The Impact of Documenting Land Rights on Investment and Productivity

This article explores interculturalism in Australia, a nation marked by the impact of coloniality and deep colonising. Fostering interculturalism—as a form of empathic understanding and being in good relations with difference—across Indigenous and non-Indigenous lived experiences has proven difficult in Australia. This paper offers a scoping of existing discourse on interculturalism, asking firstly, ‘what is interculturalism’, that is, what is beyond the rhetoric and policy speak? The second commitment is to examine the pressures that stymy the articulation of interculturalism as a broad-based project, and lastly the article strives to highlight possibilities for interculturalism through consideration of empathic understandings of sustainable futures and land security in Australia. Legislative land rights and land activism arranged around solidarity movements for sustainable futures are taken up as the two sites of analysis. In the first instance, a case is made for legislative land rights as a form of coloniality that maintains the centrality of state power, and in the second, land activism, as expressed in the campaigns of Seed, Australia’s first Indigenous youth-led climate network and the Australian Youth Climate Coalition, are identified as sites for plurality and as staging grounds for intercultural praxis.

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Modern Developments in African Land Tenure: an Aspect of Culture Change

Africa ◽

10.2307/3180528 ◽

1948 ◽

Vol 18 (3) ◽

pp. 184-189 ◽

Cited By ~ 1

Author(s):

L. P. Mair

Keyword(s):

Land Tenure ◽

Culture Change ◽

Western Europe ◽

Land Rights ◽

Point Of View ◽

African Society ◽

General Application ◽

Modern Process ◽

The Impact ◽

Infinite Range

African land tenure is a subject so vast that in dealing with it one hesitates to commit oneself to statements of general application lest particular instances should be found to controvert them. Yet, when it is considered from the point of view of culture change, it is possible to discern a number of general trends, the nature of which is similar because their cause is the same–the impact on African society of the commercial economy of Western Europe with its infinite range of forms of wealth and possibilities of acquiring them. Though other forces too are active in the modern process of culture change, this is the most pervasive, and its influence can be traced in the development of every institution. In the case of land rights, closely bound up as they are with systems of production, the influence is direct and obvious.

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PERLINDUNGAN HUKUM BAGI TANAH ULAYAT MASYARAKAT ADAT KESULTANAN DELI AKIBAT NASIONALISASI NV DELI MAATSCHAPPIJ [Legal Protection of the Communal Land Rights of the Deli Sultanate due to the Nationalization of NV Deli Maatschaapij]

Law Review ◽

10.19166/lr.v20i1.2401 ◽

2020 ◽

Vol 20 (1) ◽

pp. 46

Author(s):

Jeremy Aidianto Naibaho ◽

Bambang Daru Nugroho ◽

Yusuf Saepul Zamil

Keyword(s):

Indigenous Peoples ◽

Legal Protection ◽

Land Rights ◽

Library Research ◽

National Economic ◽

Communal Land ◽

The Government ◽

Plantation Company ◽

Customary Land ◽

The Impact

Abstract Nationalization of a Dutch-owned plantation company, NV Deli Maatschappij, was an attempt by the government to improve national economic situation. However, during the process, communal land which was concessioned to the plantation, was also nationalized and not given compensation by the government which resulted the indigenous people of Deli Sultanate losing their customary land. The former plantation land was converted to Cultivation Rights and handed over to the State Plantation Company This problem led to a prolonged conflict over ownership of the former estate. The purpose of this study is to determine the validity of the nationalization process carried out by Indonesian government on the existence of indigenous peoples’ customary land rights and obtain settlement of customary land rights of indigenous peoples as the impact on nationalization. Furthermore, this research is normative legal research (library research) with a statutory approach (statue approach). Keywords: Nationalization, Communal Land, Compensation Abstrak Proses nasionalisasi Perusahaan Perkebunan milik Belanda, yaitu NV Deli Maatschappij adalah upaya pemerintah untuk memperbaiki perekonomian Negara. Namun dalam pelaksanaannya tanah ulayat yang dikonsesikan kepada perkebunan juga ikut ternasionalisasi dan tidak diberikan ganti kerugian oleh pemerintah yang berakibat Masyarakat Adat Kesultanan Deli kehilangan tanah ulayatnya. Tanah bekas perkebunan diubah menjadi Hak Guna Usaha dan diserahkan kepada Perusahaan Perkebunan Negara. Hal ini menimbulkan konflik berkepanjangan tentang kepemilikan tanah bekas perkebunan tersebut. Penelitian ini merupakan penelitian hukum normatif (library research) dengan pendekatan undang-undang (statue approach). Tujuan penelitian ini adalah untuk menilai keabsahan proses nasionalisasi yang dilakukan oleh pemerintah Indonesia terhadap eksistensi hak ulayat Masyarakat Adat dan memperoleh penyelesaian sengketa tanah ulayat Masyarakat Adat sebagai dampak atas nasionalisasi. Kata Kunci: Nasionalisasi, Tanah Ulayat, Ganti Rugi

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Legal Vacancies in the Transfer of Rights to Class III State Houses in the Form of Flats

Activa Yuris: Jurnal Hukum ◽

10.25273/ay.v1i1.8675 ◽

2021 ◽

Vol 1 (1) ◽

Author(s):

Adi Jatmika

Keyword(s):

Research Method ◽

Land Rights ◽

The Other ◽

Class Iii ◽

Land Registration ◽

Group Iii ◽

Positive Law ◽

Shared Objects ◽

The Status ◽

The Impact

Class III state houses are in the form of flats including those whose rights can be transferred either independently and / or in the form of Apartment Units with or without their land by means of leasing, there are sectoral regulations that regulate these matters such as rules regarding state houses, flats, state property, and land registration have the impact of disharmony and legal vacancies. The research method used is the juridical-normative research method. The final part of this research concludes that the validity of Class III State Houses in the Form of Flats must meet the requirements stipulated in statutory regulations, including the status of land rights, the distribution of apartment elements such as shared land, shared objects, and parts together as regulated in the Law on Flats, the existence of the Association of Owners and Occupants of Apartment Units (PPPSRS) which is formed by the agency concerned, as well as the issuance of the Occupancy Permit of Class III State Houses in the Form of Flats. Holders of occupancy permits have rights, namely SIP Holders of State Houses of Category III can apply for transfer of Class III State Houses to the relevant Minister, protection of efforts to apply for transfer of these rights is preventive based on positive law in Indonesia which regulates the transfer can be carried out. There was a vacuum and disharmony in the Legislation regarding the Transfer of Rights to Group III State Houses in the Form of Flats, seen from the existence of Regulations that govern the transfer as in Presidential Regulation Number 11 of 2008, on the other hand there are no regulations governing the transfer of Class III State Houses. In the form of a Flat with the implications regarding the status of the Flat Ownership Unit (SHM Sarusun) as well as the status of joint shares, common objects, and common land, whether it can be transferred and managed by the Association of Owners and Residents of Flats (PPPSRS) or still become State Property

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Formalizing land rights can reduce forest loss: Experimental evidence from Benin

Science Advances ◽

10.1126/sciadv.abb6914 ◽

2020 ◽

Vol 6 (26) ◽

pp. eabb6914

Author(s):

Liam Wren-Lewis ◽

Luis Becerra-Valbuena ◽

Kenneth Houngbedji

Keyword(s):

Forest Management ◽

Agricultural Land ◽

Land Rights ◽

High Rate ◽

Tree Cover ◽

Forest Loss ◽

Community Forest Management ◽

Community Forest ◽

Customary Land ◽

The Impact

Many countries are formalizing customary land rights systems with the aim of improving agricultural productivity and facilitating community forest management. This paper evaluates the impact on tree cover loss of the first randomized control trial of such a program. Around 70,000 landholdings were demarcated and registered in randomly chosen villages in Benin, a country with a high rate of deforestation driven by demand for agricultural land. We estimate that the program reduced the area of forest loss in treated villages, with no evidence of anticipatory deforestation or negative spillovers to other areas. Surveys indicate that possible mechanisms include an increase in tenure security and an improvement in the effectiveness of community forest management. Overall, our results suggest that formalizing customary land rights in rural areas can be an effective way to reduce forest loss while improving agricultural investments.

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Case of the Kaliña and Lokono Peoples v. Suriname

The American Journal of International Law ◽

10.1017/ajil.2017.5 ◽

2017 ◽

Vol 111 (1) ◽

pp. 147-154

Author(s):

Lucas Lixinski

Keyword(s):

Human Rights ◽

Indigenous Peoples ◽

Land Rights ◽

Legal Personality ◽

Collective Rights ◽

Indigenous Groups ◽

Indigenous Land Rights ◽

Judicial Protection ◽

The Impact ◽

Indigenous Land

On November 25, 2015, the Inter-American Court of Human Rights (Court) held that the state of Suriname had violated the rights of two indigenous groups by denying recognition of their juridical personality and their entitlement to collective property and judicial protection. In Kaliña and Lokono Peoples v. Suriname, the Court also considered the impact of nature reserves on indigenous land rights, as well as the legitimacy of private titling of property that encroaches on land for which collective title has not been attained. The decision pushes the Court's previous jurisprudence significantly—and somewhat controversially—by asserting that under the American Convention on Human Rights, indigenous peoples are entitled, as collective entities, to recognition of their legal personality. In so doing, the Court challenged ordinary assumptions about the individualized character of most adjudication regarding international human rights and made the possibility of enforcing collective rights more palpable.

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The impact of agricultural land rights confirmation on agricultural machinery service adoption:Evidence from the North China Plain

资源科学 ◽

10.18402/resci.2021.06.05 ◽

2021 ◽

Vol 43 (6) ◽

pp. 1115-1127

Author(s):

Bin HUANG ◽

Qiang GAO ◽

Keyword(s):

North China Plain ◽

North China ◽

Agricultural Land ◽

Land Rights ◽

Agricultural Machinery ◽

The North ◽

The North China Plain ◽

The Impact

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

Jurnal Akta ◽

10.30659/akta.v7i2.7963 ◽

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.

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The Impact of Sargon & Enheduanna on Land Rights in Deuteronomy

Biblical Theology Bulletin Journal of Bible and Culture ◽

10.1177/0146107918818040 ◽

2019 ◽

Vol 49 (1) ◽

pp. 22-31

Author(s):

Don C. Benjamin

Keyword(s):

Land Use ◽

Unwanted Pregnancy ◽

Land Rights ◽

Birth Stories ◽

Ancient Israel ◽

Land Use Rights ◽

The Impact ◽

The Way

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.

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