Land Governance: Paradigm Shift in Tribal Land Records in Indo-Nepal Border

2021 ◽  
pp. 0972558X2110333
Author(s):  
Richa Joshi
Keyword(s):  
Paradigm Shift ◽  
Land Ownership ◽  
Land Title ◽  
Sense Of Security ◽  
Land Disputes ◽  
Customary Rights ◽  
Tribal Land ◽  
The Cost ◽  
Flow Of Information ◽  
Land Records

Land ownership is determined by the land title possessed by an individual and protects the rights of the owner. Due to the rampant growth in population and scarcity of land, mutation, unclear land titles, and prices are soaring and have led to benami transactions. Land documentation is not an easy task in India where different methods and departments are involved with a lack of efforts at bringing commonality into the system of land records. Therefore, to bring transparency, accountability, and efficiency in dealing with the cases of land disputes and associated litigation, there is an immediate need for compilation, maintenance, and updation of the land records to instill a sense of security among landowners. Therefore, the central theme of the article revolves around the hindrances and issues in an entire process, flaws in land records, poor updation of data, online mutation, and automatic flow of information. The adequacy of the updated land information can answer to disputes in boundary, unauthorized construction, permission related to land use, fraud registration of the property, and incomplete mutation and could lower the cost of transactions. The other multidimensions which are focused while understanding the land records in a tribal regime are tenure rights, disputes in common areas, customary rights, and acquisition of land by other communities.

The cost of land title formalisation in Ghana

2013 ◽  
Vol 31 (5) ◽  
pp. 389-403 ◽  
Author(s):  
Kwasi Gyau Baffour Awuah ◽  
Felix Nikoi Hammond ◽  
Jessica Elizabeth Lamond
Keyword(s):  
Land Title ◽  
The Cost

The Cost of Publishing

2019 ◽  
pp. 164-171
Author(s):  
Michael Hochberg
Keyword(s):  
Open Access ◽  
Paradigm Shift ◽  
Scientific Publication ◽  
Academic Society ◽  
Major Shift ◽  
Article Processing Charges ◽  
The Cost

The cost of publishing is hotly debated. Until the 1990s, publication was either free of charge, paid per page or per article, or covered partially or completely if subscribing to a journal or if a member of the academic society overseeing a journal. A major shift occurred in the early 2000s when new “Open Access” publishers made articles freely available for all to read and reuse, with article processing charges being covered by the author. This chapter discusses the paradigm shift and how it has changed the landscape of who pays for scientific publication.

scholarly journals EKSISTENSI MASYARAKAT ADAT TERGERUS OLEH KEBUTUHAN ZAMAN Studi Analisis Konflik Masyarakat Adat Sunda Wiwitan di Kuningan yang Terusir dari Tanah Adatnya Sendiri dengan Teori Identitas

2019 ◽  
Vol 1 (1) ◽  
pp. 44
Author(s):  
Rachel Farakhiyah ◽  
Maulana Irfan
Keyword(s):  
Conflict Resolution ◽  
Indigenous Peoples ◽  
Customary Law ◽  
District Court ◽  
Court Ruling ◽  
Land Disputes ◽  
Customary Rights ◽  
The Government ◽  
Customary Land ◽  
Privately Owned

Pengakuan pemerintah terhadap hukum adat masih setengah hati. Padahal, eksistensi hukum adat memiliki landasan konstitusional yang kuat dalam Pasal 18B ayat (2) UUD 1945. Tubrukan antara proyeksi pembangunan dari pemerintah, kepentingan masyarakat umum, beserta hak ulayat dari masyarakat adat, telah menimbulkan gesekan yang sangat rentan akan timbulnya konflik. Seperti halnya yang memicu terjadinya konflik yang memanas di dalam masyarakat sunda wiwitan atas sengketa lahan. Yang mana perlakuan Jaka yang mengklaim tanah adat menjadi tanah milik pribadi sebagai bentuk pelanggaran hukum adat dan kemudian ditambah dengan putusan PN Kuningan yang memanangkan permintaan Jaka atas hak milih tanah adat seluas 224 m2. Putusan PN tersebut dinilai cacat hukum dan tidak memperhatikan asal usul sejarah. Maka hal tersebut menimbulkan berbagai aksi perlawanan dari pihak kubu masyarakat adat Sunda Wiwitan untuk berusaha memperoleh kembali haknya atas tanah adat mereka. Tujuan penulisan artikel ini yaitu untuk menjelaskan latarbelakang terjadinya konflik dan pemicu terjadinya konflik dengan menggunakan teori identitas yang nantinya dapat dirumuskan resolusi konflik yang efektif. Metode yang digunakan dalam penulisan artikel ini yaitu menggunakan studi litelatur yang diperoleh dari jurnal,buku, dan berbagai macam berita. Hingga saat ini konflik yang bergulir belum menemukan kejelasan karena belum terdapat resolusi konflik yang jelas dan masih sampai kepada tahap digagalkannya proses eksekusi tanah adat seluas 224 m2oleh Pengadilan Negri Kuningan. Government recognition of customary law is still half-hearted. In fact, the existence of customary law has a strong constitutional foundation in Article 18B paragraph (2) of the 1945 Constitution. Collisions between projected development from the government, the interests of the general public, along with customary rights from indigenous peoples, have created a very vulnerable friction in the emergence of conflict. As is the case that triggered a heated conflict in Sunda Wiwitan society over land disputes. Which is the treatment of Jaka who claimed customary land to be privately owned as a form of violation of customary law and then added with the Kuningan District Court decision to adopt Jaka's request for customary land rights of 225 m2. The Kuningan District Court ruling was deemed legally flawed and did not pay attention to the origin of history. So this caused various acts of resistance from the sides of the Sunda Wiwitan indigenous people to try to regain their rights to their customary lands. The purpose of writing this article is to explain the background of the occurrence of the conflict and the trigger for the occurrence of conflict by using identity theory which can later be formulated effective conflict resolution. The method used in writing this article is to use litelatur studies obtained from journals, books, and various kinds of news. Until now the rolling conflict has not yet found clarity because there is no clear conflict resolution and is still up to the stage where the process of execution of customary land of 225 m2 was thwarted by the Kuningan District Court.

scholarly journals STRENGTHENING LAND REGISTRATION SYSTEM THROUGH IMPLEMENTATION OF DOMAIN APPROACH IN MANIFESTING LEGAL CERTAINTY AND COMMUNITY JUSTICE

2021 ◽  
Vol 23 (3) ◽  
pp. 330
Author(s):  
Nia Kurniati ◽  
Jordan Mordekhai
Keyword(s):  
Land Rights ◽  
Land Ownership ◽  
Legal Certainty ◽  
Registration System ◽  
Land Registration ◽  
Positive Tendency ◽  
Community Justice ◽  
Land Disputes ◽  
Welfare Society ◽  
The Government

As an implementation of welfare society, the government issued Law Number 5 of 1960 Article 19 paragraph (2) c, which provide the legal certainty of land rights for all Indonesians carried out through land registration. The land registration system adopted by Indonesia is negative land cadastre with positive tendency. The implementation of land registration provide the basis of state duty to produce land registration evidence, namely certificate, which is valid as a strong proof of rights. This certificate guarantees the correctness of physical data besides juridical data as long as it is not proven otherwise. Method: This legal research used Normative juridical method, with qualitative juridical data analysis. Results of the study: Negative land cadastre with positive tendency adopted by Indonesia currently does not guarantee legal certainty of land ownership and the community justice itself. This is indicated by the fact that there is still a phenomenon of land disputes, among the result of the issuance of overlapping. By using a legal cadastre-based domain approach, through an approach of extracting historical values of land and integrating the process of dialogue within the issuing of certificate; obtaining legal certainty and the community justice can be achieved. Conclusion: Negative land cadastre with positive tendency is still unable to manifest legal certainty of land ownership and community justice so it is appropriate that an adage states “the highest legal certainty, is the highest injustice”. Strengthening land registration system through the domain approach is an alternative option to manifest legal certainty and community justice.

scholarly journals Criminal Law in The Land Sector

2020 ◽  
Vol 2 (3) ◽  
pp. 57-62
Author(s):  
Daimon Daimon
Keyword(s):  
Human Life ◽  
Land Rights ◽  
Land Ownership ◽  
Regional Government ◽  
Government Officials ◽  
False Information ◽  
Modus Operandi ◽  
Legal Literature ◽  
Land Disputes ◽  
The Status

One of the natural wealth or natural resources created by God Almighty that is needed for human life is land. Humans live on land and obtain food by utilizing land. Human life cannot be separated from the land. The emergence of a legal dispute is originated from the objection of the guideline of a land right both to the status of the land, its priorities and ownership in the hope of obtaining administrative settlement in accordance with applicable regulations. This study uses normative juridical research methods so that the sources used are sourced from literature and legal literature. the conclusion in this study is The modus operandi in the occurrence of land disputes usually involves a systematic network between financiers, land speculators, land certificate brokers, thugs, regional government officials, the police and of course BPN elements. Commonly used modus operandi: Use of falsified land rights; Counterfeiting Warkah; Provision of false information; Letter forgery; Fictitious buying and selling; Fraud or embezzlement; Lease; Suing land ownership; Mastering thug-style land.

scholarly journals PENYELESAIAN SENGKETA TANAH SOKO PADA SUKU BENDANG KAMPAR RIAU DENGAN CORAK HUKUM ISLAM

2018 ◽  
pp. 289
Author(s):  
Hengki Firmanda
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Empirical Studies ◽  
Land Ownership ◽  
Maternal Lineage ◽  
Legal Research ◽  
Land Disputes ◽  
The Status ◽  
Customary Land ◽  
Ownership Of Land

The purpose of this study was to describe the ownership status of Soko land in the Indigenous People of the Bendang Tribe, Kampar, Riau; and explain the settlement of the transfer dispute over the ownership of Soko Land to the Indigenous People of the Bendang Tribe, Kampar, Riau. The existence of indigenous peoples will not be separated from their customary lands. The existence of indigenous peoples will be determined by ownership of their customary land. Indigenous people will not be called indigenous peoples without owning their customary land. This type of research is sociological legal research, namely research in the form of empirical studies to find theories about the process of occurrence and the process of working the law in society. The results of this study are, the status of ownership of Soko land in the indigenous people of the kampar tribe of the kampar district is attached to the community that has a maternal lineage. The transfer of ownership of soko land to the indigenous people of the dam tribe of Kampar District is the transfer of ownership of land between generations according to lineage and the transfer of land ownership to the settlement of land disputes.

scholarly journals The Main Tasks of Forensic Research Conducted in Trials on Land Disputes

2020 ◽  
Vol 15 (1) ◽  
pp. 94-108
Author(s):  
A. Yu. Butyrin ◽  
O. V. Zhukova ◽  
E. B. Stativa
Keyword(s):  
Negative Impact ◽  
Field Studies ◽  
Technical Condition ◽  
Specific Class ◽  
Construction Sites ◽  
Land Plot ◽  
Forensic Research ◽  
Land Disputes ◽  
Land Survey ◽  
The Cost

The article provides a list and details the content of tasks solved within the forensic land survey and construction examinations assigned during trials on land disputes. Said tasks are classified by the type of conducted research.  The work of a forensic expert in a case begins with the establishment of presence (absence) of the object of examination (the existential task). At first, the presence of title, legal, and other documents for the disputed land and buildings (structures) located on it is established. In the absence of certain documents necessary for the study, the expert takes measures to replace them. When conducting field studies, the expert establishes the existence of civil dispute’s objects on the ground. After that, the expert solves the identification task – establishes the identity of these objects with their documentary display. It also should be identified to which specific class, kind, type the object belongs (addressing classification task) – it allows verifying the category of land and the type of permitted use of the disputed land; recognizing the kind, type, and functional purpose of the construction objects located on it.  The solution of the attributive task aims at identifying the properties of the objects under examination, which relate to its subject, the content of questions raised by the court before the expert. The solution of the situational task helps to establish the relative position of objects. The expert determines whether there is an intersection of the borders of adjacent plots, sets the distance from construction sites to the boundaries of the land. Particular attention is paid to structures that are sources of negative impact on the neighboring property. The position of the property regarding the zones with special conditions of the use is also to be determined. The purpose of addressing the diagnostic task is to ascertain the condition of the land in terms of possibility to use it for its intended purpose taking into account the type of permitted use and to determine the technical condition of construction objects located on the land plot. The cost task solution aims at determining the market, and other value of the land, the number of costs required to restore the land after being exposed to destructive natural and technogenic factors. The main direction of research when solving the transformative task is to ascertain the possibility and develop options for a real division of the land plot and the construction sites located on it between their owners following the conditions set by the court.  

scholarly journals PEMANFAATAN TANAH NON-SERTIFIKASI MENURUT HUKUM PERJANJIAN BARAT & ISLAM (Studi Kasus Rencana Pemanfaatan Tanah oleh PT. Solusi Bangun Indonesia dengan Pemerintah Desa Sawir, Kecamatan Tambakboyo, Kabupaten Tuban)

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Ario Patra Nugraha ◽  
Chamim Tohari
Keyword(s):  
Qualitative Research ◽  
Land Use ◽  
Land Rights ◽  
Land Ownership ◽  
Legal Research ◽  
The Status ◽  
Customary Rights ◽  
Village Government ◽  
The Village

This research discusses about the status of land rights whose ownership has been not clear yet, which is the object of cooperation in utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk, according to the laws and principles in force in Indonesia. The problems that will be answered in this study include: (1) What is the status of land rights that are used as objects of utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk? (2) How is the land use cooperation between Sawir Village Government and PT Solusi Bangun Indonesia Tbk according to Western and Islamic Covenant Law? This type of research is a qualitative research, while the approach used is an empirical juridical approach, namely legal research that functions to see the laws that apply in the community. The results of this research are: (1) According to the Sawir Village Government, the land belongs to the Village Government as evidenced by the existence of a field map in the village C book. Meanwhile, according to the Tuban Regency Government, the Tuban Regency National Land Agency, and PT Solusi Bangun Indonesia Tbk, the land ownership is not registered and cannot be claimed as an asset of Sawir Village. According to Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles article 19 paragraph 1, the land cannot be referred to as land belonging to Sawir Village until the certification is completed on behalf of the village. And to get the ownership certificate, the Sawir Village Government must register or submit an application for ownership of the land to the National Land Agency of Tuban Regency. (2) According to the Islamic Covenant Law, the status of the land does not meet the requirements as an object of the agreement. This is because the land has not been legally proven to be owned by the Sawir Village Government. Whereas one of the main requirements for the validity of an agreement is that the object of the agreement must be legally owned by one of the parties who entered into the agreement.Keywords: Utilization, Non-Certified Land, Covenant Law, Customary Rights

scholarly journals Similarity-Based Clustering for Enhancing Image Classification Architectures

2020 ◽  
Author(s):  
Dishant Parikh ◽  
Shambhavi Aggarwal
Keyword(s):  
Computational Cost ◽  
Image Similarity ◽  
Learning Models ◽  
Additional Information ◽  
Convolutional Networks ◽  
Model Size ◽  
Computer Vision Applications ◽  
The Cost ◽  
Flow Of Information ◽  
Wide Assortment

Convolutional networks are at the center of best in class computer vision applications for a wide assortment of undertakings. Since 2014, profound amount of work began to make better convolutional architectures, yielding generous additions in different benchmarks. Albeit expanded model size and computational cost will, in general, mean prompt quality increases for most undertakings but, the architectures now need to have some additional information to increase the performance. We show empirical evidence that with the amalgamation of content-based image similarity and deep learning models, we can provide the flow of information which can be used in making clustered learning possible. We show how parallel training of sub-dataset clusters not only reduces the cost of computation but also increases the benchmark accuracies by 5-11 percent.

Differences in women’s and men’s conservation of cacao agroforests in coastal Ecuador

2019 ◽  
Vol 46 (4) ◽  
pp. 302-309
Author(s):  
Trent Blare ◽  
Pilar Useche
Keyword(s):  
Demographic Data ◽  
Revealed Preference ◽  
Land Ownership ◽  
Farming Practices ◽  
Preference Model ◽  
Educational Levels ◽  
Land Title ◽  
Land Use Decisions ◽  
Level Data ◽  
Stakeholder Preferences

SummaryStakeholder preferences for the conservation of cacao agroforests are scarcely known. Here, a revealed preference model was used to estimate the value that smallholders place on the conservation of their cacao agroforests in coastal Ecuador. Variables in the model included plot-level data (the gender of those who owned and managed the plot, profit, land title and years of ownership) and household demographic data (ages, educational levels and wealth indicators). Households were willing to give up some profit to conserve agroforests especially if they had managed the plot longer. Furthermore, when women were included in the management of a plot, the household was more likely to conserve the cacao agroforest, but the gender of the person who owns the plot had no effect on the probability of conserving the agroforest. These findings provide further evidence of the gender differences in preferences for agroforests and that more inclusive land-use decisions may lead to the use of more sustainable farming practices. They also demonstrate that policies that encourage inclusive land ownership do not necessarily ensure equal gender participation in plot decision-making and management.

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