scholarly journals Religion and Gender Policy Implementation in Zimbabwe

2020 ◽  
Vol 46 (2) ◽  
Author(s):  
Christina Landman ◽  
Shumba Sibiziwe
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
Cultural Practices ◽  
Land Ownership ◽  
Quota System ◽  
Gender Policy ◽  
Traditional Religions ◽  
And Gender ◽  
The Right ◽  
African Traditional Religions

African women’s histories show that economic marginalisation of women is rampant. This article evaluates how the implementation of African Traditional Religions, Christianity and the new National Gender Policy (2013–2017) impact on women’s access to land ownership in the Gwanda district of Zimbabwe. The land reform programme, initiated by the Zimbabwean government, endeavoured to alleviate the limited access to land by women through a quota system. The new National Gender Policy (2013–2017) asserts that women should constitute 20% of all recipients of A2 farming land. Women now have the right to apply for A1 and A2 agricultural land, and it gives women authority to control land as a means of production. This marks a departure from the traditional custom where women would acquire land only through their husbands, fathers or any male relative. In this study, a mixed-method approach and case study design were applied to explore if this could eradicate gender inequality caused by religions on women’s access to land ownership? The instruments were questionnaires, interviews, focus group discussions and document analysis. Purposive sampling was used to select a sample of 80 participants. The findings are that the patriarchal system and cultural practices of African Traditional Religions and Christianity hinder women from accessing land. Some women have a fear of the unknown. The study recommends that women should be conscientised against the marginalising effects of religious, cultural and patriarchal practices, and informed on the contents of the current National Gender Policy (2013–2017). There should also be more female representation on the Land Allocation Committee.

scholarly journals Conflicts in the land use in mountainous territories

2020 ◽  
Vol 164 ◽  
pp. 07018
Author(s):  
Zaur Ivanov ◽  
Alim Gurtuev ◽  
Zara Kunasheva ◽  
Zukhra Khocheva
Keyword(s):  
Land Use ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Ownership ◽  
North Caucasus ◽  
Market Mechanisms ◽  
Land Conflicts ◽  
The North ◽  
Land Disputes ◽  
The Right

The purpose of the study is to determine the causes of conflicts in the land use in land-hungry regions and to develop optimal solutions in land disputes. The research is based on the field data, collected in land- hungry regions of Russian Caucasus and historical data for same regions. We analyze the data acquired and use the system approach for developing a classification for studied conflicts. It supports the thesis that the agricultural land ownership is critical for the development of a stable regional system of agricultural production. In the majority of Russian regions land reform has been already carried out. Thus, market mechanisms for the functioning and realization of the right to use and possession of agricultural land are in effect. But in North Caucasus republics, institutionalization of land ownership is still vague. As a result, the number of disputes and conflicts in land use is growing. In the article, we carried out a classification of conflicts in land use and the analysis of land conflicts in the republics of the North Caucasus.

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 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.

scholarly journals PELAKSANAAN LARANGAN PEMILIKAN TANAH PERTANIAN SECARA ABSENTEE DI KECAMATAN MAUK KABUPATEN TANGERANG (STUDI KASUS DI KANTOR PERTANAHAN KABUPATEN TANGERANG)

2020 ◽  
Vol 7 (2) ◽  
pp. 18
Author(s):  
Nia Rosmiati ◽  
Amiludin Amiludin
Keyword(s):  
Law Enforcement ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Ownership ◽  
Farm Workers ◽  
Economic Factors ◽  
Land Area ◽  
Qualitative Descriptive ◽  
Agrarian Law

ABSTRAK Pemilikan tanah pertanian secara Absentee, secara tegas dilarang oleh Undang-Undang Pokok Agraria, larangan ini berkaitan dengan ketentuan-ketentuan pokok Landreform yang diatur dalam Pasal 7, 10 dan Pasal 17 UUPA. Kecamatan Mauk yang memiliki lahan seluas 18.644 ha setiap tahun semakin berkurang luasnya karena terjadinya peralihan lahan pertanian menjadi pemukiman. Selain hal tersebut kepemilikan lahan pertanian yang terjadi di Kecamatan Mauk kebanyakan dimiliki oleh orang yang berada di luar kecamatan Mauk itu sendiri. Penelitian ini penulis lakukan karena ingin mengetahui bagaimana pelaksannaan pelarangan tanah absentee/guntai di Kecamatan Mauk Kabupaten Tangerang dan juga penegakan hukum terhadap tanah absentee/guntai berdasarkan UndangUndang Pokok Agraria.Metode yang digunakan dalam penelitian ini adalah penelitian yuridis normatif empiris, maksud dari penelitian ini adalah mengkaji peraturan perundang-undangan dengan keadaan yang terjadi di masyarakat yang kemudian dianalisa dengan cara deskriptif kualitatif yang menggambarkan secara keseluruhan isi dan kualitas data tersebut.Hasil dari penelitian ini menjelaskan bahwa praktek pemilikan tanah absente di kecamatan mauk masih terjadi sampai saat ini dikarenakan pasal 7, 10 dan pasal 17 Undang-Undang Pokok Agraria tidak berjalan sebagaimana mestinya dan masih banyakanya faktor-faktor yang mempengaruhi dalam hal kepemilikan tanah secara absente di Kecamatan Mauk seperti faktor masyarakat, budaya, hukum, sarana prasarana, dan ekonomi. Penegakan hukum terhadap larangan pemilikan tanah absente sebagaimana yang tercantum dalam pasal Pasal 3 ayat 5 PP No. 224/1961 jo PP No 41 /l964 dengan cara retribusi tanah kepada rakyat yang membutuhkan seperti petani penggarap atau buruh tani tetap yang berkewarganegaraan Indonesia, bertempat tinggal di kecamatan tempat letak tanah yang bersangkutan dan kuat bekerja dalam pertanian. Kata Kunci: Larangan Pemilikan, Tanah Pertanian, Absentee.ABSTRACT Absentee ownership of agricultural land, is expressly prohibited by the Basic Agrarian Law, this prohibition relates to the main provisions of Land Reform which are regulated in Articles 7, 10 and Article 17 of the LoGA. Mauk Subdistrict, which has a land area of 18,644 ha, is decreasing in size every year due to the transition of agricultural land into settlements. In addition to this, agricultural land ownership in Mauk District is mostly owned by people outside the Mauk district itself. This research was conducted by the author because he wanted to find out how to ban absentee / guntai land in Mauk District, Tangerang Regency and also law enforcement on absentee / guntai land based on the Basic Agrarian Law. The method used in this study is empirical normative juridical research, the purpose of this research this is reviewing the laws and regulations with the conditions that occur in the community which are then analyzed in a qualitative descriptive way that illustrates the overall content and quality of the data. 7, 10 and article 17 of the Basic Agrarian Law are not functioning properly and there are still many factors that affect absent land ownership in Mauk District such as community, cultural, legal, infrastructure, and economic factors. Law enforcement against the prohibition of ownership of absentee land as stated in Article 3 paragraph 5 PP No. 224/1961 jo PP No. 41 / l964 by way of land levies to people in need such as sharecroppers or permanent farm workers who are Indonesian citizens, residing in the sub-district where the land is concerned and strong in working in agriculture. Keywords: Prohibition of Ownership, Agricultural Land, Absentee

scholarly journals Prospects for the market turnover of agricultural land in Ukraine

2017 ◽  
Vol 15 (2) ◽  
pp. 344-354 ◽  
Author(s):  
Mykola Koroteyev ◽  
Iryna Korman ◽  
Olena Manziy ◽  
Olha Semenda ◽  
Olena Semenda
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
Developed Countries ◽  
Economic Consequences ◽  
Land Market ◽  
The Political ◽  
Private Ownership ◽  
Current State ◽  
Land Relations ◽  
The Right

The problems of organizing the functioning of the land market in Ukraine remain unregulated. Gradually, they have moved from the economic plane to the political one, thereby exacerbating social tensions in the society. The current state of land relations requires immediate reforms in terms of granting the right to almost 7 million citizens to dispose of their property. Therefore, the issue of completion of land reform and the introduction of agricultural land market is a responsible step for the state and provides for the development of a set of measures based on the forecast of socio-economic consequences for the whole society. This step may be related to the transfer of land to private ownership, formation of a multi-sectoral economy on the basis of ensuring equal development of various forms of management, ensuring conditions for the efficient and rational use of land. The authors emphasize that the draft laws on land turnover submitted for discussion do not specify the issue of transparency of the possible introduction of a free land market and contradict each other. They do not take into account the international experience of developed countries.

Evolution of shared land ownership in agriculture of modern Russia

2021 ◽  
pp. 726-734
Author(s):  
G.A. Polunin ◽  
V.V. Alakoz
Keyword(s):  
Agricultural Production ◽  
Land Reform ◽  
Economic Benefit ◽  
Land Ownership ◽  
Private Land ◽  
Economic Entity ◽  
Equity Ownership ◽  
The Right ◽  
Ownership Of Land ◽  
Authorized Capital

The article provides a brief analysis of the content and results of the implementation of models for organizing agricultural production during the land reform in Russia in the 80-90s. The article contains the main stages of land reform, confirmed by legislative and regulatory legal acts of the state. It has been established that shared land ownership in agriculture has a number of specific economic functions: quasi-property, goods, capital and property. The studies demonstrated that the allocation of land shares and their transformation into land plots is a condition for the implementation of the production function of quasi-ownership of land shares. For this reason, land shares, including unclaimed ones, not allocated to land plots, should not be classified as full-fledged private land ownership. When equity ownership is included into the authorized capital of an economic entity, and the agreement on the transfer of rights with the legal successor is not assigned, the right holder loses all rights to the transferred land shares. The existence of such an agreement does not guarantee that the right holder will receive any payments for the use of such property by the legal successor. Individuals who invested land shares in the authorized capital of an economic entity did not have any economic benefit from the reform, and those who converted land shares into a land plot received land property, the price of which has risen in dozen times since the beginning of the land reform.

Legal Aspects of the Opening of Ukraine’s Land Markets

2020 ◽  
Vol 50 (3) ◽  
pp. 279-287
Author(s):  
Nataliia S. Kuznietsova ◽  
Natalia M. Onishchenko ◽  
Oleksii O. Kot
Keyword(s):  
Land Reform ◽  
Agricultural Land ◽  
Legal Aspects ◽  
Land Market ◽  
The European Union ◽  
Public Land Management ◽  
Investment Capital ◽  
Basic Approaches ◽  
Definition Of ◽  
The Right

Creating a land market is one of the most debated and politicised issues of Ukraine’s environmental and agricultural policy. There is an urgent need to examine the following issues (among others): a) identifying priority measures for establishing the land market; b) studying the experience of public land management so as to further adapt the land legislation of Ukraine to the requirements of the European Union; and c) maintaining the domestic agrarian sector in the context of effective conservation of the State’s land resources. The purpose of this paper is to conduct a comprehensive analysis of the preconditions and realities of opening up the agricultural land market in Ukraine, including to formulate sound conclusions on the practical consequences of such reforms for domestic landowners. It was researched applying two basic approaches to scientific cognition – general scientific methods and special legal methods. It elaborates the conditions for the introduction of a land market in Ukraine; analyses the historical prerequisites for the implementation of land reform; identifies the main risks for landowners that come into play with the opening of the land market; and formulates further directions of improvement of relevant legal regulations and mechanisms. Noting that currently Ukrainians have the least amount of investment capital and extremely limited access to loans, it concludes that, under current legislation, without a clear definition of the right to purchase their own land, the holders of private farms and other small farmers will struggle to gain access to the Ukrainian land market.

scholarly journals PENGGUNAAN SURAT KETERANGAN DOMISILI DALAM PENGATURAN HUKUM KEPEMILIKAN TANAH ABSENTE BERKAITAN DENGAN PRAKTEK JUAL-BELI TANAH DI WILAYAH KANTOR TANAH KABUPATEN GROBOGAN

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 201
Author(s):  
Danang Prasetya Nugraha ◽  
Jawade Hafidz
Keyword(s):  
Agricultural Land ◽  
Land Ownership ◽  
Empirical Approach ◽  
The Rule Of Law ◽  
The Real ◽  
National Regulation ◽  
Basic Law ◽  
Legal Consequence ◽  
The Right ◽  
Legal Consequences

The use of the Certificate of Domicile in the process of sale of Agricultural Land Sale, can be negative in the absence of land ownership of agricultural land whose owner is located outside the subdistrict area of the land where the writer wishes to study more in whether in the implementation of the use of the certificate of domicile has been in accordance with the provisions of its enforcement, so the author formulated some of the first issues in how the use of a certificate of domicile in terms of sale of agricultural land if the buyer is domiciled outside the subdistrict of the purchased agricultural land, the second is how the legal consequence of the use of Domicile Certificate in the absence of sale of agricultural land.In the approach the writer uses is a juridical-empirical approach. the juridical approach is used to analyze the rules related to Domicile Litigation in the legal arrangement of Absente Land Ownership in relation to the practice of sale and purchase at the Land Office of Grobogan Regency, while the empirical approach used to analyze the existing law is seen as the behavior of people patterned on the life of society who always interact and deal with social aspects.In the result of the research on the first problem it can be concluded that in the implementation of sale of agricultural land (absente) by using domicile certificate that is not in accordance with ID card is not allowed in the rule of law which is in effect as opposed to Article 10 of Agrarian Basic Law year 1960, so the use of the certificate of domicile should correspond to the original domicile, and is understood to be the real settlement for settlement, while the second problem can be drawn to the conclusion that the legal consequences in the use of a domicile certificate that does not correspond to the original residence in the case of sale buy agricultural land, making the transfer of the right to the land office becomes ineffective because it does not comply with the administrative requirements of national regulation No. 1 of 2010, as well as transfers of agricultural land purchase rights using non-compliant landlords t the real can be null and void. Keywords: Domicile, Selling, Absentee Certificate

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