The Survey of Use and Ownership Rights in Finnmark – A Change of Direction?

2021 ◽  
pp. 1-34
Author(s):  
Øyvind Ravna
Keyword(s):  
International Law ◽  
Legal History ◽  
Land Rights ◽  
Change Of Direction ◽  
Collective Rights ◽  
The Core ◽  
The People ◽  
Significant Change ◽  
Ownership Rights ◽  
First Time

Abstract In 2008, the Finnmark Act initiated a process of surveying land rights the Sámi and others may have in Finnmark, the core Sámi area of Norway. The Finnmark Commission, which was established to conduct the survey has completed six investigations. The assessments and conclusions in the first five reports are so similar in terms of collective rights appears as cut from the same cloth. In December 2019, the Commission presented its sixth report, which covers the municipality of Karasjok, a community with a Sámi majority. This report marks a significant change from the previous ones, as the Commission for the first time concludes that the people in an investigation field own their outlying areas. This article examines how the Commission arrived at that result, pointing out that it is more an outcome of a different approach to the legal history and international law, than substantive differences in factual circumstances.

scholarly journals Land Tenure Conflicts After the End of Use Rights for Plantation Legal Entities in Indonesia

2021 ◽  
Vol 4 (2) ◽  
pp. 2439-2446
Author(s):  
Alpi Sahari
Keyword(s):  
Land Tenure ◽  
Forest Products ◽  
Land Rights ◽  
Community Needs ◽  
The People ◽  
The Government ◽  
Ownership Rights ◽  
Role Of The Government ◽  
Land Use Rights

Land problems almost occur throughout Indonesia, without exception in Medan, North Sumatra Province. In Medan there is PTPN II land which, due to community needs, the government chose not to extend the HGU (Hak Guna Usaha) for the benefit of the community. The government considers that the people need this land more in order to meet the needs of life and the welfare of the entire community. The method used in this paper is juridical normative by adopting a legal synchronization approach, both vertically and horizontally, on land tenure conflicts after the expiration of the Legal Entity for Plantation Companies in Indonesia. Data obtained through literature search. The results show that the provisions regarding land tenure have been regulated in Law number 5 of 1960 concerning Basic Agrarian Principles or often referred to as UUPA. In article 16 paragraph 1 of Law Number 5 of 1960 UUPA, it is stated that land rights include ownership rights, land use rights, building use rights, usage rights, lease rights, land opening rights, rights to collect forest products, other rights that are not included in the rights mentioned above which will be stipulated by law as well as rights which are temporary as mentioned in Article 53 of Law Number 5 concerning UUPA. The existence of land rights that have been regulated in law often creates confusion and overlaps in the control of the land object. There is still a lack of and low understanding of the law by the majority of the community, are often used by irresponsible individuals with the intention of obtaining benefits in the form of land rights through control of the land. Then the role of the government has not run optimally in protecting the rights of land controlled by the community. The government has not been able to collect data and make complete registrations of land tenure in Indonesia. This is the cause of the frequent occurrence of land tenure conflicts so that the participation of all levels of society as well as the government is urgently needed..  

Corporate Democracy: How Corporations Justified Their Right to Speak in 1970s Boston

2018 ◽  
Vol 36 (4) ◽  
pp. 943-992 ◽  
Author(s):  
Nikolas Bowie
Keyword(s):  
First Amendment ◽  
Legal History ◽  
Income Taxes ◽  
The People ◽  
The Supreme Court ◽  
Modern Business ◽  
History Of ◽  
National Bank ◽  
First Time ◽  
The City

AbstractIn the early 1970s, the executives of the First National Bank of Boston spent hundreds of thousands of the bank's dollars on ads opposing statewide efforts to raise their personal income taxes. When frustrated Massachusetts legislators banned this sort of corporate spending, the executives sued, arguing that “corporations have the same First Amendment rights as individuals.” In First National Bank of Boston v. Bellotti, the Supreme Court held for the first time that the First Amendment protects all political speech, even ads paid for by a corporation. Surprisingly, the first corporation to take advantage of this decision was not the bank, but the city of Boston--a municipal corporation that spent nearly a million dollars on a new referendum in the fall of 1978.This article discusses the history of the 1978 referendum, one pitting municipal corporations against business corporations. It argues that the referendum and the discourse surrounding it made it intuitive for Bostonians that all corporations, banks and cities, are representative institutions. Corporations can “speak” only by spending money, and the leaders of Boston and the bank justified spending other people's money by pointing to the internal elections that put them in office. But voters were skeptical of the argument that “corporate democracy” alone could guarantee that elected executives spoke with the consent of the people they purported to represent. The article offers a novel contribution to the historiography of modern business and politics: a legal history of how corporations--municipal and financial--became politicized in the wake of evolving First Amendment free-speech doctrine.

scholarly journals Limitations of Public Interest Clause in Land Acquisition So That Land Rights Holders Can Retain Their Rights

NORMA ◽  
2021 ◽  
Vol 18 (1) ◽  
pp. 58
Author(s):  
Rias Frihandini
Keyword(s):  
Public Interest ◽  
National Development ◽  
Legal Protection ◽  
Land Rights ◽  
The State ◽  
Public Interests ◽  
The Public ◽  
The People ◽  
The Government ◽  
Ownership Rights

This research aims to see and analyze legal protection for land rights holders who lost their land rights due to public interest clause, whether for the benefit of the state or the private sector. Based on the 1945 Constitution, it can be seen that the use of the earth (land), water, and natural resources contained therein by the state is required to be used for the greatest prosperity of the people, and not for certain elites from government agencies who need land. Limitations must be applied to this clause so that the use is not arbitrary because even though the land rights are ownership rights, it can lose since the Government carries it out. The public interest clause is always the way and the Government answer for those who refuse their land to be acquired. Research results are that public interests, which are the needs of many people or broad goals, must pay attention to social, political, psychological, vindication and security aspects based on the National development principle.Keywords: Land, Public Interest, Acquisition

scholarly journals PENINGKATAN STATUS HAK GUNA BANGUNAN MENJADI HAK MILIK

2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Atik Winanti ◽  
Taupiq Qurrahman ◽  
Rosalia Dika Agustanti
Keyword(s):  
Property Rights ◽  
Community Service ◽  
Land Rights ◽  
Know How ◽  
The People ◽  
The Status ◽  
Housing Complex ◽  
The Right ◽  
Ownership Rights ◽  
The Village

Article 33 paragraph (3) of the 1945 Constitution which reads Earth, water and natural resources in it are controlled by the State and used for the greatest prosperity of the people. This article is one of the foundations for the birth of a law on basic agrarian principles. In the UUPA, land rights include property rights, rights to build, right to cultivate, use rights and other rights.So far, people in Indonesia control land with the status of ownership rights and building use rights. The strongest and most fulfilled status of land a person has is only property rights. Meanwhile, the right to build only has a certain period. We chose a place of service in the village of Satria Jaya because in this village there is a housing complex, namely Perum Graha Prima which is intended for Civil Servants and Members of the Indonesian National Army who are certified Building Use Rights. Most of the residents in this housing do not know how to qualify and how to change their rights position. From building use rights to ownership rights.  So that giving understanding to the community about the importance of property rights and how to improve the position of land rights is a solution given to local communities. The implementation of community service activities is carried out virtually by using the Zoom application. Where the resource person delivered material about Property Rights, Building Use Rights and the process of increasing the status of land rights.ABSTRAK:Pasal 33 ayat (3) Undang-undang Dasar 1945 yang berbunyi Bumi, air dan kekayaan alam di dalamnya dikuasai oleh Negara dan dipergunakan untuk sebesar-besarnya kemakmuran rakyat. Pasal tersebut sebagai salah satu landasan lahirnya undang-undang tentang peraturan dasar pokok-pokok agraria (UUPA). Dalam UUPA hak-hak atas tanah meliputi hak milik, hak guna bangunan, hak guna usaha, hak pakai dan hak lainnya. Sejauh ini, masyarakat di Indonesia menguasai tanah dengan status hak milik dan hak guna bangunan. Status tanah yang terkuat dan terpenuh yang dimiliki seseorang hanyalah hak milik.  Sedangkan hak guna bangunan hanya mempunyai jangka waktu tertentu. Kami memilih tempat pengabdian di desa Satria Jaya karena di Desa ini terdapat Perumahan yaitu Perum Graha Prima yang diperuntukkan bagi PNS dan Anggota TNI yang bersertifikat Hak Guna Bangunan (HGB). Hampir sebagian besar penduduk di perumahan tersebut tidak mengetahui bagaimana persyaratan dan caranya untuk merubah status hak dari Hak Guna Bangunan menjadi Hak Milik. Sehingga pemberian pemahaman kepada masyarakat tentang pentingnya hak milik serta bagaimana peningkatan status hak katas tanah menjadi solusi yang diberikan kepada masyarakat setempat. Kegiatan pelaksanaan pengabdian dilakukan secara virtual dengan mempergunakan aplikasi Zoom. Dimana narasumber menyampaikan materi tentang Hak Milik, Hak Guna Bangunan dan proses peningkatan status hak atas tanah

scholarly journals First-Time Registration of Ownership of Land Obtained Through Sale and Purchase under the Hand Whose Proof of Ownership Is Lost

2019 ◽  
Vol 6 (2) ◽  
pp. 671
Author(s):  
Bintang Uswatun Hasanah ◽  
Any Suryani ◽  
Widodo Dwi Putro
Keyword(s):  
Land Rights ◽  
Land Registration ◽  
Land Title ◽  
Proof Of Ownership ◽  
The Republic ◽  
The Government ◽  
Sociological Approaches ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
First Time

In practice, people who experience loss of proof of ownership rights over land where in the land title application must provide evidence of information about the land which includes data on physical and physical data. As stipulated in Law No. 5/1960 concerning Regulation on Basic Agrarian Principles article 19 that To ensure legal certainty by the Government registration of land throughout the territory of the Republic of Indonesia according to the provisions regulated by Government Regulations, registration includes one of giving letters - proof of rights, which applies as a strong evidence tool. The problem in this study is how is the validity of buying and selling rights to land carried out under the hands? and how is the registration process the first application for ownership of land to land whose proof of ownership is lost? The purpose of this study was to determine the validity of the sale and purchase of land rights carried out under the hand, and to find out the process of registering the transfer of land rights at the Bima City Land Office whose proof of ownership was lost. This research has benefits both academically and practically. The research used in this study is Empirical Law research and the approach in this study is the Legislative, Conceptual, and Sociological approaches. The process of buying and selling land under the hands carried out before the Head of Village / Lurah and witnesses is valid because the buying and selling conditions have been fulfilled according to Law Number 5 Year 1960 concerning Agrarian Principal Regulations. The first application for land registration in Bima City whose proof of ownership is lost in practice can still be registered.

scholarly journals From Confrontation to Mediation: Cambodian Farmers Expelled by a Vietnamese Company

2019 ◽  
Vol 38 (1) ◽  
pp. 55-76 ◽  
Author(s):  
Frédéric Bourdier
Keyword(s):  
International Law ◽  
World Bank ◽  
Mediation Process ◽  
Stakeholder Dialogue ◽  
Land Conflict ◽  
The People ◽  
Forested Areas ◽  
Everyday Resistance ◽  
First Time ◽  
Vast Territory

Concessions granted to investors in Cambodia have generated a deep sense of insecurity in rural forested areas. Villagers are not confined to a passive “everyday resistance of the poor,” as mentioned by James Scott, insofar as they frequently engage in frontal strategies for recovering land. Such has been the case in the northeastern provinces, where indigenous livelihoods are recurrently threatened by foreign and national companies. But what happens when a land conflict ends up in a stakeholder dialogue? The article intends to follow such a story that occurred for the first time in Ratanakiri, in a vast territory inhabited by several ethnic groups. After gruelling hostilities with the encroacher, dispossessed farmers finally accepted, encouraged by international/national NGOs, to comply with existing mechanisms associated with international law regulations and World Bank procedures. It ends up in an institutionalised mediation, technical and apolitical, which turned to the disadvantage of the people, with evident power imbalance. Our analysis, while portraying the trajectories of national/international actors involved in the mediation process, reveals the effects on this mediation on local sociopolitical organisations.

scholarly journals Kepastian Dan Perlindungan Hukum Terhadap Pemegang Sertifikat Hak Milik Atas Tanah Berdasarkan Undang-Undang No.5 Tahun 1960 Tentang Peraturan Pokok-Pokok Agraria

2019 ◽  
Vol 19 (1) ◽  
pp. 74-84
Author(s):  
Jawakil Butarbutar
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Certainty ◽  
Basic Law ◽  
The People ◽  
The Status ◽  
The Government ◽  
Ownership Rights ◽  
Definite Role

This research is related to the Basic Agrarian Law which regulates land rights including property rights by registering the rights to their land to obtain ownership rights intended for maintain legal certainty and legal protection for holders of property rights over land. For this reason, it is important to socialize the importance of registering uncertified land to become certified land for legal certainty and protection of holders of property rights on the land to avoid land problems in the community. For this reason legal certainty and protection are needed so that the status of land owned by the people is clear as well as all actions taken relating to the land such as transfer, inheritance, transfer of rights, revocation / exemption and abolition of the land rights. With the certificate, the government has a definite role to provide legal protection to the  holders of property rights because the certified land has been registered at the landoffice and it becomes an obligation for the government to protect it. Keywords: Legal Certainty and Protection, Holders of Certificates of Ownership,  Agrarian Basic Law.

THE PROFILE OF A LEADER AND HIS LEDERSHIP

2018 ◽  
Vol 28 (1) ◽  
pp. 345-350
Author(s):  
Ali Hajro
Keyword(s):  
Leadership Skills ◽  
Real Power ◽  
Governmental Organization ◽  
Factors Affecting ◽  
The Real ◽  
The Core ◽  
Behavior Code ◽  
The People ◽  
Study Case ◽  
Personal Skills

The Current and future leaders live in a turbulent and chaotic environment, where the real power of acting derives from the recognition of the concept of change and looking for options. In this type of environment a lot of competence is necessary for the leaders to survive. The aim of this study case was to explore i.e. gain a clearer picture of the position of the leader, their characteristics, functions, levels, the core and the factors affecting the leader and their leadership. To see what type of leader the people want simply to draw conclusions about the characteristics, qualities and techniques of a leader and their leadership. So that in the end, to have empirical proof of the leader. The set goal in this study case is today’s leaders in everyday process, starting from the very beginning of their work, to serve as an example in developing inter-personal skills at the same time as treating people with dignity and respect. In other words, they have to possess leadership skills, characteristics and the necessary actions. This research aims at finding out the real attributes that is the profile of a leader and their leadership running an organization regardless if it is economic, political, and military or some other non-governmental organization. The values are more than a set of rules, they are not only behavior code, and they say what a leader should be every day in every action that they take. The values shade the leaders’ identity and the organization that they run.

Reflections on the Meaning of Study Abroad

1995 ◽  
Vol 1 ◽  
pp. 96-103
Author(s):  
Elizabeth Shannon
Keyword(s):  
Study Abroad ◽  
Nursery School ◽  
Multiple Identities ◽  
Danger Zone ◽  
Host Family ◽  
The People ◽  
Life Itself ◽  
The Moment ◽  
First Time ◽  
The Stranger

Study abroad begins long before students leave their own shores. The moment that children enter daycare, nursery school, or kindergarten for the first time, they are in foreign territory, and all their antennae are out, testing, absorbing, learning. They begin to develop the first of their many multiple identities. They are no longer "Johnny" or "Sarah" whom everyone knows and loves at home, but Johnny or Sarah whom no one knows nor initially cares about, and they have to figure out what kind of a new identity they will develop so the danger zone becomes as safe as home.  Leaving familiar surroundings- the sounds, smells, safety, and food of home- and realizing, quite abruptly, that they must learn to adapt to the demands and needs of strangers, is the first and the most challenging "trip abroad" they will ever take. They will use the same set of skills, more mature, more polished (we hope) when they arrive on a foreign campus and move in with a host family or into an international dormitory.  Learning to make the journey with ease, whether it is on the first day of school or the day a plane drops one in a foreign field, is a necessary accomplishment. We have to make friends out of our peers; we have to gain the respect of our teachers; we have to develop curiosity and concern about the people around us. The stranger they seem, the more there is to learn. To fear diversity is to fear life itself. As the world becomes smaller and more integrated, the more crucial this accomplishment grows. 

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