scholarly journals Practice of License to Open State Land in Balikpapan

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Deasy Ratna Sari

This study aims to find out why the License to Open State Land can be the basis for land registration and to know the legal consequences on the sale and purchase of land objects based on the License to Open State Land. This research is done empirically juridically, that is by collecting data by researching and examining facts that exist in line with the observation in the field. Land issues in Indonesia are the responsibility of all parties involved, including the responsibilities of the central and local governments. The Local Government of Balikpapan City stipulates the IMTN regulation. The result of this research is the regional regulation aims to prevent and reduce the existence of land disputes by the orderly administration of land affairs. Land Acquisition License Can Become the Foundation for Land Land Registration because it is legally determined that the license holder can apply for a right to land within 3 years since the IMTN is issued. As a result of the Law on Sale and Purchase of Land Objects Based on the License to Open the Land of the State ie the agreement becomes null and void and the sale and purchase agreement is considered never existed.

2020 ◽  
Vol 1 (1) ◽  
pp. 37-48

Abstract This study examines the effects of farm land disputes on food security in Nasarawa State. Survey design is used given the population of the study that is relatively large. The population of the study comprises of all the adults within eighteen (18) years and above, male and female in Nasarawa State. A stratified sampling method is used to select one local government area from each of the three senatorial zones that made up the state. Furthermore, a judgmental sampling technique is used to select local government from each of these zones with the highest agricultural produce. Then, a convenient sampling method is used to select fifty (50) respondents from each of the three local government selected from each of the three senatorial zones in the state. Thus, these local governments are selected from each of these zones. Nasarawa South (Awe), Nasarawa North (Nasarawa Eggon), and Nasarawa West (Toto). This makes a total of one hundred and fifty (150) respondents selected for the study. Ordinary Least Squares Method of Regression (OLS) is used and finds out that, widow and late husband’s family dispute and land grabbing dispute are significantly negatively related to food security in Nasarawa State. However, insignificant negative effect of junior and senior family members’ dispute on food security is found. It is recommended among others that, Nasarawa State Government should pay attention in resolving farm land disputes in the state by partnering with traditional rulers. Keywords: Farm Land Disputes, Food Security, Nasarawa State, Nigeria


2018 ◽  
Vol 1 (2) ◽  
pp. 375
Author(s):  
Arlene . ◽  
Hanafi Tanawijaya

PPAT or The Land Deed Official is a Public Official who is granted part of the authorities by the State in the implementation of land registration and the making of an authentic deed. The certificate that is made by PPAT must be made based on the deeds of the law by the parties. The authentic certificate can be used as evidence in case of dispute based on the ordinance. According to Article 22 Regulation Number 37 of 1998, the certificate must be read by The Land Deed Official in front of the parties along with two witnesses. However, in this case, The Land Deed Official asked one party to sign on the blank certificate, as a result the certificate wasn’t being read in front of the parties. This deed is accused of maladministration that includes unlawful procedures, abuse of power, malfunction and unfairness or incompetence. The author examines the problem using normative legal research methods which supported by some interviews with the ones who are experts in the field of the land and maladministration. This deed resulted in the existence of legal consequences. The sanctions awarded againts to the Land Deed Official who did this deed contained in Ministerial Decree of Agrarian Affairs and Spatial/Head of National Land Authority Number 1 year of 2006 Article 28 paragraph (1) includes firing from The Land Deed Official membership.


e-Finanse ◽  
2019 ◽  
Vol 15 (3) ◽  
pp. 67-75
Author(s):  
Adam Mateusz Suchecki

AbstractFollowing the completion of the process of decentralisation of public administration in Poland in 2003, a number of tasks implemented previously by the state authorities were transferred to the local level. One of the most significant changes to the financing and management methods of the local authorities was the transfer of tasks related to culture and national heritage to the set of tasks implemented by local governments. As a result of the decentralisation process, the local government units in Poland were given significant autonomy in determining the purposes of their budgetary expenditures on culture. At the same time, they were obliged to cover these expenses from their own revenues.This paper focuses on the analysis of expenditures on culture covered by the voivodship budgets, taking into consideration the structure of cultural institutions by their types, between 2003-2015. The location quotient (LQ) was applied to two selected years (2006 and 2015) to illustrate the diversity of expenditures on culture in individual voivodships.


Author(s):  
D. Kondratenko

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.


Author(s):  
Laura Thaut Vinson

This chapter explores the problem of rising pastoralist–farmer and ethnic (religious and tribal) violence in the pluralistic Middle Belt region of Nigeria over the past thirty to forty years. In particular, it highlights the underlying issues and conflicts associated with these different categories of communal intergroup violence, the human and material costs of such conflict, and the broader implications for the Nigerian state. The federal government, states, local governments. and communities have not been passive in addressing the considerable challenges associated with preventing and resolving such conflicts. It is clear, however, that they face significant hurdles in resolving the underlying grievances and drivers of conflict, and their efforts have not always furthered the cause of conflict resolution and peacebuilding. Greater attention to patterns of inclusion and exclusion and to the allocation of rights and resources will be necessary, particularly at the state and local government levels, to create a more stable and peaceful Middle Belt.


2013 ◽  
Vol 71 (4) ◽  
pp. 283-293 ◽  
Author(s):  
Benny Geys ◽  
Friedrich Heinemann ◽  
Alexander Kalb

AbstractThis article evaluates German local governments' cost efficiency using a sample of 1,021 municipalities in the state of Baden-Württemberg for the year 2001. We thereby concentrate on overall or 'global' efficiency scores—rather than estimate efficiency for one particular service—and explicitly account for exogenous or non-discretionary influences. The latter not only corrects for influences possibly beyond the control of local policy-makers, but also allows some indication of the determinants of such 'global' efficiency. Our results indicate that there is a substantial divergence in efficiency across municipalities despite a homogeneous institutional setting. As especially smaller municipalities appear less efficient, these results support a case for policy programmes aimed at boundary reviews or more extensive inter-communal cooperation among small municipalities.


2020 ◽  
Vol 13 (1) ◽  
pp. 52-68
Author(s):  
Diyar Ginanjar Andiraharja

This study aimed to assess the strategies that have been implemented by the central and regional governments in handling COVID-19. There are ten regulations related to the research objectives that have been reviewed. The method applied is normative legal research. Second level data is used in this study. The literature reviewed is used to solve researchers' questions. From this study it was revealed that the local government was obliged to decide on the policies that had to be taken in handling COVID-19 with normal basic health service conditions. In the situation of the COVID-19 pandemic, the appropriate regulations were enacted not the Law on Regional Government, but the Law on Health Quarantine. The conclusion of this study, in the condition of public health emergencies there is uncertainty at the local government level, because with the decentralization in the field of health causes basic health service standards vary according to the commitment and fiscal capacity of local governments. Strengthening the role of local government is a major factor in overcoming COVID-19. Health services in the regions must be ensured by the central government to conform to the COVID-19 handling standard. With the current state of public health emergencies, it is hoped that the division of roles of the center and the regions will be expected to ensure the safety of citizens.


2020 ◽  
Vol 2 (3) ◽  
Author(s):  
Li Zhang

This article aims to answer the question that if the law of planification of China, really takes account of the objectives of environmental protection.   The answer is based on, first of all, the reform of system of land ownership (direct link of the development of urbanization). This article cracks the problem by two approaches: the state and collective property right. The first part of the analysis is macro-perspective, i.e., the course of land reform and the land users. In general, the state remains the sole owner of all the land and delegates the local governments to manage the use of land in China. However, the high interest undermines their roles, and degradation of environment in the process of urbanization continues. Based on this observation, we analyzed their administration, i.e., who are the actors and how the powers are shared. The lack of transparency and independence is in its structure, i.e., they have ambitions to have a good protection but the conflict appears frequently.    In the further part, micro-vision was employed. We focused on the regulations of planification, procedures and formalities that is deeply involved. In fact, we find that the volume of law was expanded and a need of consolidation is urgent for the coherence, accessibility and understanding of law. Then it follows the analysis of two typical procedures: the procedure of environmental assessment as well as participation. These procedures are the practical implementation of the consideration of the environment. The fact is that rapid urbanization resulted in a reconfiguration of the urban space, and the appearance of a variety of interests. The degradation of environment, coupled with the importance of urbanization has become a challenge to governance. People realized more and more issues related to housing, welfare and citizenship. This forces the government to change their policies and acts.    From different points of views- historical, political, administrative, legal and social- this research determines how a better environmental protection can play in law of planification. The reforms are envisaged, and there are still problems: the harmonization and consistency of the regulations, the clarity of the law for his efficiency and law security, the improvement of the process. Contrary to what is received, the government has intention to solve this question, as demonstrated by his consistency to innovation and reform in the field. At the present, planification, rather than a method of protection, works for the growth of the economy. Due to the lack of effective regulation, the real consideration of environment is still very limited.


2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Basri Basri

AbstractThe main problem in this research is, the marriage registration linked to the validity of a marriage according to Law No. 1 of 1974 and the Law of Islam as well as the legal consequences of marriage were not recorded according to Law No. 1 of 1974 and the Law of Islam.This research is penelitianYuridis Normative namely legal research using secondary data sources in the form of literature votes. research that emphasizes the science of law, tried to examine the legal principles that apply in the community and as supporting research carried Normative method.Marriage has been done according to the law of each religion and his belief that (a valid marriage according to religious law) must be registered in order to obtain legal protection. However, registration of marriage it does not specify when the validity of the marriage because of the validity of marriage is at the time held Munurut law of each religion and belief. Registration of marriages serves to record the occurrence of law concerning marriage, as well as the listing on the birth.The legal consequences of marriage were not recorded, although the religion or belief was valid, but the marriage conducted without the knowledge and supervision of employees marriage registrar does not have the force of law is certain. By law, it would be difficult demanding livelihood and legacy of the husband if the husband dies. Additionally wife is not entitled to the property (Gono-gini) in case of separation. The next legal consequences are children from the marriage that can not be listed deemed illegitimate children unless there is recognition of a father or a court decision.Although the validity of marriage is returned to the law of each religion and belief but the registration of marriages should be made legal by the state so that protection can be implemented to the maximum. And registration of marriages should be made at the same time with the implementation of the marriage. Keywords: Registration, Marriage, Validity


2021 ◽  
Vol 27 (1) ◽  
pp. 116-131
Author(s):  
Jacek Stasiak

Local government is the key principle of the organisation of public administration in Poland. Local government units, i.e., gminas, powiats and voivodeships local governments, are entities endowed with rights and obligations and entities performing public tasks. They can be defined as independent, legally constituted, corporations of local society, with their own internal organisation, equipped with the attribute of legal personality, subject to supervision by the state to the extent prescribed by law.


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