Landholdings among Tribal Rural Households of Meghalaya and Its Impact on Credit Markets

2018 ◽  
Vol 6 (2) ◽  
pp. 91-107
Author(s):  
Charlene M Swer ◽  
Sumarbin Umdor
Keyword(s):  
Rural Households ◽  
Participation Rate ◽  
Land Ownership ◽  
Ownership Status ◽  
Limited Applicability ◽  
Traditional Institutions ◽  
Customary Land ◽  
Ownership Rights ◽  
Privately Owned ◽  
Land Community

This study examines the unique landholding arrangements among the indigenous tribal in rural Meghalaya, and its implication on borrowing behaviour of the households. Three arrangements of landholding are prevalent among the rural households of the state consisting of privately owned land, community-owned land and rented land with more than two-thirds of households having land that is privately owned. However, the majority of these households are in possession of customary land possession titles issued by traditional institutions which has limited applicability as collateral while borrowing from banks. Credit participation rate is found to be significantly associated with land ownership status and possession of ownership title on privately owned land. While banks are the main suppliers of credit due to the absence of money lenders in the study area, households have preferred to use other collateral instead of land while borrowing from banks because of the complexity of ownership rights and titling in tribal-dominated areas of Meghalaya.

scholarly journals Analisis Hukum Surat Pelepasan Hak Atas Tanah Adat (Dati) Di Kota Ambon

SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 111
Author(s):  
Desy Kosita Hallauw ◽  
Jenny Kristiana Matuankotta ◽  
Novyta Uktolseja
Keyword(s):  
State Government ◽  
Government Regulation ◽  
Land Rights ◽  
Land Ownership ◽  
Customary Law ◽  
Land Registration ◽  
Customary Rights ◽  
Customary Land ◽  
Binding Power ◽  
Ownership Rights

Relinquishment of land rights is the relinquishment of legal relations between the holders of land rights and the land under their control by providing compensation on the basis of deliberation. Letter of Waiver of rights is evidence that is made with the aim of releasing land rights. A letter of release of customary land rights (dati) is applied in the same way as the release of land rights in general, as enforced in accordance with Government Regulation No. 24 of 1997 concerning Land Registration. The process of registering customary land rights (dati) is based on the release of customary rights (dati) issued by the customary land owner (dati) as the basis for rights. So based on the release of land rights, it can be registered at the Ambon City Land Office to obtain proof of land ownership or certificates. The letter of release of customary land rights (dati) issued by the customary State Government in Ambon City is binding as long as it is carried out based on applicable customary law and can be proven the basis of ownership rights to customary land (dati) from the customary land owner (dati) that issues the release letter the land rights. However, as long as it cannot be proven valid, the letter of release of land rights does not have binding power, thus the release of the customary land rights (dati) becomes invalid and the certificate can be canceled.

scholarly journals Hak Milik Atas Tanah Adat Di Wilayah Kepulauan

2021 ◽  
Vol 1 (2) ◽  
pp. 62
Author(s):  
Mispa Christian Science Paisina ◽  
Adonia Ivone Laturette ◽  
Novyta Uktolseja
Keyword(s):  
Land Ownership ◽  
Customary Law ◽  
Legal Basis ◽  
Land Law ◽  
Law System ◽  
Customary Rights ◽  
Customary Land ◽  
Ownership Of Land ◽  
Binding Power ◽  
Ownership Rights

Introductioan: The Western Seram Islands have various customary rights that grow and develop in the lives of indigenous peoples and it becomes a rule that is believed by them, so that it becomes a law that binds them in determining their ownership rights to their customary land.Purposes of the Research: This study aims to determine how the position of customary land ownership rights in the national land law system, and what is the legal basis and the way in which customary land ownership rights occur according to customary law.Methods of the Research: This study uses the normative legal research method, which aims to find out how the position of ownership rights over customary land in the national land law system in the areas of Taniwel Timur, Negeri Maloang and Negeri Sohuwe, West Seram Regency, Maluku Province, and to understand what the legal basis and How to Have Land Ownership Rights According to Customary Law in the Taniwel Timur District, Maloang State and Sohuwe State, West Seram Regency, Maluku Province.Results of the Research: In principle, ownership of land rights by a member or group of customary law communities, whether individual or communal / group, has a very binding power de jure and de facto. The principle of ownership in the provision of de jure guarantees in the sense that the customary law community recognizes that if ownership rights are obtained by means of the permission of the head of the association (Kepala Adat or Kepala Soa), to open and manage land for customary law communities it can be said to be a legal act that is legal according to law. adat as long as it does not contradict the prevailing customary law norms, and the principle of ownership in a de facto manner, namely that the principle of ownership has been obtained from generation to generation. This is what the local government must pay attention to in terms of recognition of rights by customary law communities in West Seram District, Maluku Province.

scholarly journals Customary Land Ownership Rights Need: Land Change Model Application

2015 ◽  
Author(s):  
A. K. Syafiq ◽  
A. M. Azima ◽  
Abd. Hair Awang ◽  
M. S. Sarmila ◽  
Mohd Fuad Mat Jali
Keyword(s):  
Land Ownership ◽  
Change Model ◽  
Land Change ◽  
Model Application ◽  
Customary Land ◽  
Ownership Rights

scholarly journals Akibat Hukum Jual Beli di Bawah Tangan atas Tanah Hak Milik di Kabupaten Badung

2020 ◽  
Vol 1 (1) ◽  
pp. 176-180
Author(s):  
I Gusti Agung Ayu Lita Pratiwi ◽  
Nella Hasibuan Oleary ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Land Ownership ◽  
Civil Code ◽  
Legal Research ◽  
Legal Requirements ◽  
Land Registration ◽  
Selling Process ◽  
Ownership Rights

The sale and purchase transaction in Badung Regency which was made by both parties was in the form of an agreement of hands, but one of the parties who broke a promise or could be called a default. The purpose of this research is to see the legal dangers of underhand trading on land ownership in Badung Regency. This research method uses empirical legal research. In practice, the implementation of binding purchases and purchases under land ownership rights is often carried out by several parties, one of which occurred in Badung Regency. The practice of buying and selling land carried out under the hand is not in accordance with government regulation Number 24 of 1997 concerning Land Registration, which requires that the sale and purchase be made with an authentic deed, and not under hand. However, the buying and selling process in Lukluk District, Mengwi District, Badung Regency is still ready for those who, the deed, because the fulfillment of the legal requirements for buying and selling under the UUPA is material, formal and cash, clear and sincere. In principle, in fine sales agreements and notaries will be a legal approach as law for them made. And also according to article 1320 of the Civil Code the validity of an agreement if, among others: There is an agreement, skills, certain matters, and valid reasons. And although according to lawful compliance with the requirements according to article 1320 of the Civil Code, the sale and purchase of land must be carried out before the prohibited authority (PPAT).

scholarly journals Legal Standing of Customary Land in Indonesia: A Comparative Study of Land Administration Systems

2017 ◽  
Vol 3 (2) ◽  
pp. 175
Author(s):  
Mustafa Bola
Keyword(s):  
Government Regulation ◽  
Land Ownership ◽  
Land Law ◽  
Role Of Government ◽  
Land Registration ◽  
Land Administration ◽  
Develop Land ◽  
Customary Land ◽  
Land Administration Systems

Prove of land ownership by customary land is generally unwritten, just a confession of the surrounding communities with nature sign boundaries. If land ownership cannot be supported by strong evidence, the land may be registered by someone else who has getting physically for 20 years or more in consecutively and qualified on Government Regulation No. 24 of 1997 concerning Land Registration. Proof of old rights derived from the customary land law is rationally difficult to prove because there are no written documents. Customary land law does not know written ownership, only physical possession continually so it is very prone to conflict or dispute. In order to develop land administration in Indonesia, the values of customary land law contained in its principles is expected to be reflected in the land administration so it can reduce land conflict in the community. The role of customary land law has a large portion of the national land law. The role of government or ruling is very important to create a conducive condition in the land sector. A land is not allowed for personal or group interests, its use must be adjusted with the condition and the characteristic of their rights so useful, both for the prosperity and helpful to community and state.

scholarly journals Recognition and Strengthening the Customary Land Ownership in Central Borneo Province

2019 ◽  
Vol 10 (1) ◽  
pp. 11
Author(s):  
Nur Putri Hidayah ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Land Ownership ◽  
Customary Land

scholarly journals When Tradition Meets Modernity in Land Registration: Evidence from Dagbon, Ghana

Land ◽  
2020 ◽  
Vol 9 (11) ◽  
pp. 416
Author(s):  
David Asante Edwin ◽  
Evam Kofi Glover ◽  
Edinam K. Glover
Keyword(s):  
Land Tenure ◽  
Research Question ◽  
Land Ownership ◽  
Registration System ◽  
Land Registration ◽  
Tenure System ◽  
Title Registration ◽  
Land Tenure System ◽  
Customary Land ◽  
And Control

Development practice over recent years in much of Africa prioritized formalization of land policies deemed to enhance better handling and use of land as an asset for social development. Following this trend, land reform policy in Ghana was based on a pluralistic legal system in which both the customary land tenure system and the statutory system of land ownership and control co-exist by law. The primary research question for this study was the following: What implications emerge when customary land tenure system and the statutory system of land ownership and control co-exist in law? The study discussed the prospects and challenges of land title registration and the meaning of the new organizing concept in land ownership and administration among the people of Dagbon in the northern region of Ghana. The principal aim of the study was to assess the challenges of the implementation of a modern land registration system over a deeply traditional one. A qualitative research methodology was used and included qualitative descriptive analysis. This descriptive-analytical study was carried out to investigate opinions on the implications of the merger and preferred options for redress of any systemic challenges. It employed Focused Group Discussions (FGDs) to supplement in-depth interviews. Interviews were conducted among 40 key participants within formal and informal institutions including officials from both the Land Commission and Town and Country Planning Departments. Purposeful sampling was employed, and an interview guide was developed and used for collecting the data. Data were analyzed using a thematic approach. The results showed that in this structural reform, the ‘allodial title’ holder was much more trusted for tenure security because of the traditional legitimacy of the King as the sole owner and controller of land. The title registration system therefore principally served the secondary purpose as additional security. The findings indicate that in the circumstance where the law was seen as pliable, the policy engendered blurred and confusing effects that deepened the sense of ambiguity and outcomes were sometimes contradictory. We argued that the crossroads presented challenges that were novel and engendered innovative thinking for more appropriate solutions. The study revealed that policy reforms must be tailor-made to the physical, social, cultural and economic settings.

scholarly journals Land tenure in tea farming and exploring factors influencing a rural household’s decision to exit or enter farming

2020 ◽  
Vol 50 (12) ◽  
Author(s):  
Shamsheer ul Haq ◽  
Ismet Boz ◽  
Pomi Shahbaz
Keyword(s):  
Land Tenure ◽  
Management Practices ◽  
Good Practice ◽  
Rural Households ◽  
Family Members ◽  
Personal Characteristics ◽  
Highly Educated ◽  
Rental Markets ◽  
Ownership Of Land ◽  
Ownership Rights

ABSTRACT: Self-operated land and operated by tenure may affect the sustainability of farming in a region. This study planned to analyze how rural households switch away from tea farming even they have parental land, and how landless access the land for tea farming. For this a total of 138 tea growers were interviewed including 27 farmers who had just ownership of land and had left the tea farming. Logistic regression was applied to assess the determinants of rural household’s decision to exit and enter the land market. Farmers were compared over their farm management practices and personal characteristics. The owned farmers were good in management and adoption of good practice in tea farming than those who accessed land as a shareholder and not had their own land. Rural households head as getting older, having high education and also having an off-farm occupation, having more university graduated family members, and family members having off-farm occupations are more likely to exit from farming and supply their land to rental markets. On the other side, an older and highly educated head of landless family is less likely to become a shareholder. Here also off-farm occupation has a negative and insignificant effect on the probability of landless household working as a shareholder. If the head of the landless family has a wish to become a successful farmer, then he is more likely to work as an owner. It implies that a person is less likely to work as a shareholder and more likely to get land with ownership rights not only land-using rights.

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