scholarly journals KEPEMILIKAN TANAH ABSENTEE OLEHPEGAWAI NEGERI SIPIL BERDASARKAN PERATURAN PEMERINTAH NOMOR 4 TAHUN 1977

2019 ◽  
Vol 6 (1) ◽  
pp. 951-975
Author(s):  
Chita Herdiyanti
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Government Regulation ◽  
Agricultural Land ◽  
Land Ownership ◽  
Profit Sharing ◽  
Civil Servants ◽  
Basic Rule ◽  
The People ◽  
Level Ii

Agricultural land that is owned by a cord (Absentee) is legally prohibited. Because the ownership of the Absentee-owned Agricultural Land distances the ideals and spirit of land reform as the basic rule of every National Agrarian law. Absentee land tenure is prohibited because it can restore a very detrimental Landlord system especially to local farmers residing in Absentee land. True agricultural land should be utilized and done in an effort to meet the productivity that will raise the economy nationally. However, Government Regulation No. 4 of 1977 concerning Agricultural Land Ownership by Clothes (Absentee) for Retired Civil Servants states that "a Servant within 2 (two) years preceding retirement allowed to buy agricultural land in guntai (absentee) covering an area of up to 2/5 of a part the maximum limit of land tenure for the relevant Level II Regions. ". Is the ban on the ownership of farmland in a strand (Absentee) applies to all the people of Indonesia ?. The prohibition of land ownership does not apply to Civil Servants State From the provisions of the law above can be concluded that Civil Servants (PNS) can have Absentee land because it is considered Civil Servants have been credited as a driver of the state system. However, with the conditions set forth in the legislation. Civil Servants or Retired Civil Servants who have farmland by hand (Absentee) can make a profit-sharing system as an effort to manage the absentee land to be more productive again by sticking to the prevailing laws and regulations.

scholarly journals HARMONISASI REGULASI KEPEMILIKAN TANAH PERTANIAN SECARA ABSENTEE BAGI PEGAWAI NEGERI DALAM PROGRAM LANDREFORM

2019 ◽  
Vol 26 (2) ◽  
pp. 281
Author(s):  
Yunizar Wahyu Tristanto
Keyword(s):  
Land Reform ◽  
Government Regulation ◽  
Agricultural Land ◽  
Agricultural Soils ◽  
Land Ownership ◽  
Civil Servants ◽  
Start Time ◽  
The Government ◽  
Legal Subjects ◽  
And Control

Peoples needs can not be separated from the need of land . Once the importance of soil functions for society , need to be regulated in order to ensure the mastery and utilization at the same time in order to create legal certainty for the public . The problem that then arises since the start time of independence is disproportionate land ownership . In order to overcome these problems , the government has enacted Law No. 5 of 1960 About the Agrarian and the Reformation has been set TAP MPR No. IX / MPR / 2001 on Agrarian Reform and Natural Resources Management . One important aspect of the law with the enactment of the UUPA is a program of Landreform in Indonesia . Landreform became one of the alternatives for agrarian justice to resolve agrarian disputes and conflicts . one of the land reform program is the prohibition of absentee ownership of agricultural land. The problem that then occurs is the existence of exceptions in absentee land ownership . The problems regarding the permissibility of absentee ownership of agricultural land by the Servants . The exception contained in Article 3 Paragraph (4) of Government Regulation No. 224 of 1961 on the implementation of Land Distribution and Provision of Compensation. Ownership and control of agricultural soils in absentee in Article 10 Paragraph (1) UUPA is basically prohibited, but in Article 3 Paragraph (4) PP No. 224 years 1961, the government granted an exemption absentee ownership of agricultural land to some legal subjects of the Servant , retired civil servants , widows and widows of civil servants retired civil servants.

scholarly journals Auction Winner Legal Protection Execution of Liability for Land Rights in Absentee

2020 ◽  
Vol 3 (4) ◽  
pp. 39-46
Author(s):  
Endry Mayuni ◽  
Maria Suhita
Keyword(s):  
Land Reform ◽  
Government Regulation ◽  
Agricultural Land ◽  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Land Area ◽  
The Supreme Court ◽  
Circular Letter ◽  
Winning Bidder

The auction is a public sale by finding the highest price, the auction may be movable items or goods not moving. Determined the winning bidder after the auction officials published a treatise auction that has the strength of evidence is perfect as an authentic deed. In the auction of immovable goods, such as land, the minutes of the auction as proof of deed used for basic transition is done at the land department and spatial / National Land Agency. Related to agricultural land auction participants except there is no restriction in Article 77 point (1) of the Regulation of the Minister of Finance Regulation Number 27 / PMK.06 / 2016 the official auction, husband or wife of the auction officials, officials from the seller, auction guide, judges, prosecutors, clerks, Interpreters confiscation, lawyer / Advocate, Notary, official land deed, appraisers, inspectors DJKN, auction hall employees, and there are opportunities outside the auction winner who makes the land area of the object object absentee land. Ownership of absentee land is prohibited by law because it does not comply with land reform in Indonesia is feared the land is not worked actively, therefore, must be transferred not later than 6 months after the issuance of the certificate to others that one domicile to the object land or or move one subdistrict area with the land object. In Article 3d Government Regulation number 41 of 1964 that the prohibition of transfer of land into an object mengabitkan absentee land. Legal protection The auction winner is causing land object into absente stated in a circular letter of the Supreme Court in 2016 for number 4 in the realm of good faith purchaser.

scholarly journals PENERAPAN LARANGAN PEMILIKAN TANAH PERTANIAN SECARA ABSENTEE

2019 ◽  
Vol 3 (2) ◽  
pp. 159
Author(s):  
Chandra Dewangga Marditya Putra
Keyword(s):  
Rural Communities ◽  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Ownership ◽  
Agricultural Lands ◽  
Farming Community ◽  
Reform Program ◽  
The Government ◽  
And Control

Untuk menjadikan masyarakat tani yang adil dan makmur maka pemerintah melalui program landreform yang meliputi perombakan mengenai kepemilikan dan penguasaan tanah serta hubungan-hubungan hukum yang bersangkutan dengan penguasaan tanah. Sesuai dengan Pasal 10 ayat (1) Undang-Undang Pokok Agraria telah mengamanahkan terkait larangan kepemilikan atas tanah pertanian secara absentee. Dengan adanya ketentuan tersebut diharapkan para pemegang hak atas tanah pertanian dapat mengusahakan atau mengerjakan sendiri tanah yang dimilikinya sehingga tanah-tanah pertanian memang menjadi produktif dan tidak terdapat tanah pertanian yang di biarkan atau absentee. Tujuan larangan absentee agar hasil yang diperoleh dari pengusahaan tanah sebagian besar dapat dinikmati oleh masyarakat desa tempat letak tanah. Fenomena larangan tanah absentee/guntai secara nyata terjadi, tetapi tidak dilakukan sanksi yang tegas.Kata kunci: absentee, kepemilikan hak atas tanah, pertanian, sanksi. To make a fair and prosperous farming community, the government through a Land Reform program which includes a reshuffle of land ownership and control as well as legal relations concerned with land tenure. In accordance with Article 10 paragraph (1) the Basic Agrarian Law mandates Absentee prohibitions on ownership of agricultural land. With the existence of these provisions it is expected that holders of agricultural land can cultivate or work on their own land so that agricultural lands are indeed productive and there is no agricultural land that is left or Absentee. The purpose of the Absentee ban is that the results obtained from the cultivation of land can be enjoyed mostly by rural communities where the land is located. The phenomenon of the prohibition of Absentee / guntai land actually occurred, but no strict sanctions were made.Keywords: absentee,ownership of rights to land, agriculture, sanctions.

Land Reform in Zimbabwe: Some Legal Aspects

1993 ◽  
Vol 31 (4) ◽  
pp. 585-600 ◽  
Author(s):  
Gino J. Naldi
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Legal Aspects ◽  
Livestock Production ◽  
Declaration Of Independence ◽  
Unilateral Declaration ◽  
Liberation Movements ◽  
Crop And Livestock Production ◽  
Trust Lands

The Government of Zimbabwe has only recently begun to implement the commitment of the liberation movements to give land to poor ‘communal’ farmers, especially those dispossessed by the whiteminority régime after Rhodesia's unilateral declaration of independence in 1965. It needs to be recalled that by virtue of the Land Tenure Act of 1969 almost half of the country's agricultural land was allocated to Europeans, who had ‘greater access to the regions considered suited to intensive crop and livestock production’, and that ‘On average, each of the nearly 7,000 European farms was roughly 100 times the size of any of the 700,000 or so holdings in the Tribal Trust Lands’. The fact that much of this land was under-utilised only served to increase African resentment.

scholarly journals Penguasaan Tanah Oleh Orang Asing Dalam Perspektif Hak Bangsa

2018 ◽  
pp. 66-88
Author(s):  
Arif Rachman Nur
Keyword(s):  
Land Tenure ◽  
Government Regulation ◽  
Close Relation ◽  
Land Ownership ◽  
Comparative Approach ◽  
Separation Principle ◽  
The Government ◽  
The Times ◽  
Water Space ◽  
Land Water

The Indonesians has a close relation with land, water, space and natural resources in the territory, in order of the Nations Right to the highest order in the hierarchy of land tenure. But concurrently with the times, not only the Indonesian needed land and buildings, but also foreigners who working in Indonesia. It is the background of enactment of Government Regulation No. 41 of 1996 replaced by Government Regulation No. 103 of 2015 about Residential Ownership by Foreigner. Nevertheless the Government Regulation is considered not nationalists because mortgaging the Indonesia's territory to foreigner for investment reason. The method used in this research is a normative research with statute approach, historical approach and comparative approach. This research used primary legal sources and secondary legal sources incorporating nonlegal resources collected with literature research. Then the legal sources are qualitatively analyzed and then presented descriptively. The results of the study shows: 1) Housing ownership does not necessarily have an implication on land ownership, because the adoption of the Horizontal Separation Principle does not allow foreigners to own land even though they already have buildings on it. However, the period of Right to Use which is too long to reach 80 years can conflict with the Rights of the Nation; 2) Land tenure restriction by foreigners permanent residence in Indonesia is an obligation for the government to respect and protect the Rights of the Nation. The land tenure restriction is carried out by limiting housing ownership in the elaboration of subjects, quota restrictions, zoning, arrangements related to buying and selling and the establishment of duties to supervise the ownership of residential houses for foreigners domiciled in Indonesia.

scholarly journals Determinants of Preferences of the Respondents for the Payment for Environmental Services among the Rural Farming Households in Oyo State Nigeria

2021 ◽  
pp. 90-98
Author(s):  
Adesiyan Olusegun Israel
Keyword(s):  
Land Tenure ◽  
Agricultural Land ◽  
Land Ownership ◽  
Living Standard ◽  
Environmental Services ◽  
Previous Knowledge ◽  
State Farm ◽  
Payment For Environmental Services ◽  
Farming Households ◽  
Micro Credit

This study attempted to uncover the factors that influence preferences of the poor farming households for the attributes of Payment for environmental services (PES) in the Oyo State farm settlement Nigeria. Educational attainment, age of the respondents, previous knowledge of PES, land tenure, provision of micro credit, number of dependents, marital status and main occupation of the respondents. Dependent variable is preference for PES attributes.A multi-stage sampling technique was employed for this study.This study used exclusively Primary data.Which were collected through the use of a well-structured questionnaires and interview schedule for the literate and non-literate farmers respectivelyTotal sample of 395 out of 547respondents (i.e.72%) were drawn cumulatively. The regression results showed that previous knowledge of PES and provision of microcredit are significant at 5% each, while land ownership right is significant at 10% in the educational poverty group. In the consumption poverty group, previous knowledge of PES is significant at 5%, while land ownership right is positively significant at 1%, respectively. Housing/living standard poverty group; previous knowledge of PES and land ownership rights   are significant at 5% each. From the findings of this study, it implies that if micro credit facilities are provided to these poor farming households, they will be willing to conserve the environmental resources (i.e. agricultural land). It therefore suggests that a well thought institutional arrangement with PES in view could be put up to enhance natural resource conservation and by extension reduction of poverty.

Land Ownership in Ukraine: Reform Issues

2020 ◽  
Vol 11 (4) ◽  
pp. 1175
Author(s):  
Ivan O. KOSTYASHKIN ◽  
Nadiia I. CHUDYK-BILOUSOVA ◽  
Liudmyla S. TARANENKO ◽  
Alla V. ANDRUSHKO ◽  
Natalia M. LOGINOVA
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Legal Regulation ◽  
State Regulation ◽  
Market Reform ◽  
Land Market ◽  
The European Union ◽  
Business Entities ◽  
Land Control

At present, the issue of land market reform for Ukraine is extremely urgent, as the state has for over 20 years been operating a moratorium on the alienation of agricultural land. The prudent transition from a moratorium on the alienation of agricultural land to the modern land market is a priority area for land reform. The purpose of the paper is to conduct a scientific analysis of the current state of land market reform in Ukraine, as well as to compare the chosen reform path with the experience of developing the mechanisms of legal regulation of the land market in several European countries. Methods traditional for legal studies in Ukraine were used to achieve this purpose: historical law; comparatively law; formal law. The study found that a moratorium on the sale of agricultural land leads to the existence of a gray land market, which benefits primarily large corporations, and violates the rights of other business entities. State regulation in the EU countries is expressed in limiting the size of land, control over compliance with the change of purpose of land or the absolute prohibition of its change, restrictions on admission to the purchase of land by foreigners, obtaining special permits for the acquisition of agricultural land, etc. To fulfil the potential of the land market and fully protect the rights of landowners, it is important to consider not only the expansion of opportunities for sale but also the lease of land. The experience of the European Union states that the priority way of development of the land market is its development through stimulation of the farming method of land tenure and land use, which contributes to the performance of the social function by the land.

scholarly journals KESADARAN HUKUM MASYARAKAT DALAM JUAL BELI TANAH DENGAN AKTA PPAT DI KECAMATAN TINANGGEA KABUPATEN KONAWE SELATAN SULAWESI TENGGARA

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 425
Author(s):  
Rifan Agrisal Ruslan ◽  
Umar Ma’ruf
Keyword(s):  
Data Collection ◽  
Government Regulation ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Land Ownership ◽  
Primary Data ◽  
The Public ◽  
Land Grab ◽  
The People

The purpose of writing in this study is the first, to know and analyze factors Some people in Tinanggea Sub-District South Konawe Regency of Southeast Sulawesi that has not yet had legal awareness in the act of buying and selling land ownership in the presence of PPAT. Second, To know and Analyze Efforts - Local Government efforts in awakening the community in District Tinanggea South Konawe Southeast Sulawesi against the sale and purchase of land ownership in the presence of PPAT. Third To know to be done in order to Maasyarakat in Tinanggea Sub-District of Konawe Selatan Regency in Sulawesi Teggara performs the sale and purchase of land ownership in the presence of PPAT.The approach method used in this research is empirical juridical. Juridically, this research is based on the rule of law of Basic Agrarian Law and Government Regulation Number 37 Year 1998 juncto Government Regulation Number 24 Year 2016. Empirically, this study aims to know about the rules related to the transfer of land rights with the fact that occurred that deviate from the rules that prevail in the District Tinanggea South Konawe Southeast Sulawesi. Specification of Research that is the object of research is the plot of land is the transfer of Rights to Land with the act of buying and selling of land ownership in the presence of PPAT conducted. Sources and Techniques Data collection is primary data obtained from interviews conducted by 30 respondents and secondary data obtained from the opinions of scholars and literature review. Then Theory in use is Position Theory, Authority Theory and Theory of Legal Certainty.From the results of research can be concluded that the legal consciousness of the people of Tinanggea Sub-District of South Konawe Regency of Southeast Sulawesi is related to the transfer of land rights due to the sale and purchase of land ownership in the presence of the First PPAT: Caused by lack of PPAT and PPATS in the community, which is set by the competent authorities, Caused by a very high kinship and Due to a very low legal community awareness. The second is the government's efforts in the form of socialization held by the local revenue agency related Value Object Tax (NJOP), Tinanggea sub-district office along with jejerannya Kelurahan and village appealed and made a place for reporting / consultation related to the transfer of rights of Sale and Purchase of Land, Cooperation undertaken by Tinanggea Subdistrict Sub-District and Village that make the Letter of Statement of Physical Land Mastery (SPPFT) that the letter is known by Kecamatan Kelurahan and Desa. The third is: The ideal concept of the author's research is the legal counseling to the public to grow knowledge to the public about the importance of legal awareness of the act of buying and selling land ownership in the presence of PPAT, Socialization of the sale and purchase of land ownership in the presence of PPAT. As a form of government service to the public in awakening the rights and obligations of the people in the eyes of the law and Data Collection and the making of Land Book is aimed to record and provide a legal protection for the community so that no land grab or land disputes.Keywords: Legal Awareness, Sale and Purchase, Tinanggea Sub-district.

scholarly journals Introducing CSR - The Missing Ingredient in the Land Reform Recipe?

2017 ◽  
Vol 17 (2) ◽  
pp. 758 ◽  
Author(s):  
Henk J Kloppers
Keyword(s):  
Social Responsibility ◽  
Land Reform ◽  
Agricultural Sector ◽  
Agricultural Land ◽  
Business Case ◽  
Land Ownership ◽  
Tenure Reform ◽  
Reform Programme ◽  
The Government ◽  
Corporate Social

In reaction to the unequal land ownership brought about by decades of apartheid, the first democratically elected government embarked on an extensive land reform programme - a programme consisting of the three constitutionally protected pillars: restitution, redistribution and tenure reform. The aim of this programme is not only to provide for restitution to persons who lost their land as a result of racially based measures, but also provide previously disadvantaged South Africans with access to land in order to address the unequal land ownership. This research focuses on the restitution and redistribution pillars of the land reform programme. The progress made in terms of both these sub-programmes has been disappointing. With reference to redistribution the government has set the target to redistribute 30% of white owned commercial agricultural land to black persons by 2014. To date, less than 10% of this target has been achieved and all indications are that the overwhelming majority of land which has been redistributed is not being used productively or have fallen into a state of total neglect. The state of the redistributed land can be attributed to a variety of causes, with the main cause being the government's inability to provide proper post-settlement support to land reform beneficiaries. Against this background it is clear that alternative options have to be identified in order to improve the result of land reform. This article identifies corporate social responsibility (CSR) as one of the missing ingredients in the recipe for a successful land reform programme. The article introduces CSR and discusses the business case for CSR; identifies its benefits; considers its possible limitations; and examines the major drivers behind the notion. From the discussion of these topics it will become evident that an assumption of social responsibility by businesses in especially the agricultural sector might contribute to an improved land reform programme.

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