The Time of Dishonour: Land and Murder under Colonial Rule in the Tian Shan

2012 ◽  
Vol 55 (4-5) ◽  
pp. 664-687 ◽  
Author(s):  
Svetlana Jacquesson

Abstract In this article I try to uncover the reasons for false accusations of murder, instigated murders, and staged murders among the Tian Shan Kyrgyz under Russian colonial rule. Towards this end, I read, contrapuntally, field data, ethnohistorical accounts, colonial statutory laws, and colonial ethnography. I argue that colonial interventions—namely, the hybrid adjudication of murders, the newly designed system of self-government, and the imposition of an arbitrary land-rights regime—correlated in unexpected ways and triggered instigated and staged murders and false accusations of murder as an extreme recourse in defence of land-use rights. I conclude by relating the particular legal setting of Russian colonial rule to its representation as “the time of dishonour.” Dans cet article j’essaie d’élucider les fausses accusations de meurtre, les meurtres prémédités et les meurtres simulés attestés parmi les Kirghiz du Tian Shan à l’époque colonial. A cette fin, j’analyse des récits ethno-historiques, les lois statutaires coloniales et les écrits des ethnographes coloniaux. Je soutiens que des interventions coloniales, telles le jugement hybride des meurtres, le système d’auto-gouvernance nouvellement introduit et la gestion ambiguë de la terre, se combinent de façon inattendue pour produire les meurtres bizarres comme ultime remède aux injustices terriennes. Dans les conclusions, je relie l’environnement légal de la domination coloniale à sa représentation comme “le temps de déshonneur.”

Notaire ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 217
Author(s):  
Nailu Vina Amalia

The deed of the purchase and sale agreement (PPJB). The deed of the sale and purchase agreement is a preliminary agreement prior to the sale and purchase of land. PPJB is used only once. If what is agreed in the PPJB has been fulfilled then the signing of the sale and purchase deed can be carried out, by signing the sale and purchase deed, the ownership of land rights has been transferred. There are still many people who think that when the PPJB is signed, there will be a transfer of land rights, even though the PPJB is not an evidence of a transfer of land rights. This thesis discusses graded PPJB or recurring PPJB made by a Notary on a plot of land based on ownership rights over land use rights of former customary land based on the quotation of the Decree of the Governor of East Java Region Serial Number I/Agr/117 XI/HM/01.G/1970 issued November 4, 1970, or uncertified land. Whether it contradicts the concept of buying and selling in agrarian law and the legal consequences of the PPAT who made the sale and purchase deed based on the graded PPJB.Keywords: Graded PPJB; Recurring PPJB: Proof of Prior Rights.Akta Perjanjian Pengikatan Jual Beli (akta PPJB). Akta PPJB merupakan perjanjian pendahuluan sebelum diadakannya jual beli tanah. Akta PPJB digunakan untuk sekali saja, namun prakteknya masih ditemukan Akta PPJB bertingkat. Masih banyak masyarakat yang menganggap apabila sudah ada akta PPJB sudah ada peralihan hak atas tanah, padahal akta PPJB bukan bukti adanya peralihan hak atas tanah. Akta Jual Beli (AJB) yang merupakan bukti adanya peralihan hak atas tanah. AJB dibuat apabila syarat-syarat yang ada dalam akta PPJB sudah terpenuhi. Dalam tesis ini membahas tentang akta PPJB bertingkat atau akta PPJB berulang yang dibuat oleh Notaris atas sebidang tanah berdasarkan Hak Milik atas tanah Hak Pakai bekas Gogolan tidak tetap berdasarkan Kutipan Surat Keputusan Gubernur Kepala Daerah Tingkat I Jawa Timur Nomor I/Agr/117/XI/HM/01.G/1970 tertanggal 4 Nopember tahun 1970 atau tanah yang belum bersertipikat apakah akta PPJB bertingkat tersebut bertentangan dengan konsep jual beli dalam hukum tanah dan akibat hukum dari Pejabat Pembuat Akta Tanah (PPAT) membuat AJB berdasarkan akta PPJB bertingkat.Kata Kunci: PPJB Bertingkat; PPJB Berulang; Bukti Hak Lama.


2020 ◽  
pp. 1-24
Author(s):  
Michael Madison Walker

Abstract Mozambique’s land law is notable for its intent to balance the recognition and protection of smallholder land use rights with attracting foreign and domestic investment to rural areas. However, the state’s legitimacy may be undermined through the process of recognition, as state actors and local elites circumvent the law for private gain. Walker focuses on two areas where the law has failed to protect smallholder rights: issues of women’s land rights, and the expansion of protected areas. These issues speak to the problem of recognition, revealing ways the state produces authority, but not necessarily legitimacy, in rural settings.


Land ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 450
Author(s):  
Lei Yan ◽  
Kairong Hong ◽  
Hui Li

Background: The distribution of farmers’ increment income is the key to the transfer of land use rights. This research aims to detect the optimal payment mode for the distribution of land increment income obtained by farmers in land rights transfer. Methods: The research relied on case analysis, mathematical analysis, and numerical simulation. Results: According to China’s existing payment modes for the increment income of rural collectively owned operating construction land (RCOCL), we summarized these payment modes into three: namely, lump-sum currency payment, a mixed payment of pension and lump-sum currency, and a mixed payment of dividend and lump-sum currency. If the land transfer price of RCOCL is lower than a specific value, the lump-sum currency payment will be optimal for farmers. Suppose the land transfer price is higher than this value. If the enterprise’s profit margin is higher than the pension rate of return, the mixed payment of dividend and lump-sum currency will be optimal; if not, the mixed payment of pension and lump-sum currency will be optimal. Conclusions: Differences in regions, enterprise attributes, and farmers’ characteristics will make the optimal proportion of pension or stock capital in land increment income (OPPSC) different. Generally, OPPSC is often between 40% and 60%.


2021 ◽  
pp. 191-211
Author(s):  
Frode Flemsæter ◽  
Katrina M. Brown

In this chapter, we examine how people and animals have co-created borders, land rights and practices in outfields (utmark) in Norway. Further, we examine how this plays a part when change and increasing diversity is managed. We do this by examining conflicts arising between farmers, landowners and reindeer herders in Norway, resulting from policy imperatives towards agricultural diversification. We find that different stakeholders with rights that are relevant in this context may have different capacities to respond when valuations of outfield resources change, and that the human-animal relations in reindeer herding are having a particular impact on these capacities. We argue that the current regulatory system negotiating the interests of different stakeholders with rights struggles to comprehend or deal with issues of animal agency and mobility in reindeer-herding practices. We propose that Haraway’s concept of response-ability can be useful to help make more-than-human agency more visible, and therefore better accounted for, in the unsettling and resettling of property relations in the Norwegian outfields. This allows us to understand more precisely how human-animal relations, in our case relations between reindeer and reindeer herders, affect the responses available to the various stakeholders when land and land-use rights in the outfields are negotiated.


2019 ◽  
Vol 49 (1) ◽  
pp. 22-31
Author(s):  
Don C. Benjamin

Hormuzd Rassam (1826-1910) and Austen Henry Layard (1817–1894) recovered the Birth Stories of Sargon copied or composed under Sargon II (722–705 BCE). Existing studies of their intriguing parallels with the Birth Stories of Moses (Exod 1:22–2:10) emphasize shared motifs—unwanted pregnancy, secret birth. abandoned newborn, adoption by an outsider, river ordeal and protection by a divine patron. Here I am proposing that the Birth Stories of Moses parallel the Birth Stories of Sargon to compare the way Sargon and the woman Enheduanna distribute land use rights in Akkad with the way Moses and the women in Deuteronomy distribute land rights in ancient Israel.


2015 ◽  
Vol 44 (3) ◽  
pp. 305
Author(s):  
FX. Sumarja

This research aims at finding foreigners who may be the subject of Land Use Rights and Lease Rights for the building. The results of the study indicate: 1) Period, BAL-PP 41 of 1996, and the period of 2010 - now, foreigners who can be the subject of land rights are foreigners as the resident of Indonesia; 2) Period, PP 41 of 1996 - in 2010, foreigners who may be the subject of land rights was expanded into foreigners as both a resident of Indonesia and has a residence permit in Indonesia.


2020 ◽  
Vol 1 (1) ◽  
pp. 157-163
Author(s):  
I Gede Wardana Oka Sastra Wiguna ◽  
I Nyoman Putu Budiartha ◽  
I Putu Gede Seputra

The study of this research is a review of the ownership of land rights for husbands / wives as a result of the existence of mixed marriages, currently mixed marriages exist in various circles of Indonesian society, the cause of this legal incident is the result of the fast and easy development of the times, and is supported by international relations that continue to increase. With the occurrence of many mixed marriages in Indonesia, legal protection in mixed marriages should be accommodated properly in the legislation in Indonesia. The purpose of this research is to understand the arrangement of ownership of land rights according to Law Number 5 of 1960 concerning agrarian principles and to know the status of ownership of land rights that can be owned in mixed marriages. Researchers use normative techniques, namely normative legal research methods or library law research methods, which are methods or methods used in legal research conducted by examining existing library materials. This research illustrates that the ownership of land rights according to Law Number 5 of 1960 concerning Basic Basic Agrarian Regulations in general, land rights can be in the form of property rights, land use rights, land use rights, and finally use rights which are between one and one rights. Other rights have different meanings in terms of limitations on legal subjects of ownership and limitations on the duration of ownership. The status of ownership of land rights that can be owned in mixed marriages is attached to people who have Indonesian citizenship and in mixed marriages the problems of ownership of the rights over can be resolved by a marriage agreement made between the parties.


Author(s):  
Muhammad Aji Samudra ◽  

Existence of Lanting Houses for traditional Kalimantan people, especially Banjarmasin people, is a primary need because it their place to live. The life of the Lanting House is now, in the beginning, to be abandoned because the local government is trying to relocate the Lanting House, and there is no legal status of the Lanting House so that many heirs sell the Lanting House only with receipts. Seeing the object of the Lanting House that was built on the water was not able to get ownership rights like on the land, this caused the weak legal force against the object of this Lanting House if it had transitioned rights because an object that was built floats on the water according to the Agrarian Law does not can get land rights. The purpose of this study was to determine the protection obtained by the Lanting House. This study used a normative juridical approach by reviewing and analyzing the laws and regulations and library materials relating to the Lanting House, and the rules used as the basis for the status of the Lanting House. This study used secondary data covering primary legal material in the form of legislation, and secondary licensed content in the form of theories and literature related to the issues discussed. Research showed that the Lanting House could be protected under Law No. 5 of 1960 concerning Basic Rules of Agrarian Principles and Government Regulation No. 40 of 1996 concerning Land Use Rights, Building Use Rights, and Land Use Rights. Where the Lanting House can be given the right to use the building that has been approved by the minister of agrarian and spatial planning so that the Lanting House is recognized as a building that can be given legal certainty.


2021 ◽  
Vol 9 (07) ◽  
pp. 349-358
Author(s):  
Luu Quoc Thai

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.


2013 ◽  
Vol 30 (1) ◽  
pp. 417-426 ◽  
Author(s):  
Nesru H. Koroso ◽  
Paul van der Molen ◽  
Arbind. M. Tuladhar ◽  
Jaap A. Zevenbergen

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