand of modern Gibraltarian identity, exemplified by the territory’s 96 per cent ‘Remain’ vote in the 2016 ‘Brexit’ referendum, owes much to the fact that joining the EEC with Britain in 1973 enabled Gibraltarians to bypass the UK’s increasingly restrictive immigration regime, which since the first Commonwealth Immigrants Act in 1962 had reserved the right of abode for the British-born and their descendants. In 1981, when British citizenship was redefined and split into three new categories, it was Gibraltar’s place within the EEC, and the rights associated with membership, that proved the decisive factor in securing full British citizenship, uniquely amongst Britain’s dependent territories at the time. Although this concession has been seen as a case of racial exceptionalism, this article places the Gibraltarian campaign for British citizenship in its historic context, and shows that it was not simply the result of short term political calculation but a long term recognition that European integration offered Gibraltarians a new set of rights, over and above other territories, and a means of binding themselves closer to the UK. After Brexit, Gibraltarians may once again occupy a unique position as citizens of the only British territory within the Schengen zone.

Dampak Penghapusan Desa Perdikan Tawangsari, Winong dan Majan Tahun 1900-1990: Studi Pemerintahan dan Kebudayaan

The villages of Majan, Winong, and Tawangsari were designated as perdikan villages in the 18th century AD, granting full power to the perdikan village leader to govern the administration and social culture of the perdikan community. However, in 1979, their fiefdom status was abolished and their privileges were revoked. This research aims to explore the early history of these perdikan villages, the dynamics of the fief community, and the impact of the abolition of their fiefdom status. Historical research methods including heuristics, source verification, interpretation, and historiography were employed. The fief villages of Majan, Winong, and Tawangsari were identified by their special privileges and power to regulate village government, marriage, land tenure rights, and religious practices. The abolition of their fiefdom status resulted in changes to the village government, marriage, and land tenure rights. This research provides insight into the dynamics of perdikan villages and their identity, as well as the impact of changes to their status and privileges.

DYNAMICS OF TENURE CONFLICT IN AMMATOA KAJANG CUSTOMARY FOREST AREA, BULUKUMBA REGENCY

Certainty of tenure rights has been a problem related to disputes over the use, control, management, and use of forest areas that lead to the neglect of the rights of local indigenous peoples. This study aims to identify the existence and recognition of the indigenous "Ammatoa" Kajang community and analyze tenure rights that ignore the rights of the indigenous "Ammatoa " people against customary forests. The method used in this study is a qualitative method with descriptive analysis to provide a systematic, factual and accurate picture of tenure rights in management customary forest "Ammatoa". The results showed that the indigenous community of "Ammatoa" is still strong with customary institutions and customary values that are maintained, such as Pasang ri Kajang as The values that govern all aspects of the life of the "Ammatoa" Kajang Customary Law Community relate to social, cultural, governance, trust, environmental and forest conservation issues. Tenure rights carried out by PT. Lonsum who accesses and manages, excludes, and transfers the tenure rights of the Kajang "Ammatoa" customary forest which has received state recognition based on a Constitutional Court Decision Decree Number 35/PUU-X/2012 and Regional Regulation of Bulukumba Regency Number 09 of 2015 concerning Confirmation, Recognition of Rights, and Protection of the Rights of Customary Law Peoples Ammatoa Kajang. Along with the birth of these two legal bases, there was also a conflict/dispute over the control and management system of the customary forest "Ammatoa" between indigenous community "Ammatoa" with the existence of a rubber plantation company (PT Lonsum, Tbk) occupying the Ammatoa customary forest area with Business Use Rights (HGU).

The High Court Ruling Against Ingonyama Trust: Implications for South Africa’s Land Governance Policy

ABSTRACT This article discusses the implication of the 2021 CASAC v Ingonyama Trust judgment on South Africa’s land governance policy trajectories. It explores the extent to which there are missing links between policy imperatives, the legal system, court processes and socio-economic emancipation. It argues that the failure of the state in policy design and implementation has turned courts into contradictory sites of struggle for emancipating land rights. In particular, we examine some of the key specific and broader implications that emanate from the landmark ruling in the case that was lodged by the Council for the Advancement of South African Constitution and Rural Women’s Movement against the Ingonyama Trust and Board, where the conduct of Ingonyama Trust was found to be illegal and unconstitutional, as it undermined the indigenous land rights of people occupying the land by converting their land tenure rights into leasehold. The verdict was a huge affirmation of indigenous land rights, but the judgment is unlikely to translate into clear policy. Instead, it has unleashed confusion and dilemma tied to colonial and apartheid legacies as well as competing jurisdictions. Our main argument is that court judgments become de facto policy statements, but those policies are not easily implemented because they are intersectional. We show that current land policies, including the one involving the Ingonyama Trust, has an intersectional genesis that includes old apartheid legislation and policies, the Constitution of the Republic of South Africa, 1996, as well as legislature and other political deals (such as negotiations to bring about reconciliation) that cannot be easily undone by any one court judgment.

Fisheries tenure arrangement in China: Legislative ambiguity, judicial settlement conflicts, and the gap in protecting traditional fishers’ rights

With fish stocks declining and fishing control improving, the delineation of rights and restrictions over fisheries resources for small-scale fisheries needs to be attached with more attention globally. As China’s social and economic environment changes, Chinese traditional fishers have also been facing growing challenges in maintaining their customary fisheries operation. With this as the core issue to be addressed, this paper examines the legislative status of fisheries tenure rights in China and the judicial opinions on disputes involving overlapping users’ rights to fisheries-related resources. It adopts a qualitative empirical analysis by reviewing two cases between long-practicing fishers and other entities and by generalizing nine other cases with similar factual backgrounds. It finds that the ambiguous tenure rights legislation in China cannot provide a solid basis for Chinese traditional fishers to affect fisheries-related decision-making processes. As a result, Chinese courts give incompatible judgments without sufficient consideration of traditional fishers’ customary tenure rights. A normative analysis of traditional fishers’ tenure arrangement in China is also rendered, mainly by drawing on the guidelines of FAO on sustainable small-scale fisheries. Then, this article provides suggestions for legislative improvement with a human rights dimension, including enhancing traditional fishers’ participation in decision-making processes and strengthening their property rights protection. This article offers a new perspective on the relationship between traditional fishers’ well-being, administrative powers, and legislative and judicial protections.

English

This manuscript shows a characterisation of critical agricultural household features that are fundamental for performance of agricultural activities in Uganda. Data from the 2018 Annual Agricultural Survey show that these households are exposed to a series of circumstances that make agriculture a challenging enterprise to undertake, but at the same time essential for subsistence. These challenges are mainly associated with large segments of agricultural population dedicated to farming in reduced land-cropping areas, generalized practice of subsistence farming, limited land tenure rights, critical low levels of education affecting agricultural productivity, limited use of improved agricultural inputs (fertilizers, pesticides, and seeds), and marginal use of irrigation practices. These challenges are of intra and extra-farm nature, and as such a holistic vision to address them is needed. Key words: Agricultural households, land, education, agricultural inputs. Uganda.

주택임대차보호법상 계약갱신에 대한 입법적 고찰

In September 2020, there were amendments made to the laws related to the lease agreements. These changes include provisions that allow tenants to view the current status of their lease information. This information can be used by the lessee to claim compensation for damages if the landlord falsely refuses to renew the lease. Another change pertains to the calculation rate when converting a deposit to monthly rent. This change ensures that there is a fair and transparent calculation method that is used to determine the rent amount that should be deducted from the security deposit. Overall, these amendments aim to protect the rights of tenants and ensure that they are treated fairly under the law. These series of legislative revisions have been socially controversial, and even now, legislative debates, such as violation of the principle of private autonomy, violation of the principle of prohibition of retroactive legislation, and effectiveness, centering on the harm to the real estate market that the revised current law will cause, continue. In the case of some houses, the relationship between the tenant and the landlord has reversed as the rental price has plummeted. Even at the time of the amendment of the ｢Housing Lease Protection Act｣, from the point of view of the legislator, the lessor has always been in the position of A, but now it is changing to the position of B. From the standpoint that the harmful effects that may occur from the perspective of social equity should be removed, but if state intervention is necessary based on communal thinking, restrictions on private autonomy should be minimal to the extent necessary. This paper points out the legislative purpose of strengthening the tenant's housing right and the excessive restriction of the landlord's private autonomy due to the reverse housing lease crisis, and seeks to derive a reasonable alternative that can adjust the interests of the parties concerned. As mentioned above, except for the part that has been discussed in previous studies on the ｢Housing Lease Protection Act｣, a legislative review was conducted focusing on the matters related to contract renewal, contract termination, and win-win lessor policy under the Housing Lease Protection Act, which have recently become problematic in practice. In conclusion, contract renewal article under the current ｢Housing Lease Protection Act｣ is considered to have significantly lost the balance of rights in that unexpected damages may be caused to the lessor due to a unilateral change of the lessee. As this article is against the principle of good faith, it is necessary to delete the relevant provision.

Strategic mothering in a hostile environment: how hostile immigration policies shape mothering, belonging and citizenship in the UK

ABSTRACT Immigration and citizenship policies in the UK have long been experienced as hostile and restrictive, particularly by groups who are racially minoritized. Since 2012, “Hostile Environment” policies have further restricted access to residency rights and citizenship status, generating legal and financial precarity for many families. Whilst research on state bordering practices is growing, little is known about their impact on mothering. Drawing on ethnographic fieldwork in a London neighbourhood, I show that hostile policies marginalize mothers with insecure immigration statuses and constrain experiences of mothering. Mothers face challenges and relational tensions which play out in ways specific to their structural positioning. I argue that mothers undertake strategic mothering work to address these tensions, enacting relational belonging and citizenship as mothers, for themselves and their children. This article contributes to sociological understandings of strategic mothering as a form of relational belonging and active citizenship in the context of hostile policies.

BUILDING USE RIGHTS OVER LAND MANAGEMENT RIGHTS IN SHOPPING CENTERS

This article discusses arranging building use rights (HGB) over management rights (HPL). Management rights are rights to control land that the state directly controls. Which authorizes the right holders to plan the designation and use of the land in question, use the land to carry out their duties, hand over parts of the land to third parties with use rights for 6 (six) years, and receive annual income and or obligatory money. This research uses an empirical juridical method with the Wiltop Trade Center (WTC) Mall case approach that occurred in the Jambi Province area. In the discussion, it was found that the WTC management adhered to Article 2 of the Minister of Agrarian Regulation No. 9 of 1965 concerning the Implementation of the Conversion of Tenure Rights over State Land and Provisions Concerning Policy Further. It stipulates the conversion of tenure rights over State land into Management Rights, namely "If State land is given to Departments, Directorates, and Autonomous Regions, other than used for the agencies' interests. Also intended to be granted with a right to a third party, the right to control the State land is converted into a Management Right. Therefore, the WTC is a third party that uses Management Rights as the basis for Building Use Rights in conducting its business. Building Use Rights are used to construct buildings, including in the form of residential or residential houses, shop houses (shops), office houses (office houses), shops, hotels, offices, and industries (factories).

Urban–ruraljustice

<scp>Urban–rural</scp>justice

Increasing the Age of Marriage of Women in India

Marriage, a legally and socially sanctioned Union, normally among a person and a woman, that is regulated by way of laws, policies, customs, Ideals and attitudes that prescribe the rights and obligations of the Companinions. The Constitution of India guarantees Article 14 “Right to Equality. It is one of the essential proper. It makes certain the guarantees to all and sundry the right to equality before law &amp; identical safety of the legal guidelines. It is not always most effective right of Indian residents but also right of non-citizens. On 20December2021, The Union Cabinet exceeded the proposal to bring uniformity inside the marriageable age of male and female. It targets to boom the felony age of marriage of ladies from 18 to 21 years recently. For that be counted, a project force was installation for the re-examination about the marriageable age and its correlation to fitness and social indices which include little one morality, and the nutrients stages a few of moms and kids. It is imperative to tackle gender inequality and gender discrimination and good measures to secure fitness, empowerment and welfare of our women. Rising the felony age of marriage is an oblique try to address other gender inequalities, including women being pulled out of school for marriage, the health risks from pregnancies together with maternal mortality

Missing links in migrant enfranchisement studies

ABSTRACT We identify four main strands of the migrant enfranchisement literature since 2010 and outline its main (debated) concepts. We pinpoint missing links among the strands, such as a tendency for scholars to study the electoral rights of foreign residents (immigrants) separate from nationals abroad (emigrants). Other missing links lie with actors and processes along the migrant enfranchisement legal path, with more studies focused on enacting or implementing rights versus fewer on why rights stagnate or fail to pass. Another missing link is geographic, favouring South–North over South-South enfranchisement. Despite an overall acceptance of transnational belonging and multi-territorial political participation, research agendas remain disparate across migration studies, political science, sociology, international relations, and other social sciences and humanities. Missing links are missed opportunities to merge disciplinary findings and find (causal) mechanisms to explain migrant enfranchisement. When analysing the four strands, we suggest researchers apply an immigrant-emigrant lens to include origin and residence countries and rights of both emigrants and immigrants. Each article in this Special Issue nuances one of the strands, combines them, or applies the immigrant-emigrant lens. The issue expands the geographic coverage of current studies and offers innovative comparative analyses of Africa, Europe, and Latin America.

Two paths towards the exceptional extension of national voting rights to non-citizen residents

ABSTRACT Only five countries have extended universal voting rights to non-citizen residents for all political spheres (local, intermediate and national): Uruguay in 1934, New Zealand in 1975, Chile in 1980, Malawi in 1994, and Ecuador in 2008. These cases constitute a unique intercontinental medley and an opportunity to study the conditions behind such revolutionary change. Through a calibrated comparative strategy based on most similar system designs (inspired by Mill’s method of difference) using QCA, this paper finds that the extension of national voting rights to non-citizen residents transpired in two distinct scenarios. The first setting (Chile, New Zealand, and Uruguay) took place within unitary states with already-existing local voting rights for non-citizen residents and settler trajectories, but that were not undergoing a liberalisation process. On the other hand, the second configuration (Ecuador and Malawi) developed within unitary states that recognised nationality by ius soli and were going through a process of liberalisation, but without previous local voting rights for non-citizen residents or a settler trajectory. To our best knowledge, this paper offers the first cross-national explanation that involves all cases that have broadened their respective political communities (demoi) to include national voting rights to all non-citizen residents.

공동주택의 규약에 의한 반려동물 사육제한

When a dispute occurs between other residents and pet owners in a condomimium, the current legal system has no choice but to resolve it through the regulations of management rules in condominiums. General restrictions of apartment housing inevitably have abstraction, but there are various aspects of disputes related to companion animals. Compared to other disturbances in common life such as noise and odor, the cause of disturbance of pets is difficult to control, and ordering the removal of the cause of disturbance may seriously infringe on the rights of residents.&#x0D; The purpose of this article is to study ‘reasonableness review’ cases of the United States to examine the criteria for judging the validity of the covenant that restrict pet breeding, especially when residents of condominium are restricted by management rules in condominiums. The most important case on the regulations limiting pet ownership is the Nahrsteht case, in which the California Supreme Court newly strengthened the judicial review criteria for violations of the management regulations by preventing residents from considering special situational factors. The standard of rationality is sometimes called the “California Standard,” because California first specified the standard in case law. Therefore, we will examine in detail the criteria for judging the “reasonable standard” of the U.S. California Court on the application of the management rules in condominiums.

When iota meets lambda

Definite descriptions are widely discussed in linguistics and formal semantics, but their formal treatment in logic is surprisingly modest. In this article we present a sound, complete, and cut-free tableau calculus {textbf{TC}}_{R_{lambda }} for the logic {textbf{L}}_{R_{lambda }} being a formalisation of a Russell-style theory of definite descriptions with the iota-operator used to construct definite descriptions, the lambda-operator forming predicate-abstracts, and definite descriptions as genuine terms with a restricted right of residence. We show that in this setting we are able to overcome problems typical of Russell’s original theory, such as scoping difficulties or undesired inconsistencies. We prove the Craig interpolation property for the proposed theory, which, through the Beth definability property, allows us to check whether an individual constant from a signature has a definite description-counterpart under a given theory.

Research on the Jurisdiction of MNEs in Cases of Human Rights Violations

As multinational enterprises continue to develop and grow, violations of international human rights law by multinational enterprises occur frequently, such as environmental damage and labor rights violations. While bringing employment and economic development to the host country, MNEs will also have a significant impact on local human rights. Multinational enterprises may directly affect the human rights in their regions by employing child labor, forced labor, discriminatory recruitment methods, poor working conditions, and carrying out activities without the consent of the residents on their land, or indirectly threaten the lives and health of others by destroying the environment. In addition, MNEs may also instigate the national government to violate human rights for commercial purposes, or support the government to adopt policies that violate human rights by providing infrastructure, financial support, or international credibility for the government, thus indirectly violating the human rights of residents. Access to justice is the most direct way for victims to seek redress in cases of human rights violations by multinational enterprises. However, as far as current practice is concerned, the judicial route is also the most difficult route to relief, of which the first issue to be resolved is jurisdiction. This research use case study, comparative research, and historical research to discuss how to strengthen the international legal regime of human rights responsibilities of MNEs, and to draw on international theoretical and practical experiences. Finally, this research systematically studies the issue and finally makes recommendations at the international and domestic levels.

When Controlling Persons Have Shelters: The Effect of Foreign Residency Rights on Tax Credit Ratings

ABSTRACT This paper examines the influence of controlling persons’ foreign residency rights on corporate tax credit ratings (TCRs). The empirical results show that corporate TCRs decrease when the controlling person obtains foreign residency rights. The mechanism analysis indicates that there are three main channels, i.e. more tax avoidance behaviors, more earnings management and a higher frequency of violations. Our findings demonstrate that the controlling person’s foreign residency rights are an indicator worthy of supervisors’ attention. Tax authorities could strengthen the inspection of foreign-related tax activities.