Venezuela's Land Reform: Progress and Change

1973 ◽  
Vol 15 (2) ◽  
pp. 205-220 ◽  
Author(s):  
John Kirby
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agrarian Reform ◽  
Public Lands ◽  
Full Scale ◽  
Equitable Distribution

The reform of Venezuelan land tenure dates from the overthrow of Perez Jiménez in 1958. Acción Democrática, which assumed power after the elections of that year, had already promulgated an Agrarian Reform Law during its short-lived interlude between military governments, 1946-1948. In 1959, it continued its previous policy of subdividing public lands through the agency of the Instituto Agrario Nacional (IAN), established by the earlier law. But the full-scale reform began with the new “Ley de Reforma Agraria” in March 1960. It permits expropriation of lands which are not being adequately used, with the object of replacing the “latifundio system by a just system of property, land tenure and production, based on the equitable distribution of the farmlands, the proper organisation of credit, and the provision of full-scale assistance” (Instituto Agrario Nacional, 1969).

scholarly journals The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

2019 ◽  
Vol 4 (1) ◽  
pp. 125-127
Author(s):  
Widhiana Hestining Puri
Keyword(s):  
Property Rights ◽  
Land Tenure ◽  
Land Reform ◽  
Agrarian Reform ◽  
Customary Law ◽  
Regulation Mechanism ◽  
Individual Property ◽  
Positive Law ◽  
Community Regulation ◽  
The Village

THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY   Widhiana H. Puri Phd Student at Law Fakulty of Gadjah Mada University and Lecture in National Land Academy, Indonesia. Email [email protected] Research Highlights   Land reform is a state effort to overcome the imbalance of land tenure in the community (Wiradi, 2000 # 1). Customary law in the Javanese community recognizes the existence of a mechanism of welfare distribution through the ownership and joint use of land in community togetherness bonds based on territorial factors as well as the concept of land reform. The existence of customary land as pekulen land is land owned by the village whose use rights can be requested by the villagers with a rotating utilization mechanism among the villagers in need (Luthfi, 2010 # 2). The study found that indigenous peoples in Java had a welfare distribution mechanism that was the essence of land reform or agrarian reform through a mechanism of land communalization and distribution of its use carried out on a shared land / communal land of the village in rotation.     Research Objectives This research was conducted in order to understand the phenomena of the implementation of law that developed in the community. The existence of community law or so-called non state law, informal law, or customary law in Indonesia is very numerous. The reality of this law is that the majority is still far from the attention and order of a positive and formal state legal arrangement. The community regulation model is an effort to meet the needs of its legal ideals in the midst of limited state positive law arrangements that tend to be more static and less responsive (Puri, 2017 # 16). The community regulation mechanism is a manifestation of unity in the village community where the distribution of land use is carried out among community members who have a concept in line with the national agrarian policy of the country called land reform. The regulatory model initiated from the local level becomes the learning material for how the land regulation mechanism is not always top down, but can be bottom up based on customary law that is proven effective and in accordance with the characteristics of the local community.     Methodology This research was carried out through an empirical legal research model with research locations in villages in Pituruh Subdistrict, Purworejo Regency, Central Java Province. This research is a kind of analytical descriptive research that is directed to get an idea of ​​how the implementation of Javanese traditions in land management has a concept similar to land reform or agrarian reform. In order to analyze existing traditions, a socio-legal approach is carried out, namely a study of the law using the approach of law and social sciences in order to analyze it (Irianto, 2012 # 17). The legal approach referred to is not only to see aspects of norms that are built on the provisions of customary law alone but by looking at their relevance to the regulation of the positive law of the country as the territory of the enactment of the community regulation. This is to see the common thread and the interrelationship between the two and avoid the release of the phenomenon of legal pluralism that is within the scope of national law. So that the legal norms of the community can be assessed as the model of regulation that can be applied in other regions.     Results Javanese people in Indonesia have a land regulation mechanism that has a concept similar to that of land reform or agrarian reform by the state. The customary law of the Javanese community has a common bond based on territorial factors or similarity in the area of ​​residence (Taneko, 2002 # 11). Customary law communities with their customary rights can own and control land both in the concept of individual property rights and communal / communal property rights. The concept of shared property / communal rights illustrates the existence of ownership rights by all members of the community embodied in village control (Susanto, 1983 # 18). One form of joint ownership is the right of possession which can be controlled by community members with the permission of the village government to be used for the benefit of themselves and their families with a rotating mechanism. At present, land is experiencing strengthening and individualization, but the character of togetherness and social function of land is maintained through the distribution of utilization rights of speculative land which has the status of individual property rights, in village settings.     Findings Land reform or agrarian reform is a land policy that aims to overcome the imbalance of land tenure through the distribution of land to people in need. Land reform or agrarian reform can be extended not only to the concept of distribution of land ownership but also to the control and use of land. The limitations of the number of land parcels and the need for land can be overcome through a model of tenure and shared use of land based on the concept of joint property / communal rights over land.    

Land Distribution and Tenure in Colombia

1961 ◽  
Vol 3 (2) ◽  
pp. 281-290
Author(s):  
Robert Caryle Beyer
Keyword(s):  
World Bank ◽  
Land Tenure ◽  
Land Reform ◽  
Agrarian Reform ◽  
Land Distribution ◽  
Fidel Castro ◽  
The World Bank ◽  
The World ◽  
Made In

Before Fidel Castro entered Habana, one heard very little about land reform as the number one problem of Cuba. In 1950, the World Bank in its prodigious 1051-page study of the Cuban economy gave only four pages to the problem of land distribution and land tenure, and among the hundreds of recommendations made in this report, those that referred to agrarian reform were very few, general, and cautious.

scholarly journals The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

2019 ◽  
Vol 4 (3) ◽  
pp. 99-101
Author(s):  
Widhiana Hestining Puri
Keyword(s):  
Property Rights ◽  
Land Tenure ◽  
Land Reform ◽  
Agrarian Reform ◽  
Customary Law ◽  
Regulation Mechanism ◽  
Individual Property ◽  
Positive Law ◽  
Community Regulation ◽  
The Village

THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY   Widhiana H. Puri Phd Student at Law Fakulty of Gadjah Mada University and Lecture in National Land Academy, Indonesia. Email [email protected]   Research Highlights   Land reform is a state effort to overcome the imbalance of land tenure in the community (Wiradi, 2000 # 1). Customary law in the Javanese community recognizes the existence of a mechanism of welfare distribution through the ownership and joint use of land in community togetherness bonds based on territorial factors as well as the concept of land reform. The existence of customary land as pekulen land is land owned by the village whose use rights can be requested by the villagers with a rotating utilization mechanism among the villagers in need (Luthfi, 2010 # 2). The study found that indigenous peoples in Java had a welfare distribution mechanism that was the essence of land reform or agrarian reform through a mechanism of land communalization and distribution of its use carried out on a shared land / communal land of the village in rotation.     Research Objectives This research was conducted in order to understand the phenomena of the implementation of law that developed in the community. The existence of community law or so-called non state law, informal law, or customary law in Indonesia is very numerous. The reality of this law is that the majority is still far from the attention and order of a positive and formal state legal arrangement. The community regulation model is an effort to meet the needs of its legal ideals in the midst of limited state positive law arrangements that tend to be more static and less responsive (Puri, 2017 # 16). The community regulation mechanism is a manifestation of unity in the village community where the distribution of land use is carried out among community members who have a concept in line with the national agrarian policy of the country called land reform. The regulatory model initiated from the local level becomes the learning material for how the land regulation mechanism is not always top down, but can be bottom up based on customary law that is proven effective and in accordance with the characteristics of the local community.     Methodology This research was carried out through an empirical legal research model with research locations in villages in Pituruh Subdistrict, Purworejo Regency, Central Java Province. This research is a kind of analytical descriptive research that is directed to get an idea of ​​how the implementation of Javanese traditions in land management has a concept similar to land reform or agrarian reform. In order to analyze existing traditions, a socio-legal approach is carried out, namely a study of the law using the approach of law and social sciences in order to analyze it (Irianto, 2012 # 17). The legal approach referred to is not only to see aspects of norms that are built on the provisions of customary law alone but by looking at their relevance to the regulation of the positive law of the country as the territory of the enactment of the community regulation. This is to see the common thread and the interrelationship between the two and avoid the release of the phenomenon of legal pluralism that is within the scope of national law. So that the legal norms of the community can be assessed as the model of regulation that can be applied in other regions.     Results Javanese people in Indonesia have a land regulation mechanism that has a concept similar to that of land reform or agrarian reform by the state. The customary law of the Javanese community has a common bond based on territorial factors or similarity in the area of ​​residence (Taneko, 2002 # 11). Customary law communities with their customary rights can own and control land both in the concept of individual property rights and communal / communal property rights. The concept of shared property / communal rights illustrates the existence of ownership rights by all members of the community embodied in village control (Susanto, 1983 # 18). One form of joint ownership is the right of possession which can be controlled by community members with the permission of the village government to be used for the benefit of themselves and their families with a rotating mechanism. At present, land is experiencing strengthening and individualization, but the character of togetherness and social function of land is maintained through the distribution of utilization rights of speculative land which has the status of individual property rights, in village settings.     Findings Land reform or agrarian reform is a land policy that aims to overcome the imbalance of land tenure through the distribution of land to people in need. Land reform or agrarian reform can be extended not only to the concept of distribution of land ownership but also to the control and use of land. The limitations of the number of land parcels and the need for land can be overcome through a model of tenure and shared use of land based on the concept of joint property / communal rights over land.

scholarly journals AGRICULTURAL POLICY OF THE WEST UKRAINIAN PEOPLE’S REPUBLIC GOVERNMENT

2019 ◽  
Vol 32 ◽  
pp. 211-221
Author(s):  
Vitalii VYZDRYK ◽  
Oleksandra MELNYK
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agrarian Reform ◽  
The State ◽  
National Council ◽  
Tenure Reform ◽  
Agrarian Question ◽  
The Government ◽  
Methodological Principles ◽  
Land Management System

The article covers the preconditions and features of the agrarian reform in Western Ukraine. The land question is characterized since it demanded quick actions of the government in the legislative field because of the war with Poland. In the article, the regulatory framework is investigated, which regulated the powers of the authority and administration in the agricultural sphere. Legislative resolution of the land issue for farmers would help to rebuild the destroyed farms, which would be extremely important for the future state. The purpose of the study is to justify the preconditions for land reform, its significance for the Galician peasantry, and the adoption of a legislative framework. The agrarian reform was in charge of the State Secretariat of Land Affairs, and its responsibilities included the preparation and control of land tenure reform. He was subordinated to the district referendums at the state county commissariats, who gradually grew into the land division. The methodological basis for scientific research is the principles of scientific cognition, historicism, and objectivity; both general scientific and special methods of cognition were used to study the main methodological principles and aspects of this theme. It is shown the content of the agrarian reform and its ethnopolitical direction, highlighted the role of the land management system in the economic development of the village, considered the policy of the leading Ukrainian parties concerning the agrarian question. Keywords West Ukrainian People’s Republic, agrarian reform, Ukrainian National Council, agricultural legislation.

scholarly journals Implementation of Comprehensive Agrarian Reform Program of a Municipality in Negros Occidental

1970 ◽  
Vol 2 (2) ◽  
pp. 190
Author(s):  
Kim C. Ramos
Keyword(s):  
Comparative Study ◽  
Land Tenure ◽  
Land Reform ◽  
Agrarian Reform ◽  
The Philippines ◽  
National Government ◽  
Government Agencies ◽  
Tenure Status ◽  
Reform Program ◽  
Significant Difference

The implementation of land reform programs has become the point of issue in many parts of Asia, including the Philippines. This descriptive-comparative study determined the extent of implementation of the Comprehensive Agrarian Reform Program (CARP) among the Agrarian Reform Beneficiaries (ARBs) and implementers. Using the researcher-made questionnaire, 189 ARBs who are cultivating the CARP covered lands, and 9 CARP implementers provided data for this study. Aided by descriptive-comparative statistics, findings showed a great extent of implementation. It further revealed a significant difference in the extent of implementation of CARP as assessed by the ARBS and implementers. However, it showed no significant difference when ARBs were grouped according to the size of landholding, land tenure status, and crops planted. Moreover, there are challenges identified in the implementation of CARP that should be addressed by the DAR and other national government agencies involved in the implementation.

scholarly journals Pelaksanaan Program Redistribusi Tanah Di Kawasan Tanah Adat Provinsi Papua

Kosmik Hukum ◽  
2020 ◽  
Vol 20 (1) ◽  
pp. 64
Author(s):  
Yudhistira Setya Wardhana
Keyword(s):  
Land Tenure ◽  
Environmental Sustainability ◽  
Land Reform ◽  
Poverty Reduction ◽  
Agrarian Reform ◽  
Customary Law ◽  
Land Redistribution ◽  
Presidential Decree ◽  
The Republic ◽  
Economic Assets

Agrarian reform or Agrarian Reform as an issue, is complex and multidimensional which is a major program of the Indonesian state in realizing the welfare of the Indonesian people, especially in terms of increasing access of poor peasants to land tenure in Indonesia, but implementing agararial reform is not an easy thing, with many obstacles, both from the legal, land administration, social, political, cultural and security aspects. Agrarian Reform (Agrarian Reform) or land reform is one of the effective tools or ways to achieve successful development, because access to land is fundamental for socio-economic development, poverty reduction, and environmental sustainability, apart from being a factor of production, land is also a factor of wealth, prestige and strength or power. In this perspective, land redistribution not only results in an increase in economic assets owned by poor farmers, but also an increase in political power and social participation, thus, the implementation of agrarian reform is not only aimed at reducing poverty and unemployment, but also in order to eliminate inequality, especially in political and social fields. The Land Redistribution Program in Papua Province itself, as the author sees its implementation, does not pay attention to regulations higher than Presidential Decree Number 86 of 2018.This is also reinforced by Article 18B paragraph (2) of the 1945 Constitution which states that the state recognizes and respects customary law community units. along with their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia. In addition, Article 3 of the UUPA does contain the term "ulayat rights and rights similar to that". Keywords: Inconsistency, Ulayat Land, Land Redistribution

AGRARIAN REFORM UNDER THE REIGN OF JOKO WIDODO VIEWED FROM BASIC AGRARIAN LAW

2020 ◽  
Vol 10 (1) ◽  
pp. 107-122
Author(s):  
Rizka Refliarny ◽  
Herawan Sauni ◽  
Hamdani Ma'akir
Keyword(s):  
Economic System ◽  
Land Reform ◽  
Agrarian Reform ◽  
The State ◽  
Active Involvement ◽  
Reform Program ◽  
The Will ◽  
A Priority ◽  
Agrarian Law ◽  
Priority Program

This study raises the issue of agrarian reform draft under the reign of President Joko Widodo. Agrarian reform became a priority program in the RPJMN of 2015-2019. Based on this matter, the writer analyzes the concept of agrarian reform during the reign of Joko Widodo terms of BAL. The nature of the study was a normative research with statute approach, which was done in four ways, namely descriptive, comparative, evaluative and argumentative. The results showed that the agrarian reform draft during the reign of Joko Widodo is a concept of land stewardship and land reform. The economic system leads to a form of capitalism. It is necessary to conduct refinement of content and material of BAL implementation in order to achieve the justice and the welfare of the nation and the State. The agrarian reform program should be carried out in stages in order to obtain the desired results. It requires the will, ability and active involvement of all elements of the state.

Implementasi Kebijakan Agraria dan Ketimpangan Penguasaan Lahan (Kasus Lahan Eks HGU di Desa Cipeuteuy, Kecamatan Kabandungan, Kabupaten Sukabumi, Provinsi Jawa Barat)

2020 ◽  
Vol 4 (6) ◽  
pp. 731
Author(s):  
Muhammad Febri Ramdani
Keyword(s):  
Policy Implementation ◽  
Land Tenure ◽  
Quantitative Method ◽  
Qualitative Data ◽  
Agrarian Reform ◽  
Purposive Sampling ◽  
Reform Agenda ◽  
Agrarian Policy ◽  
Strong Relation ◽  
The Government

ABSTRAKMUHAMAD FEBRI RAMDANI. Implementasi Kebijakan Agraria dan Ketimpangan Penguasaan Lahan (Kasus Lahan Eks HGU di Desa Cipeuteuy, Kecamatan Kabandungan, Kabupaten Sukabumi, Provinsi Jawa Barat). Dibimbing oleh MARTUA SIHALOHO.Redistribusi lahan yang dilakukan oleh pemerintah sebuah upaya implementasi kebijakan agraria. Kebijakan agraria tersebut berupa asset reform (penataan aset) eks lahan perkebunan dengan skema legalisasi aset berwujud sertifikasi bidang lahan. Namun dalam pelaksanannya pemerintah mengklaim bahwa kebijakan tersebut merupakan agenda reforma agraria. Atas dasar klaim tersebut, penting untuk meninjau access reform (penataan akses) bekerja, karena pada hakikatnya reforma agraria merupakan asset reform (penataan aset) dan access reform (penataan akses) yang berjalan beriringan, dengan bertujuan untuk menata ketimpangan penguasaan lahan agar terwujudnya keadilan agraria (agrarian justice). Penelitian ini dilakukan dengan metode kuantitatif yang didukung kualitatif dengan pendekatan sensus. Metode yang digunakan untuk menentukan responden ialah purposive sampling dengan teknik non probability sampling. Pengolahan data menggunakan uji statistik rank spearman untuk melihat hubungan variabel. Hasil penelitian yang diperoleh menunjukan bahwa tingkat asset reform berada pada kategori rendah. Hasil uji statistik menunjukan bahwa asset reform berhubungan dengan access reform dan asset reform berhubungan dengan ketimpangan penguasaan lahan.Kata kunci: access reform, asset reform, keadilan agraria, reforma agrariaABSTRACTMUHAMAD FEBRI RAMDANI. Implementation of Agrarian Policy and Land Tenure Inequality (Case of Ex-HGU Land in Cipeuteuy Village, Kabandungan District, Sukabumi Regency, West Java Province). Supervised by MARTUA SIHALOHO.Land redistribution has been done by government as an effort of agrarian policy implementation. The policy came in form of asset reform of ex-plantation land with asset legalization scheme (land-part certification). But the government claimed that this policy is one of the agrarian reform agenda. It is important to observe how this access reform works, because agrarian and access reform can’t be separated one another, with purpose to reduce the inequality of land tenure so that the agrarian justice can be reach. This research used quantitative method supported by qualitative data, using the census approachment. Purposive sampling with non probabilty sampling used to specify the respondent. The data processed by rank spearman statistic test to analyze the relation between variable. This research shows a low level of asset reform. The statistic test shows that the low asset reform have a strong relation to low access reform, and high inequality of land tenure.Key words: access reform, agrarian justice, agrarian reform, asset reform

Syed Nawab Haider Naqvi, Mahmood Hasan Khan and M. Ghaffu Otaudhry (edt.). LaJld Reforms in Pakistan, A Historical Perspective. Islamabad: Pakistan Institute of Development Economics 1987. viii+216 pp.Price: Rs 220 (USS 35) for hardcover; Rs 140.00 (USS 20) for soft-cover.

1988 ◽  
Vol 27 (2) ◽  
pp. 217-218
Author(s):  
Luther Tweeten
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
State Ownership ◽  
Land Reforms ◽  
Policy Makers ◽  
Rural Pakistan ◽  
The Status ◽  
Land Tenure System ◽  
Ownership Of Land ◽  
High Degree

The authors describe how Pakistan has grappled with land reform, surely one of the most intractable and divisive issues facing agriculture anywhere. The land-tenure system at independence in 1947 included a high degree of land ownership concentration, absentee landlordism, insecurity of tenant tenure, and excessive rent. Land reform since 1947 focused on imposition of ceilings on landholding, distribution of land to landless tenants and small owners, and readjustments of contracts to improve the position of the tenant. These reformist measures have removed some but by no means all of the undesirable characteristics of the system. The authors list as well as present a critique of the reports of five official committees and commissions on land reform. The reports highlight the conflicts and ideologies of the reformers. The predominant ideal of the land reformers is a system of peasant proprietorship although some reformers favoured other systems such as communal farming and state ownership of land, and still others favoured cash rents over share rents. More pragmatic reformers recognized that tenancy is likely to be with Pakistan for the foreseeable future and that the batai (sharecropping) arrangement is the most workable system. According to the editors, the batai system can work to the advantage of landlord and tenant if the ceilings on landholding can be sufficiently lowered (and enforced), the security of the tenant is ensured, and the tenant has recourse to the courts for adjudication of disputes with landlords. Many policy-makers in Pakistan have come to accept that position but intervention by the State to realize the ideal has been slow. The editors conclude that" ... the end result of these land reforms is that they have not succeeded in significantly changing the status quo in rural Pakistan" (p. 29).

The impact of land reform on the development of united territorial communities

2020 ◽  
pp. 29-33
Author(s):  
Tamara Smovzhenko ◽  
Oryslava Korkuna ◽  
Ivan Korkuna ◽  
Ulyana Khromyak
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
Public Lands ◽  
Living Standards ◽  
The Public ◽  
Legal Documents ◽  
Practical Research ◽  
The Impact ◽  
Land Code

Nowadays, according to decentralization and current legislation (Land Code of Ukraine, Resolution of the Cabinet of Ministers of Ukraine and the Law of Ukraine «On Self-Governance»), the public lands have been transferred to the CTCs since 1 February 2018. In 2018/2019, 788 CTCs received communal ownership of 1.68 ha of public lands. According to the Draft Law «On Amendments to Several Legal Documents of Ukraine on Agricultural Lands Turnover», the consolidated territorial communities become the legal entities and can acquire property rights to agricultural land plots. Therefore, transferring the lands to be used by the newly created CTCs is currently an urgent issue that requires extended scientific and practical research. The paper aims to research the role of land reform in Ukraine and its impact on increase of CTCs’ budget revenues. The stages of land reform and the development of the land reform in Ukraine as well as its implementation strategy are outlined. The disparities of the integrated satellite map and the data of the Land Cadaster of Ukraine in terms of unregistered lands are defined. The amount of a CTC budget’s increased revenues due to the reform is estimated. Statistical data on small, medium, and large farmers and their interest in the land reform are analyzed. The terms of selling the land to foreign investors and conditions of participation in land auctions are examined. The mechanisms of land purchase, selling, and lease in line with the land reform are suggested. Generalizing the presented aspects of the land reform in Ukraine and their impact on economic activity of the newly created CTCs, it can be argued that the process is quite positive and necessary for both communities and businesses in order to get additional budget revenues for CTCs. The land reform improves the living standards of Ukrainian people through the disclosure of the country’s agricultural capacity.

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