Journal articles: 'Rights land' – Grafiati (2024)

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Introduction: Land is a very important thing in Customary Law (can be referred to as Customary Land Law). The relationship between humans and land is closely related, namely land as a place for humans to live and continue their lives. Customary land is the property of customary law communities that have been controlled for a long time. Customary land law, known as land rights in Indonesia, such as ulayat lands, private lands, business lands, Gogolan lands, bengkok lands, agrarisch eigendom lands, and others. Purposes of the Research: This writing aims to find out the relationship between humans and the soil is very related to the land as a place for humans to live and continue their lives. While eigendom is a right of ownership to a land asset that existed during the Dutch colonial era that is subject to the provisions of Western land law in force for eigendom rights, then with the promulgation of the UUPA, the unification of Indonesian land law with the former Western rights that have not been converted to land rights as stipulated in the UUPA. Methods of the Research: legal writing that is juridical normative approach Results / Findings / Novelty of the Research: that the arrangement of compensation for the right of ownership of the Land of the former Eigendom Verponding 1065 that has not been converted is still possible to obtain proof of ownership, but not through conversion again but through granting new rights to the Office of the National Land Agency (BPN) with a certificate of ownership issued by the village head of the local area. Procedures and stages of land registration carried out by BPN Ambon on former Land objects eigendom 1065 the process of land rights derived from western rights including eigendom verponding to obtain legal certainty, by implementing the provisions of PP No.24 of 1997 consistently, well and truly will be about the right to land eigendom verponding, which ensures legal protection for holders of rights to the land of the former eigendom verponding. then the bookkeeping is simply done by giving a stamp/stamp on the evidence by writing the type of rights and rights number converted, which is regulated in PP Regulation No.24 of 1997 on land registration

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

In this article the author, whose experience in cross-cultural communication as a missionary was used by a group of Australian Aboriginal people among whom he had worked to interpret their demand for title to their traditional land, outlines aspects of the traditional life of the Pitjantjatjara people and their conception of their relation to the land. Edwards traces the history of the dispossession of the land following European settlement, and the history of negotiations which led to the recognition of their title to the land under South Australian legislation. He comments on the role of the churches in these events and reflects on a Christian approach to indigenous land rights, noting that churches in other lands, in their mission work, are also involved with indigenous peoples in struggles to achieve just recognition to title for their land.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

A review on the implications of land tenure regimes on women’s land rights is relevant in the Ugandan context and other countries in Africa due to the fact that land is in many ways the most important productive resource to possess or have access to. Rights over land are associated with social identity and help to regulate what people do with that land as a source of livelihood. Despite the critical contribution of land resource, it is not equitably distributed. The position of women in land accessibility, control and ownership is still precarious under the different tenure regimes in Uganda. A literature review was conducted to assess the implications of the tenure regimes on women land rights in Uganda, with specific reference to the land legality and the legal framework. From the literature reviewed, the study indicates that women’s right to land under the land holding systems are largely limited to access rights but not ownership rights. Ugandan women face significant challenges accessing justice when their rights are violated. The lack of clear distinction between legitimacy and legality of land rights makes it difficult to attain effective women’s rights to land. A combination of contemporary and customary law still restricts land rights of women in that the statutory instruments in place have failed to grant women the right to land. The study recommends that the necessary change required to narrow the gender gap in land rights necessitates simultaneous struggles over the norms and legal structures governing women’s land rights.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

This research to understand management Right which defined in the Government Regulation No. 18 of 2021 Article 1 No. 3 as the State’s ownership right in which a part of the authorization is given to the Management Right holder. The type of research was juridical normative law research, which was a research that emphasizes in written documents as the main law resources, such as regulations, court decisions, law theories, and scholar’s opinions. There were 2 (two) approaches used to support this research. The first one was statute approach, which was done by analyzing all the related regulations and others that were related to currently law issues. One of the authorities that the holder has is to hand in parts of the Management Right land to a third party and/or cooperating with a third party. If the land is used by a third party, then a Land Right has to be given on the land for the third party’s basis to utilize and/or use the land. The handing of Land Rights to a third party must be done with the holder’s agreement. Therefore, the third party uses the land with the right on a certain land that is initiated on the Management Right land. The main issue that will be discussed is what types of land rights that can be given on the lands. This research is a law research with a normative law research method. Besides that, this research uses statute approach and conceptual approach. The conclusion is the land rights that can be given on the land are Building Rights on Land and Land Use Rights.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

In 1978 the Wran Government announced an Inquiry to investigate a range of issues including Aboriginal land rights recognition, the causes of Aboriginal social and economic disadvantage, heritage protection and commonwealth and state relations. The Select Committee, chaired by state member Maurie Keane, in its ‘First Report’ that focused on land rights, not only fundamentally changed the way Government’s liaise and consult with Aboriginal people, the Committee unanimously endorsed far-reaching recommendations including the ability to recover land, compensation for cultural loss and three-tier community driven administrative structure. All of this was set in the context of Aboriginal rights to self-determination and fundamental attachment to land as a cultural relationship and historical reality. The movement for land rights was the culmination of many years of land justice activism, shifting policy at the Commonwealth level and wider international movements contesting colonial rule and racism. More specifically the land rights movement in NSW was galvanised in response to the previous Government’s renewed efforts to assimilate Aboriginal people and revoke reserve lands and the limited land rights recognition made possible through the Aboriginal Lands Trust (herein ‘the Trust’). This paper argues a more focused and pronounced campaign emerged in the mid 1970s whereby land rights ‘time had come’ as a result of Aboriginal political activism and the alliances formed with and among left social movements. This movement created the political climate for the Wran Government’s announcement of the Select Committee Inquiry in 1978.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Abstract The Indigenous Sami people traditionally live in what is now Sweden, Norway, Finland, and Russia. A crucial matter for Indigenous peoples, including the Sami living in Sweden, is that of the recognition of their land rights and access to their traditional lands. This article’s aim is to present and analyse recent case law developments in Sweden that relate to the recognition and protection of Sami land rights, specifically the Girjas and Talma cases, through legal-scientific and textual analyses and relevant legal literature. Both cases concern Sami reindeer herding rights in Sweden and the Swedish state as defendant. These cases raise complex legal issues and historical circ*mstances, demonstrating the need for the Swedish state to treat Sami land rights as equal to other civil rights in Swedish society, in line with international human rights law.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Abstract Worldwide, 2.5 billion people today depend on lands managed through customary, community-based tenure systems. Although land and natural resources are recognised as essential elements for the realisation of many human rights, international human rights law does not recognise a human right to land, except for indigenous peoples. With the recent adoption of the UN Declaration on the Rights of Peasants and other people working in rural areas (undrop), the right to land is now recognised for new categories of rural workers. This article explores the governance of land and natural resources beyond the case of indigenous peoples’ rights. It argues that undrop contains key and mutually reinforcing elements of the human rights and collective action approaches to the governance of land and natural resources, and therefore has the potential to ensure the social and environmental ‘viability’ of the commons.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

China’s rapid urbanization and industrialization have continually placed massive pressure on the country’s natural resources. The fragmented departmental administration of natural resources also intensifies the problem of sustainable use. Accordingly, China’s central government has launched natural resource administration reform from decentralization to unification. This study systematically analyzes the reform requirements from legal, organizational, and technical aspects. The right structure of China’s natural resource assets for fulfilling such requirements is examined in this work through a review of relevant legal text, and such a right structure is converted into a draft national technical standard of China’s natural resource administration on the basis of the land administration domain model (LADM). Results show that China’s natural resource administration covers lands, buildings, structures, forests, grasslands, waters, beaches, sea areas, minerals, and other fields. The types of private rights over natural resources include ownerships, land-contracted management rights (cultivated land, forest land, grassland, and water area), rights to use construction land (state-owned and collective-owned), rights to use agricultural land, rights to use homestead land, breeding rights on water areas and beaches, rights to use sea areas, rights to use uninhabited islands, and mining rights. The types of public rights over natural resources include comprehensive land use, urban and rural, sea use, and territory space planning. Furthermore, various types of these property rights can be converted into corresponding classes in LADM on the basis of the analysis of the property subject, object, and rights.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

After the end of Liberia’s civil war in 2003, the country embarked upon the reform of its forest and land legislation. This culminated in the adoption of the 2009 Community Rights Law with Respect to Forest Lands and the 2018 Land Rights Act, which NGOs and donors have described as being amongst the most progressive laws in sub-Saharan Africa with regard to the recognition of customary land tenure. Given these actors commitment to human rights, this article takes the indigenous right to self-determination as a starting point for analysing customary property rights and their implementation in Liberia. This includes the examination of the Liberian concept of the 1) recognition and nature of customary land rights, 2) customary ownership of natural resources, 3) jurisdiction over customary land, 4) the prohibition of forcible removal, and 5) the right to free, prior and informed consent.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The formation of new subjects of land ownership in Ukraine undoubtedly requires the formation of a modern mechanism for legal support of such entities, coordination of their interests both among themselves and with state and self-governing institutions that ensure land protection and protection of land rights property. Therefore, at the present stage of reforming land ownership relations, the content of the principle of equality of subjects of land ownership acquires special significance. The presented work analyzes the relationship between land ownership of the Ukrainian people and other subjects of ownership, the results of which concluded that the principle of equality can not be applied to the Ukrainian people as a subject of land ownership because the ownership of the people applies to all lands within the state border of Ukraine. The article develops the provisions of scientific research that considers the right of ownership of the land of the Ukrainian people as a primary and absolute right that applies to all lands of Ukraine. The peculiarities of exercising the right of ownership within certain forms are also revealed, which differs in a number of key criteria: functional purpose, mechanism of acquisition and realization, order of termination. Therefore, it is concluded that the subjects of land ownership (certain legal forms) have a slightly different scope of rights in the exercise of certain powers, due to the different level of public and private interests. Considerable attention is paid to the equality of subjects of land ownership, which is realized through legal mechanisms of protection of property rights, and is reflected at the level of the Constitution of Ukraine on protection of rights of all subjects of property rights, inadmissibility of illegal deprivation of property Code of Ukraine, on non-interference of the state in the exercise of citizens, legal entities and territorial communities of their rights to own, use and dispose of land. Attention is paid to ensuring the right to protection of land, which applies equally to all subjects of land ownership.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Land is a gift fr0m G0d that must be used t0 fulfill human needs. H0wever there are lands that have been aband0ned by the land right holder for years. Aband0nment of land has been c0mm0nly f0und in many rural areas in Ind0nesia. Aband0ned land is regulated in G0vernment Regulati0n Number 11 Year 2010 0n Disciplining and Emp0werment 0f Aband0ned Land. The land right h0lder is basically prohibited from abandoning the land. However, in case that the right h0lder left the land unused, n0t utilized in acc0rdance with the circ*mstances 0r the purp0se of granting the rights, it leads t0 legal c0nsequences such as the ab0liti0n of the land rights c0ncerned and the terminati0n 0f legal relati0ns and affirmed as land directly controlled by the state. Acc0rding to Article 6 Act No. 5 Of 1960 C0ncerning Basic Regulati0ns 0n Agrarian Principles, all rights 0n land have a s0cial function. The State can all0cate the aband0ned land f0r public interest c0nsidering land has n0t 0nly ec0nomic values, but als0 s0cial values.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

In 1991-92, a conflict over the allodial title to lands in the Kpandai area broke out between the Nawuri and the Gonja, prompting the necessity to interrogate the concept of allodial rights. In Northern Ghana in general, allodial rights in land are ethnicized - the right of absolute ownership of land resided in an ethnic group. Nonetheless, the modes of acquisition of allodial rights in land differ from place to place, though generally they are embedded in the historical traditions of societies. By and large, the modes of acquisition of allodial rights in land by an ethnic group are determined by variables such as autochthonous and conquest rights, lease and gift. This study interrogates the ownership of Kpandai in the pre-colonial period, using, as determinants, tools such as autochthony, conquest, and I overlordship. It argues that allodial rights in lands in the Kpandai in the pre-colonial period resided in the Nawuri by virtue of rights of autochthony and autonomy.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

This study aims to determine the criteria for neglect of privately owned land and to determine the views of the community on abandonment of private land. The type of research used is normative juridical research, which is a type of research carried out based on the main legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. The results showed, Criteria for determining the land has been abandoned, both under No. 11, 2010 is substantially the same which includes wasteland Object land rights, land rights and management that have a basic mastery land; These lands are not cultivated, not utilized or not utilized in accordance with the circ*mstances, or the nature and purpose of the rights or basic mastery Therefore land should be maintained. Wastelands is the land that has been granted by the the state in the form of Freehold Rights, Leasehold, Broking, Right of Use and Right Management, or basic control over land that is not cultivated, it is not used, or not used in accordance with the circ*mstances or the nature and purpose granting basic rights or mastery. Procedure Determination of Soil Abandoned by legislation in Indonesia is divided into four stages are: The first phase of the inventory of land rights or the basis of tenure indicated abandoned, second phase of identification and research of soil indicated abandoned, the third stage alert to the right holder, fourth phase determination of abandoned land Expected Role of Local Government with the authority possessed by him.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

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).

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Indonesia has a close relationship with the earth, water, space, and the natural wealth contained therein, so the land tenure hierarchy in Indonesia places the nation's rights in the highest order. Based on the concept of the nation's rights, only Indonesian citizens are allowed to have full relations with the territory of Indonesia, while foreigners are not allowed. In practice, foreign nationals have abused their rights so that they can have land rights in the form of property rights in which there is a law smuggling action. One of the problems that arise is the recognition of ownership of land rights in the form of islands by foreign citizens. The purpose of this research is to analyze the ownership of land rights by foreign nationals associated with the abuse of rights by foreign nationals, the ownership of land rights in the form of islands by foreign nationals in the Indonesian land law system is associated with the right to control by the state and the concept of land rights. land in the form of islands in the Indonesian land law system. This research uses secondary data which is arranged in a systematic, comprehensive, and integrated manner to achieve clarity of the problem to be discussed. The results of the study show that foreign nationals can have land rights in the form of usage rights and rental rights. This policy is given the embodiment of the principle of justice. but is not allowed to have land rights in the form of property rights. In practice, there are many cases of abuse of rights by foreign nationals which are legal smuggling carried out through marriage, rental agreements with irrelevant terms, and control of usufructuary rights over a land area that violates the rules. The state's right to control land originates from the Indonesian nation's right to land. The state can grant land rights to foreign nationals as long as the land has not been granted other land rights.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The transfer of rights to land is a legal act that results in the transfer of rights from one legal subject to another which can be carried out through the procedures of buying and selling, inheritance and grants. The right to land can be imposed dependent rights that have a material nature (zaaksgevolg) where the right always follows the object. This research uses descriptive qualitative research methods and types of normative legal research that examines the Civil Code, applicable laws and regulations including Basic Agrarian Regulations (Law No. 5 of 1960), Dependent Rights (Law No. 4 of 1996), Land Registration (PP No. 24 of 1997). The transfer of rights to land which is the object of dependent rights in the disputed inheritance provides an explanation of the procedure for transferring rights to land by sale and purchase and inheritance and the protection of parties makes clear the ownership of rights to disputed land. Keywords: Transfer of Land Rights, Dependent Rights, Buying and Selling, Inheritance

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Keywords: civil procedural protection, court, violation of private property rights toland, civil procedure The article is devoted to the study of the historical and legal aspects of the judicial procedure for theprotection of property rights to land in Ukrainian legislation. The author investigates themain stages of legal protection of property legal rights to land, in each historical periodits own characteristics of the aforementioned procedure for the protection of the correspondingproperty right are determined. Considerable attention is paid to the issues ofthe peculiarities of legal regulation and judicial procedure for the protection of propertylegal rights to land. In this scientific article, the author pays considerable attention to thedevelopment of judicial protection of legal property rights to land in the historical periodof the emergence of the independent state of Ukraine (1917−1918 yy). The author of thearticle writes that during this period the legal right to land received significant development:the land plot could be inherited, the right to rent the land could also be inherited.The procedure for the judicial protection of the legal right to land had no legal peculiarities.The author describes that during the Soviet period of Ukraine's existence, there was no legal property right to land. Only the state could have legal property rights to land.This means that the courts did not protect the private property legal right to land. Onlywhen Ukraine became an independent state did a private property legal right to landemerge. During this historical period, a significant number of legal instruments for theprotection of proprietary legal rights to land appeared in the legislation of independentUkraine. The property legal right to land was protected by the court. It is the judicialprotection of the property legal right to land that is democratic and meets the Europeandemocratic standards for the protection of property rights. The modern features of thegenesis of legal protection of property legal rights to land, which are protected by thecourt in the civil procedure of Ukraine, have been investigated. The author has createdand described new stages in the development of civil procedural protection of legal propertyrights to land.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Ownership of land rights in the Waropen customary law community is very important because the land is a legacy of their ancestors which is used to meet their daily needs. The aim of this research is to find out more about land ownership rights from the perspective of the Waropen customary law community. The approach used is empirical, which looks directly at the reality that occurs among the Waropen traditional law community regarding ownership of land rights which are considered a legacy from their ancestors and are used to meet their daily needs. Data obtained from field observations, both primary and secondary, are then analyzed systematically so that the data can be accounted for. The results of this research reveal that the Waropen Indigenous people recognize 2 (two) types of land rights, namely ownership rights and use rights. Residents of the Waropen indigenous community can have property rights in the form of individual rights, family property rights which are the same as household property rights, and clan property rights or customary rights. Property rights in the Waropen language are called Mipena (Sanggei Village) or Risanau. Mipena or risanau in the traditional concept is originally a former garden. Former garden land refers to ownership of land or an area that is owned. Meanwhile, the right to use is the right to use or collect proceeds from land controlled by the state or land owned by another person, based on a mutual agreement between the land owner and the person who will use the land. In the Waropen indigenous community, this right of use can be differentiated into several groups of users of land rights, including the right to use for fellow Waropen people, this transfer is facilitated by the Government, the right to use for pastors, evangelists, teachers, health workers who come to dedicate themselves in the Waropen area and use rights are also given to traders from Bugis, Makassar, Java and Toraja as a place to carry out business activities.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The dispute over the former land of cultivation rights (further will be abbreviated and referred as HGU) on behalf of Sahabudin is an area of ​​65 hectares known to have been controlled by the community, and it is known that he has 29 Ownership Certificates (further will be abbreviated and referred d as SHM), and 2 Land Certificates (further will be abbreviated and referred as SKT) belonging to the community, and the ex-HGU land is distributed by agreement. In the regulations, it is clear that the ex-HGU land is returned to the state, and it is clear that the land can no longer be used for other activities. Juridically and conceptually, problems related to the object of land use rights that come from land rights do not seem to experience problems and are legally justified as long as the process of relinquishing land rights is based on applicable regulations. However, if the procedure for relinquishing land rights is not carried out properly according to the law, it will trigger a conflict between the original right holder and the holder candidate of the cultivation right or the holder of the cultivation right . Based on the experience in several areas, including in Bengkulu Province, the cause of conflict between communities and plantation companies that use land rights facilities, is due to the dispute over ownership of land rights, especially related to compensation for land and growing crops on land that has been released in past times. The objectives of this research are: (1). To determine and describe the factors that cause the authorization of former land of HGU in Jenggalu Village, Seluma Regency, Bengkulu. (2). To identify and describe the efforts to resolve disputes over former land of HGU in Jenggalu Village, Seluma Regency, Bengkulu. The method of this research is empirical methods, data analysis was carried out in a qualitative juridical manner. The results of the study explained that: (1). The factors causing the dispute over the authorization of former land of HGU in Jenggalu Village, Seluma Regency, Bengkulu Province are the agreement on the distribution of land with Cultivation Rights, Expiration of Cultivation Rights and the issuance of SHM and SKT on HGU lands. (2). Efforts to resolve land disputes with ex-HGU in Jenggalu Village, Seluma Regency, Bengkulu Province are: efforts to settle out of court through the Regional Leadership Coordination Forum (Further will be referred as Forkopimda) meeting and the Land Office and efforts through civil lawsuits at the Tais District Court. Keywords: Settlement, Dispute, Former land of HGU.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Management rights on Land (HPL) is right outside in Act. No. 5 of 1960 on Basic Regulation on Agrarian Principles (UUPA). Management rights on Land (HPL) are state control rights whose implementation authority is partly delegated to management rights on land (HPL) holders. UUPA does not regulate about Management Rights on Land (HPL) which causes problems both in the realm of regulation and practice which creates confusion, chaos and does not reflect justice as the value of the fifth principal of Pancasila. The writing of this law uses a normative-juridical method, using primary legal materials, and secondary legal materials. In practice, initially there was a tendency for Management right on Land (HPL) to only be intended for the "strong economy" or investors and negated the "weak economy" group such as customary law communities. Government Regulation No. 18 of 2021 on Right to Manage, Land Rights, Multi Story Housing Units and Land Registration which is the latest legal basis for management rights on land (HPL) emphasizes the basic principles of management rights on Land (HPL) which are expected to provide justice, especially for the "weak economy" group in the context of improving their standard of living and management rights on land (HPL) will not in fact become a source of agrarian conflicts in the future.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

State land is land directly controlled by the state as stated in Government Regulation No. 24 of 1997 on Land Registration. State land is not an object of Mortgage Rights, the object of mortgage is the right to land with the status of “Right of Ownership”,” Right to Exploit”, Right to Build” and “Rights to Use” as described in Article 51 of BAL in Article 4 UUHT. Because state land is not the object of mortgage rights, it is not justified if the state land is guaranteed as the repayment of debtor's debt which is tied up with Power of Attorney Charging the Deposit Rights. In this case, the debtor is a legal entity of a Limited Liability Company engaged in real estate which has located permission for land acquisition. The land to be acquired has the right of ownership status which is then released by the owner with the provision of compensation. After the release of the land rights, the released land will become state land as set forth in Article 19 of the BAL. This is the land which is released as collateral by the debtor to the creditors.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Land acquisition for public purposes is an activity intended for the public interest that uses community land. To be able to carry out development in the public interest, the government uses state land. If state land is not sufficient or cannot maximize development, the government can use land from individuals or groups by carrying out the land acquisition. In implementing land acquisition, the land acquisition team must pay attention to the rights of the people affected by land acquisition. Irregularities that often occur in the implementation of land acquisition are related to discrimination, intimidation, and violence. These rights are included in human rights, which must be upheld and protected because this is closely related to property rights. Human rights give an understanding that the right to own something is the right of every citizen, including the right to own land is one of the human rights inherent in each person per person in groups. While property rights must not be taken arbitrarily and against the law, such matters are regulated in Article 28H of the 1945 Constitution. This paper concludes that the construction activities of the New Yogyakarta International Airport (NYIA) carried out violated human rights; this is because the land acquisition team has committed violence, discrimination, and violence against the people affected by land acquisition. The form of legal protection provided by the government is proper compensation.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Building rights on land can have effect on state land, right-of-management land, andproperty-right land. Building rights on land over right-of-management land can beattained through land-use agreement, whose issuance should be under approval of districtland office. Its extension period should be under written approval of the owner ofmanagement right. This research applies legal-research method, particularly normativelawresearch. This means that it examines an issue based on the existing laws, especially the ones related to land issues. And this research embraces both statute and conceptual approaches. The right to build on a pot of right-of-management land is proceeded by mutual land-use agreement between the owner of management rights and the prospective owner of building rights. The former has the full authority whether or not to approve the extension period for the latter. Also, the former has the capacity to decide the compensation rate, the terms and conditions which the prospective owner of building rights must abide by. The detailed articles on the above aspects should be put in written on a notarized deed or on a sub-rosa deed by the two parties.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Land-use conflicts highlight several myths about property rights. The central myth is that property rights are linked to natural rights, that property rights are durable and unchanging, and that any interference with these property rights requires public compensation. However, particular settings and circ*mstances lead to conflicting rights claims which the courts must sort through to determine where the more compelling rights claim resides. Situations are not protected because they have property rights. Rather, those situations found worthy of protection by the courts acquire the status of a property right. Property rights are not discovered, but are created by the courts. Applied economists must build models of property rights conflicts predicated upon an epistemology of volitional pragmatism.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Article 41 paragraph (2) of Law No. 2 of 2012 on Land Procurement for Development in the Public Interest states that, when granting Compensation of Parties Entitled to receive Mandatory Compensation, a. exercising the release of rights; and b. submit evidence of ownership or ownership of Land Procurement Objects to Agencies that require land through land institutions. In the court's ruling stated that the boundaries of the land should be mentioned and how much extent was waived and the rest how much, and the procedure of disengagement of the right there was preparation, planning, implementation and release, and the release of the land rights was always followed by compensation, because this is an unlawful act. The results of this study show that, the release of land rights by the government in the land registration process in the court's ruling states that if 6 (six) landowners relinquish the right, it must be 6 (six) people who relinquish their rights if only 2 (two) are invalid, then a new land is said to be state land after the release of his rights. Any release of land rights must have a reason there can't be no reason land is being released to the state. The procedure for the release of that right is there is preparation, planning, implementation and release, and the release of the land rights is always followed by compensation.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The article examines the normative legal acts of land legislation that were adopted in connection with the introduction of martial law in Ukraine from February 24, 2022, analyzes the practice of their application, and also substantiates the system of restrictions on citizens’ land rights under martial law. It has been proven that land rights are not included in the list of rights that cannot be restricted under martial law conditions according to Art. 64 of the Constitution of Ukraine, therefore, in the conditions of armed aggression of the Russian Federation, starting from February 24, 2022, such rights were limited in Ukraine, taking into account state needs and interests. The article substantiates that the system of restrictions on land rights of citizens under martial law consists of: a) restrictions on the rights of citizens - owners of land plots, namely: requisition; restriction of the right to dispose of a plot of land (renewal of contracts regarding privately owned agricultural plots of land without the consent of their owners and the transfer by tenants, sublessees of privately owned agricultural plots of land of lease, sublease rights to other persons without the consent of their owners); limiting the powers of land plot owners regarding the possession and use of such plots in terms of granting consent for access to such plots, as well as the right to compensation for damage caused by land plots by lawful actions; b) restriction of the rights of citizens - users of land plots, in particular the rights of tenants of agricultural land plots, c) restriction of the right of Ukrainian citizens to privatize land plots, d) restriction of the right to land information. The authors emphasize that the land legislation, which establishes restrictions on the land rights of citizens under martial law, is not always consistent and often causes problems during the implementation of these restrictions, which necessitates further legislative changes and/or new judicial positions.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

In civil law, land is included in registered objects. Therefore ownership of land rights must be registered, for legal certainty. Land registration is regulated in PP No. 24 of 1997 concerning Land Registration. However, there are still many lands that have not been registered, to overcome this the government has issued a comprehensive systematic land registration program (PTSL) based on Minister of Agrarian Regulation No. 6 of 2018. The aim of this program is to provide legal certainty and legal protection for land rights owned by the community. The Complete Systematic Land Registration Program (PTSL) provides an opportunity for people who have not registered their land that is located throughout Indonesia in one village or village area. As in the Lima Puluh Kota Regency, there are still many lands that have not been registered, the people obtained them from buying and selling under their hands.The formulation of the problem in this thesis is firstly how is the land registration procedure with the basis of under-selling rights of purchase under the complete systematic land registration program (PTSL) at the fifty-city district land office ?; second, what are the obstacles in the implementation of land registration on the basis of the right to buy and sell under the complete systematic land registration program (PTSL) at the fifty-city district land office? The specification of this research is analytical descriptive, with a normative juridical approach, which is supported by an empirical juridical approach. The data used are secondary data as primary data and primary data as support, which are collected through literature studies and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. The results of the research and discussion of this thesis can be concluded that the procedure of land registration with the basis of the rights under the hand in the PTSL program in fifty cities is carried out with the stages of planning, location determination, preparation, formation and establishment of the PTSL adjudication committee and task force, counseling, physical data collection and collecting juridical data, researching juridical data for proving rights, announcing physical and juridical data and ratifying it, affirming conversion, recognizing rights and granting rights, accounting for rights, issuing certificates of land rights, documenting and submitting the results of activities and reporting.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The certificate is a proof of ownership that is strong, this certificate comes from land rights which are the right to use and exploit the land which it occupies. Rights to land are also divided into Property Rights, Cultivation Rights, Building Use Rights, Use Rights, Rental Rights for Buildings, Use Rights and Temporary Land Rights. In this case the author will only explain the ownership rights related to legal issues, namely the right of ownership. Property rights are the strongest and most complete rights that humans can have. This right is obtained based on land registration. Own land registration is carried out by the authorized party, namely the National Land Agency. But in this case on the island of Pari, the certificate was declared maladministration by the ORI which caused the author to write about the validity of the certificate of land ownership based on law. With the formulation of the problem, how is the validity of the Certificate of Property Ownership according to uupa and Government Regulation Number 24 of 1997 related to the statement of maladministration by the ORI? and What are the legal consequences for certificate holders due to the administrative maladministration? By using explanatory research methods. In this case the researcher gets the result that in the process of land registration the measurement process is not carried out which is one of the requirements to obtain physical data and there is no announcements must be made because to provide an opportunity to file an objection.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The article is devoted to the problem of legal protection of the rights and obligations of land users in the field of land restoration. The article emphasizes that a significant part of lands, regardless of their purpose, requires urgent restoration measures, however, scientific works highlight only certain aspects of legal protection and restoration of lands, as well as a comprehensive analysis of issues related to ensuring the realization of the rights and fulfillment of the obligations of owners and users of land plots for their protection and restoration actually do not exist. The article emphasizes that the content of legal relations consists of subjective rights and legal obligations. The viewpoints of scientists regarding the specified concepts were studied. Attention is drawn to the fact that legal relations in the field of land restoration belong to the active type of legal relations, because the provision of land restoration requires active actions on the part of the obliged entities. The main legal relationship for land restoration is a legal obligation that manifests itself in the active behavior of the obligated person in order to ensure the subjective rights of other subjects. The general rights and responsibilities of land plot users under current land legislation have been analyzed. Legal conflicts and gaps in the specified area have been studied. It was emphasized that land plots should be restored by both their owners and users in the process of their exploitation. It is proposed to make appropriate changes to the land legislation regarding the expansion and systematization of the rights and obligations of land plot users. The author examines the grounds for compulsory termination of rights to land plots. The author emphasizes the peculiarities of the grounds for compulsory termination of the right to use a land plot, which is the failure to eliminate the committed violations of the law by the land user. Some attention is paid to the problem of land restoration in the conditions of hostilities. The issue of compensation for damages caused as a result of emergency situations and armed aggression was investigated. Legislative norms aimed at determining damage and compensation for damage to owners and users of land plots have been analyzed.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The purpose of Special Autonomy for Papua is to resolve the source of the problem in Papua, especially concerning the rights of indigenous peoples. Normatively, the background of local autonomy for Papua is affirmed in Act No. 21 of 2001 on Papua Special Autonomy. The results shows that the recognition and protection of the land rights of indigenous peoples have been set clearly in the national legal system, such as Agrarian Law, Forest Law, as well as in Mineral and Coal Mining Law. However, recognition and protection of indigenous peoples’ rights to land in various legal products is still ambivalent. The essence of protection of indigenous peoples’ rights to land is also clearly regulated in Act No. 21 of 2001 and Perdasus No. 23 of 2008 has put customary law community on ownership of communal land is not the object of development, especially in the field of investment. The customary right and indigenous land which is the property and become an authority on indigenous peoples must be recognized by the government and regional and national communities about its presence. Therefore, the government should strive to protect the customary right through regulation of the Ministry of Agrarian and Land Agency and other laws related to the issue of customary rights, customary lands, indigenous peoples and their authority.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

AbstractThis article identifies the emergence of the right to land in international human rights law, and which measures of implementation are called for to ensure the full realization of this right. In certain contexts, the right to land may be seen as a self-standing right, whether it is protected as an element of the right to property, whether it is grounded on the special relationship of indigenous peoples to their lands, territories and resources, or whether it is a component of the right to food. In other cases, the right to land may be said to be instrumental to the right to food: it is protected as an indispensable means through which people can produce food, for their own consumption or as a source of income allowing them, in turn, to purchase food. In making the case for the explicit recognition of the right to land in international human rights law, this article recalls the current pressures on land; it examines the protection of landusers in their existing access to natural resources; and it discusses whether agrarian reform may be seen as a component of the progressive realization of the emerging human right to land.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Cultivation Right are rights to exploit land which is directly controlled by the state for agricultural, fishery or livestock companies for a period of time. One of the reasons for the removal of the cultivation right was because it was neglected. cultivation rights is one of the land rights that can be used as collateral for debt and encumbered with mortgage rights. The write-off of the mortgage rights because the write-off of land rights that are encumbered with a security right does not cause the guaranteed debt to be written off. In practice, the abolition of the cultivation right which is being subject to mortgage rights due to a decision to determine abandoned land creates confusion regarding the repayment of debts between the debtor (PT. Karatau Limo Sajati) and the creditor (PT. Bank Rakyat Indonesia Tbk.) And the difficulty of utilizing the former cultivation right object which is has been designated as abandoned land. The problems in this research are 1) how is the process of controlling cultivation right as an object of abandoned land in Solok Regency ? 2) what is the position of the mortgage rights above the cutivation rights which has been designated as abandoned land in Solok Regency ? 3) how is the utilization of the ex-cultivation rights land on which a mortgage has been imposed after it has been designated as abandoned land in Solok Regency ? The approach method used is juridical empirical, the nature of the research is descriptive analytical, the research data used is in the form of primary data, namely through interviews with sources and literature study to obtain secondary data. The data is processed systematically and analytically. The results showed that 1) the control process of PT. Karatau Limo Sajati as an abandoned land object which is carried out by means of inventory, identification and research, warnings, the proposal to determine abandoned land and the determination of abandoned land can actually be canceled through a lawsuit to the PTUN based on the weaknesses in the warning process. 2) the position of the mortgage over the cultivation rights which has been designated as abandoned land has been abolished, but the abolition of the mortgage because the termination of the land title does not cause the guaranteed debt to be canceled and subsequently the debtor's debt repayment is regulated in Articles 1131 and 1132 of the KUH Perdata. 3) The utilization of the ex-cultivation rights land on which a mortgage is imposed after it is designated as abandoned land is subject to a delay from BPN RI.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Abstract Over the last two decades, women leaders known as sulāliyāt from various parts of rural and semiurban Morocco, have been in the vanguard of local contestations over the privatization of communally held land. The stand taken by these rural women against neoliberal privatization policies sometimes puts them in direct confrontation with urban women reformers, whose claims in favor of a universal feminism reveal a value system outside local customary understandings of morality, gender, and land. This article aims to account for the emerging female leadership of the sulāliyāt that operates outside urban centers, but also beyond the universalist language of feminism related to abstract notions of female autonomy and gender equality. Deeply rooted in socioeconomic issues, including land expropriation and the displacement of local peasant populations in the name of reform, development, and a public common good, sulāliyāt tie gender dynamics to the intersectional structural inequalities produced and reproduced by land privatization and by the alliance between the open-market economy and patriarchal political authoritarianism. This article explores the subaltern agency of the sulāliyāt through an interdisciplinary examination of their leadership. The sulāliyāt challenge to official narratives of development and universalist human rights signals their capacity to formulate alternative local meanings of land ownership.

APA, Harvard, Vancouver, ISO, and other styles

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Land tenure is an individual relationship to the land. Vietnam applies a regime of universal ownership of land. The land belongs to all the people of Vietnam, but the State represents the owner. Land ownership in Vietnam includes three fundamental rights: the right to possess, use, and dispose of land. When the State allocates land to land users, it only assigns them the right to own and use land. This article evaluated one out of eight rights to dispose of land by the State, land acquisition. Data was collected from a survey with 100 land-expropriated households, five interviews with authorities at all levels, and five interviews with households living next to the study area. The results show that land acquisition does not ensure fairness for families who lose land. Compensation rates are six to eight times lower for agricultural land. The right to access land information is also not appreciated when people do not know their household compensation details. Another inequity was also seen between households who lost land and those living around the land acquisition project.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Mortgage right are the security rights imposed on land rights. On April 9, 1996, Law Number 4 of 1996 was enacted on the Land and Property Rights related to the land, or more briefly referred to as UUHT (Law on Mortgage Rights). UUHT seeks to provide legal certainty and protection to all parties in utilizing the land as an object of Mortgage Rights.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Land is a social symbol in society where control of a plot of land also symbolizes the value of honor, pride and personal success so that economically, socially and culturally, the land owned becomes a source of life, a symbol of identity, the rights of honor and dignity of its supporters so that it is necessary, registration arrangements land as the implementation of control of ownership rights over the land. Because land has economic value, land rights are traded or rights can be transferred through grants, buying and selling, inheritance and others. The transfer of land rights is usually carried out through the process of making a deed, either a sale and purchase deed, a deed of inheritance or a deed of grant signed by the parties having an interest in the transfer of rights to the land. And the making of the deed of transfer of land rights must be carried out in the presence of a notary / official who makes land deeds, so that the deed of transfer of land rights can have evidentiary power either as deeds in the judicial system or deeds that serve as the basis for making certificates. In the transfer of land rights, the principle of nemo plus juris is known, which protects the real rights holder and the principle of good faith, which means protecting people who in good faith obtain a right from the person suspected of being the legal right holder. This principle is used to provide evidentiary power for maps and public lists that exist in the Land Office.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Valuation of land use rights is one of the steps to ensure the lawful rights and interests of people whose land is recovered. In Vietnam, the state's valuation of land use rights upon land recovery is conducted and decided upon by competent state agencies. The process of industrialization and modernization to develop the country requires the State's valuation of land use rights upon land recovery to ensure the market principles. However, the 2013 Vietnam Land Law has yet to reflect this principle in the regulations on land use right valuation when the State recovers land. Therefore, the system of regulations on principles, subjects participating in the valuation of land use rights, and the process of conducting this activity must be completed to ensure the balance of interests between the State and the persons whose land is recovered. Through clarifying the concept of market principles when the State recovers land, the article proposes solutions to improve regulations on the principles, subjects, methods, and process of land use right valuation when the State recovers land in Vietnam.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

In South Sumatra Province, there is a traditional institution that is still alive today, namely the business of catching fish and other aquatic products in the Lebak Lebung area. Lebak Lebung is an area of land that declines around the river which is naturally in the rainy season all waterlogged so that it becomes a breeding ground for fish and other aquatic biota. Meanwhile, in summer this area of land becomes dry, making it a place for people to work on rice fields or other businesses. In this area of land there is a fairly deep part where the water does not dry out even in summer, this is called Lebung. There are two types of Lebak Lebung, namely the General Lebak Lebung which is located on the Tanah Marga and the Lebak Lebung Heritage which is located on customary land. Based on the provisions of Article 19 of the UUPA and its implementing regulations, any land rights must be registered with the local Land Office, including the rights to the Lebak Lebung Heritage land. Therefore, the center of discussion in this paper is the implementation of the registration of land rights in Lebak Lebung Heritage based on the Basic Agrarian Law (UUPA) and its implementing regulations. By taking into account the UUPA and its implementing regulations as well as the opinions of experts in related fields, the implementation of the registration of land rights in Lebak Lebung Heritage based on the Basic Agrarian Law and its implementing regulations is carried out by means of the land owner submitting an application for confirmation of conversion and registration of former Indonesian land rights to the local Land Office, provided that: 1) Regarding the rights that have been described in a land title certificate, the application must be accompanied by: (a) proof of evidence (if any, a letter of measurement is also included); (b) proof of valid citizenship of the person having the right; (c) a statement from the applicant that the land is agricultural land which is the area of Lebak Lebung Heritage, that is, if this is not evident from the proof of the rights mentioned above. After the requirements are declared complete, then announced to the public for two months. If there is no objection, the Head of the Land Office confirms the conversion of the land rights by registering the rights concerned in the land book. At the request of the entitled, then a certificate of land rights is issued; 2) Meanwhile, for rights that are not described in a land title certificate, the application must be accompanied by: (a) proof of entitlement, namely proof of Indonesian plantation/verponding tax certificate or proof of letter of granting rights by the competent authority (if any, a measurement letter is also included); (b) a letter from the Village Head, confirmed by the local Camat, confirming the letter or letters of proof of the right, explaining that the land is agricultural land which is the Lebak Lebung Heritage area, explaining who has the right, if any, accompanied by a derivative letter - letter of sale and purchase of the land; (c) proof of valid citizenship of the person who has the right. After the requirements are declared complete, then an examination is carried out by the Land Examination Committee A, the results are announced to the public for two months. If there is no objection, the applicant is given a recognition of rights. In the decision letter on the recognition of the right, it is confirmed that the conversion of the right to property rights, building use rights, business use rights, or use rights will be registered by the Head of the relevant Land Office. Then at the request of the entitled, then a certificate of land rights is issued.

APA, Harvard, Vancouver, ISO, and other styles

APA, Harvard, Vancouver, ISO, and other styles

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

<p class="JudulAbstrakInggris"><em>Juridical Issues Regarding Transition of Land Rights in the Object of Disputes</em></p><p class="JudulAbstrakInggris">Abstract</p><h1>Land is a place for human settlements as well as a source of livelihood for those who make a living through agriculture and ultimately land is also the last place for people to die. The law regarding land in Indonesia is influenced by a colonial legal system. This is because for hundreds of years Indonesia was colonized by the Dutch, so that there are two kinds of land ownership, namely lands with western rights and lands with customary rights, of course different about the transition, in terms of buying and selling, also ways of legal protection and legal certainty for the land owner concerned. Transition of land rights is a legal action aimed at transferring rights from one party to another. When someone has transferred his rights (land rights), to someone else "legally" then that person has no more rights to the land that has been transferred since the transfer of rights. The purpose of this study was to find out the process of transferring land rights in the object of the dispute and to find out the judges' consideration in deciding on land rights cases. This type of research is normative ayuridis. The nature of this research is descriptive analytical.</h1><p class="JudulAbstrakInggris"> </p>

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

This study aims to analyze: 1) The implementation of the change in Building Use Rights on land for residential houses to become Ownership Rights that are encumbered with Mortgage Rights. 2) The legal consequences of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights. This study uses an empirical juridical approach, namely an approach by reviewing the laws and regulations relating to the issues to be discussed, and also a field approach to obtain information as supporting material. The specification of this research is descriptive analytical, which describes the applicable laws and regulations associated with legal theories and practices of implementing positive law regarding these problems. Based on the results of the study obtained the results: 1) The implementation of the change of building use rights on land for residential houses into ownership rights that are encumbered with mortgage rights, namely starting from the Applicant must first obtain written permission from the Bank holding mortgage rights, that there will be changes to rights, namely building use rights will be upgraded to property rights. After receiving from the bank, the applicant or his proxies submits a request to change the Right to Build on the land for a residential house that is being encumbered with a Mortgage into a Property Right at the Land Office of Semarang City by bringing all the requirements, after verification, the application file is forwarded to the data processing officer, the abolition of the Building Use Right and the abolition of the Mortgage Right concerned in the land book and certificate as well as other general registers as well as recording the Ownership Rights on the land of the former Building Use Rights by mentioning the decision on which the ownership rights were based. 2) The legal consequence of changing the Right to Build on land for residential homes into Ownership Right which is encumbered with Mortgage Rights is the nullification of the right to use the building to become property rights. However, the abolition of the right to use the building does not result in the abolition of the guaranteed debt. This is in accordance with the nature of the agreement for granting Mortgage, namely as a complementary agreement (accessoir), Article 10 paragraph (1) UUHT.

APA, Harvard, Vancouver, ISO, and other styles

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

The process of the occurrence of use rights over land is based on statutory regulations and government regulations to prevent misuse of the administration process. However, in this era of increasingly modern life, there are many disputes relating to control and use of land for public, individual and private interests. The right to use is not at all a new land rights institution, but it is less well known than the ownership rights, land use rights, or building use rights, for that it requires a correct understanding of the right to use in order to use it responsibly. The purpose of this paper is to study and analyze the arrangements for use rights over land with ownership rights and to study and analyze the process of settling usufructuary disputes over land with ownership rights. The method used in this research is the normative juridical method using the statute approach and the conceptual approach, and the case approach is then studied and used as material for descriptive analysis in order to obtain answers to the problems that occur. The results of the research show that the regulation of use rights over land with ownership rights is very important because, when the right to use stands, buildings or objects become assets of the recipient of the right to use. So when the right of use expires or is canceled it will have a legal effect on the objects on it, thus it is hoped that there must be regulations governing objects or buildings that are included in the relinquishment of use rights even though there is an agreement made by the parties.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Land is a valuable asset that has historical value. To avoid legal complications down the line, it is crucial to ensure that the land is officially titled and registered in the owner's name. Obtaining ownership rights for land can take place either through the inheritance process or by obtaining land certification. However, if the inherited land does not have a certificate, it can cause problems in the division of the inherited property. Legalisation of uncertificated inherited land is important to provide legal certainty for the heirs. The research in this study employs a normative juridical approach, which involves legal research grounded in statutory regulations. The process of legalising inherited land without a certificate can be done by first arranging the Death Letter / Death Certificate of the Heir, then after obtaining the letter, a Certificate of heirs can be submitted first along with a Certificate of ownership from the Lurah / The Head of the Village along with a certificate indicating that the land has not undergone certification, then a new application for registration of the land can be submitted. Land registration aims to ensure a person's right to land, prevent border disputes, and determine the amount of tax. Through registration, an individual can secure clarity regarding their land rights, encompassing ownership rights, business use rights, building use rights, and various others. Many lands are not yet certified due to sub-optimal land registration and people's inability to apply for certificates. Factors that hinder the community include high costs, lack of understanding of registration procedures, and the process is complicated and complex.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

As the global population continues to urbanize, increasing pressure is put upon urban centers and the carrying capacity of the already built-up areas. One way to meet these demands is horizontal expansion, which requires new lands to become incorporated into urban centers. In most cases, this demand is met by converting peri-urban land into urban land as the urban center expands. These processes of expansion into the peri-urban, however, create tension regarding land use and land rights, and may foster tenure insecurity if not well managed. As in many countries, Ethiopia is experiencing extensive urban population growth and the peri-urban areas at the edge of urban centers are under pressure. This study investigates land rights issues and tenure security conditions of peri-urban farmers in the case study sites of Addis Ababa and Hawassa. The findings reveal that urban expansion into the peripheral agricultural lands and the resulting tenure system change has caused intense perceived tenure insecurity among peri-urban farmers. The range of land rights exercised differs in these two sites, as measured by the property rights analytical framework. Peri-urban farmers in Hawassa hold weak owner positions, enabling them to exercise thicker rights. However, peri-urban farmers in Addis Ababa hold weak claimant positions, which is slightly above the operational level right of an authorized user. This analysis suggests that the urban development and expansion strategies adopted by the respective city administrations are impacting land rights of the peri-urban farmers and their tenure security, albeit in unique ways, from which lessons can be drawn about how urban expansion policies can be more appropriately designed and implemented.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

This paper aims to examine the regulation of land use by the Limboto Lake community. This study uses an empirical juridical approach. The study results show that the regulation of land rights, especially land along the banks, has been regulated by the government and local governments, starting from laws and regulations, regional regulations, and other decisions. The existence of laws and regulations has given legitimacy to the state, in this case, the government, regarding the control and utilization of the land on the banks of the lake because the state legally owns the land on Lake Limboto. However, the fact is that the land on the banks of the lake has changed its function to become a community settlement. , making it difficult to carry out an inventory of the surrounding population. In order to prevent mismanagement or management that is not based on the rule of law, it is necessary to have clear and accurate boundaries regarding the allotment of areas/zones for various interests so that there is no overlap between the government and the land agency, considering that some community lands already have land rights (land certificate). Thus, an alternative solution to save the lake is establishing a zoning system.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Management Rights Title is the right to control over the land from the state authority delegated to the holder partial implementation. Land with Management Rights Title may be granted to another party one through Building Rights Title. The whole provisions governing Building Rights Title generally applies to Building Rights Title on the land Management Right Title. No Regulation Legislation that specifically regulates the building standing on the Management Rights raises the issue of how if Building Rights Title will serve as collateral and then how protection for creditors at the time of going to execute if the party becomes the debtor defaults.

APA, Harvard, Vancouver, ISO, and other styles

Abstract:

Land as school infrastructure is often neglected in the certification process. This research emphasized that school land certification is essential and whether it automatically includes authority over everything on it, what land rights can be given to the school, and how it is carried out. This research used the normative juridical research method by leaning on empirical research. Secondary data taken from library research dominates this research. The data was obtained through document studies or library studies. Furthermore, some primary data was obtained through observations. Land certificates is a piece of solid evidence to ascertain the rights of the education provider as the subject of rights so that they can defend their rights from claims by other parties. However, it does not automatically cover all authority over what is on the land because it is a part of the horizontal separation principle. School land can have the status of State land and can also have four types of land rights owned by the education providers, namely Freehold Title, Building Right Title, Cultivation Right Title, and Mortmain (Waqf) right. The rights can be obtained through sporadic registration or complete systematic land registration. The availability and readiness of facilities and infrastructure are essential in 21st-century education and learning because they will significantly affect learning.