Legal Aspects of Land Rights and the Use of Land in Asia, Africa, and Europe

2016 ◽  
Keyword(s):  
Land Rights ◽  
Legal Aspects

KESADARAN HUKUM MASYARAKAT KABUPATEN TEGAL TERHADAP PENDAFTARAN HAK ATAS TANAH

Authentica ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Bha'iq Roza Rakhmatullah
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Legal Aspects ◽  
Time Limit ◽  
Economic Community ◽  
Land Registration ◽  
Transfer Delay ◽  
Legal Effect ◽  
Strict Enforcement ◽  
Rights Transfer

The registration of land rights in the Land Office has a time limit. This paper discusses about why the community of Tegal Regency has not yet had legal awareness to the registration of land rights transfer, how the legal effect on the delay of registration of land rights transfer based on the purchasing deed of the Making Land Deed Official by the receiving party rights, and how to solve public legal awareness and solutions to land registration delays. The method used in this research is by the Socio-Legal approach that is an approach which is done or used to be a reference in highlighting the problems of applicable legal aspects. the community of Tegal Regency, especially the weak economic community have not yet had legal awareness to register the transfer of land rights based on purchasing deed of the Making Land Deed Official to Tegal Regency Land Office. Suggestion from this research is The existence of strict enforcement of sanctions to unscrupulous officials of the Land Office who make irregularities, all stakeholders make a memorandum of understanding together in the context of registration of the transfer of land rights, revision of article 40 paragraph (1) Government Regulation Number 24 the Year 1997.Keywords: Land Rights Transfer, delay, Community Legal Awareness

scholarly journals Legal Protection of Holders of Land Loss Data In The City Land Office of Kendari

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 159
Author(s):  
Bahrul Alam ◽  
Akhmad Khisni
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Land Rights ◽  
Field Studies ◽  
Legal Aspects ◽  
Data Recovery ◽  
Primary Data ◽  
Public Land ◽  
The Impact ◽  
Land Records

The purpose of this study as follows: 1) To identify and explain the legal protection of land rights holders as a result of the loss of data in the land office Kendari. 2) To identify and explain the impact of the destruction of land records of the rights on public land in Kendari. 3) To identify and explain the legal aspects of the legal protection of land rights data recovery results.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview BPN in Kendari.Secondary data were obtained from literature studies. Based on the results of research that legal protection to the right holder on the ground due to the loss of data in the land office are: 1) BPN only provide legal protection to the certificate of land rights have been restored archives; 2) The purpose of data recovery is providing legal protection for the land rights archives destroyed. BPN perform data recovery and ratify certificates and land books and letters Perkaban the measure under Article 18, Act No. 6 of 2010. The destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights. The impact of the destruction of land records of the rights on public land in Kendari are: 1) the destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights; 2) the impact of the destruction of land records lead to certificates of land rights before the restored data can not be used as evidence to take legal actions; 3) loss or destruction of land records will not necessarily be able to eliminate / abolish the rights to the land concerned. Legal aspects of the legal protection of land rights data recovery results are 1) a substantial aspect, 2) structural aspects, 3) cultural aspects.Keywords : Legal Protection; Rights to Land; Land.

Colonialism, Constitutionalism, Costs and Compensation: A Contemporary Comparison of the Legal Rights and Obligations of and towards the Scandinavian Sami and Indigenous Australians

1999 ◽  
Vol 68 (1) ◽  
pp. 31-52 ◽  
Author(s):  
◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous People ◽  
Land Rights ◽  
Legal Aspects ◽  
Cultural Development ◽  
Sustainable Growth ◽  
Legal Rights ◽  
Language Recognition ◽  
Indigenous Human Rights

AbstractAn earlier article addressed recent developments in Australia concerning indigen-ous land rights and outlined political and legal aspects of the debate surrounding that. This is a more specifically comparative study that seeks to compare the legal aspects of the land rights of Australian indigenous people with the legal aspects of the land rights of the Sami people in Scandinavia. The paper recognises from the outset that these two parts of the world possess different legal histories, but argues that in the modern international context, comparisons can be drawn with respect to indigenous human rights. Further, the paper contends that in both these societies, there have been advances and retreats and that only full governmental commitment to the principles of international law will ensure that the human rights of the respective indigenous people advance.In looking at comparative indigenous rights, or the failure to achieve rights, the focus is on property, including consideration of inclusion/exclusion of native people as citizens, the effects of colonization and relative access to goods and services, language recognition, rights of cultural development and protection of heritage, as well as practical implications in controlling other forms of development and fostering sustainable growth. We broaden the consideration of indigenous human rights to include matters of compensation and costs. Our overall contention is that it remains one of the principal challenges for both Australian and Scandinavian law to identify and translate co-existence and human rights for the indigenous people of those nations. In framing any such legal measures, governments will have to confront wider political issues of tolerance, sovereignty and citizenship. The dilemma for Australian Aboriginals is that the chance to remain Aboriginal may have to involve an appeal to the prin-ciples of international law whereas in Scandinavia the recognition of Sami reindeer herding has generally failed to foster broader rights to land and natural resources although there are some signs that this is emerging in Norway.

scholarly journals Penentuan Nilai Pemungutan Pajak Bea Perolehan Peralihan Tanah oleh Pemerintah dalam Penyelenggaraan Otonomi Daerah

2020 ◽  
Vol 1 (2) ◽  
pp. 57-61
Author(s):  
I Gde Chandra Astawa Widhiasa ◽  
I Wayan Arthanaya ◽  
Luh Putu Suryani
Keyword(s):  
Land Rights ◽  
Legal Aspects ◽  
Empirical Method ◽  
Regional Government ◽  
Government Regulations ◽  
Regional Autonomy ◽  
State Revenue ◽  
Land Title ◽  
Finance Development ◽  
Government Authority

One of the authorities possessed by the regional government is in terms of tax collection, one of which is the Land Title Acquisition Fees (BPHTB) carried out by the Regional Revenue Agency. The legal basis is Law Number 28 of 2009. The proceeds of the revenue which constitute state revenue are handed over to the regional government to finance development in the regions and realize regional autonomy. This study aims to identify and describe the basis for local government regulations to determine the value of an object of land rights as a tax object and to regulate the authority to collect BPHTB in relation to local regulations. Researchers used an empirical method, namely an approach with legal aspects from the results of research in the field through data collected through interviews and observations. The results of research which are based on BPHTB which are the final results of BPHTB are the results of the Acquisition of Tax Objects (NPOP). NPOP is stipulated in Article 87 of Law No.28 of 2009 concerning Regional Taxes and Regional Levies. Fees for acquisition of land rights that were not previously imposed in the case of transfer, with the issuance of Law Number 21 of 1997 which was later bound by Law Number 21 of 2000 which gave regional government authority to impose it.

scholarly journals Pendaftaran Peralihan Hak Atas Tanah Berdasarkan Akta Pengikatan Perjanjian Jual Beli di Kota Padang

2020 ◽  
Vol 5 (1) ◽  
pp. 79
Author(s):  
Vicia Elittrosint
Keyword(s):  
Land Rights ◽  
Legal Aspects ◽  
Title Registration ◽  
Binding Agreement

<p><em>Each Land Office has a different policy in accepting return registration of certificates based on PPJB, some accept and some reject. Based on this description, the author is interested in discussing this thesis with the title "Registration of Transfer of Land Rights Based on the Binding Deed of Purchase Agreement at the National Land Agency Office in Padang City." The problem is, How is the Process of Making a Sale and Purchase Binding Agreement (PPJB) for Registration of Land Rights In Kota Padang, How Is Legal Strength Against Proof of Binding of Contract of Purchase (PPJB) In the Process of Registration of Transfer of Land Rights at the National Land Agency Office in Padang City, What Is the Process for Registration of Transfer of Land Rights in the Deed Phase of the Binding Agreement of Purchase (PPJB) in Padang City National Land Agency Office. The writing of this thesis uses empirical juridical methods that determine the field in court with the legal aspects or regulations that apply with respect to the object of research. Copyright and implementation of the Registration of Transfer of Land Rights Based on the Binding Deed of Purchase Agreement at the Office of the National Land Agency in Padang City has not been fully implemented properly or it has not been effective.</em></p>

THE “ENTIRE PEOPLE OWNERSHIP” REGIME ON LAND AND THE NATURE OF LAND USE RIGHTS IN VIETNAM

2021 ◽  
Vol 9 (07) ◽  
pp. 349-358
Author(s):  
Luu Quoc Thai
Keyword(s):  
Land Use ◽  
Mineral Resources ◽  
Land Rights ◽  
Legal Aspects ◽  
The State ◽  
Public Property ◽  
The Right ◽  
Ownership Rights ◽  
Land Use Rights ◽  
Land Water

Since the Constitution 1980, all land in Vietnam has been regulated to be owned by the entire people (Article 19). This issue continues to be affirmed in the Constitution 1992 (Article 17). The current Constitution 2013 continues to declares: “Land, water resources, mineral resources, resources in the sea and airspace, other natural resources and properties invested and managed by the State are public property owned by the entire people and managed by the State representing owners and unified management” (Article 53). Under this regulation, the current Land Law 2013 states that the State is powered to perform ownership rights as representative of the whole people. Therefore, No one other than the state can become the owner of the land. Individuals and organizations only have “land use rights” in accordance with the law. However, they may have the right to transfer this right (and also include the land) to others. This policy has caused certain complications in accessing land and exercising land rights, especially for foreign entities in Vietnam. So, this paper will discuss what is called the land use rights under the specialized ownership regime on land in Vietnam to clarify relevant legal aspects.

scholarly journals Akibat Hukum Atas Perjanjian Jual Beli Hak Atas Tanah Yang Mengandung Cacat Hukum

2020 ◽  
Vol 2 (2) ◽  
pp. 19-30
Author(s):  
A. A. Sagung Poetri Paraniti ◽  
I Wayan Wiryawan
Keyword(s):  
Land Rights ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Remedies ◽  
Legal Effect ◽  
Life Itself ◽  
Ownership Rights ◽  
As If

Land for humans has a very important meaning for life itself and together with the community.The importance of land can be seen from the function of the land, namely as a place to stand, for houses,a place to make a living, as a place to worship the Creator and also a place to bury those who havedied. By paying attention to the function of such a large land, the longer it feels as if the land becomesnarrow, while the demand always increases, it is not surprising that the value of the land becomes high.From the importance of the land, it is very necessary to do a study of what is meant by the sale andpurchase agreement of land rights that contain legal defects? What efforts can be taken in resolvingthe sale and purchase of land rights that contain legal defects? This type of research uses legal researchin normative legal aspects that reviews current legislation in Indonesia in relation to the legalconsequences of land purchase and sale agreements that contain legal defects. For the answer all theseproblems, article 1425 of the Civil Code regulates the occurrence of buying and selling and the articlestates that the sale and purchase is deemed to have occurred between the two parties, immediatelyafterwards these people agreed on the material even though the price of the material had not beendelivered or the price not yet paid. With the sale and purchase of the land, it does not mean that the ownership rights in this case the ownership rights to the land have changed. Because the transfer ofownership rights to land needs to be followed by legal actions in the form of Yuridische levering so thatit does not cause legal defects. The legal effect of the land purchase agreement that contains legaldefects is that the seller returns the money from the sale of land to the buyer and the buyer returns thecertificate of land rights to the seller so that it can be canceled due to the seller's fault. Efforts that canbe taken in resolving the sale and purchase agreement on land containing legal defects can be resolvedeither by deliberation, peace or family and if this fails, the solution is through mediation, if it is notfinished, the legal remedies are the last resort.

Legal Aspects of Treating Suicidal Patients

1983 ◽  
Author(s):  
A Berman ◽  
◽  
R. Cohen-Sandler
Keyword(s):  
Legal Aspects ◽  
Suicidal Patients

Studying Demand for Institutes of Corporate Governance: Legal Aspects

2003 ◽  
pp. 50-61 ◽  
Author(s):  
T. Medvedeva ◽  
A. Timofeev
Keyword(s):  
Corporate Governance ◽  
Legal Aspects ◽  
Joint Stock Company ◽  
Federal Law ◽  
Stock Company ◽  
Open Joint Stock Company ◽  
Open Joint ◽  
Market Relations ◽  
Corporate Legislation

The article analyzes legal aspects of institutes of corporate governance. Different draft laws "On Joint-Stock Companies" are considered which reflected interests of separate groups of participants of market relations. Stages of property redistribution are outlined. The advantages of the model of the open joint-stock company are formulated. Special attention is paid to the demand for legal institutes of corporate governance as well as to the process of accepting the Federal Law "On Entering Amendments to the Federal Law "On Joint-Stock Companies"" which was enacted in 2002. The article contains proposals directed at improvement of corporate legislation.

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