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

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.    

‘Before It Is Too Late’: Land Reform in South Vietnam, 1956–1968

2014 ◽  
Vol 21 (1) ◽  
pp. 34-57
Author(s):  
David A. Conrad
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Johnson Administration ◽  
Initial Attempt ◽  
Land Redistribution ◽  
Reform Legislation ◽  
Reform Program ◽  
South Vietnam ◽  
The Republic ◽  
The 1960S

Attempts by the U.S. government to enact land redistribution in the Republic of Vietnam began in the mid-1950s. At that time. land reform was a linchpin of U.S. foreign policy in Asia. Wolf Ladejinsky, author of the legislation that had virtually eliminated tenancy in occupied Japan, encountered political controversy in Washington and administrative challenges in Saigon in his attempt to bring about greater equality of land ownership in South Vietnam. This initial attempt to modify land tenure arrangements failed when redistribution stalled, far from complete, during 1961. Although new land reform legislation did not appear until 1970, the 1960s were by no means years of inaction on land reform. Years of behind-the-scenes efforts by American policymakers in Washington and Saigon culminated in the Land-to-the-Tiller Law, an ambitious but doomed attempt to complete the work that Ladejinsky had begun over a decade earlier. Documents from the Lyndon B. Johnson Presidential Library, many newly declassified, suggest that bureaucratic intrigue and political infighting within the Johnson administration and Congress both hindered and facilitated the emergence of a new land reform program in war-ravaged South Vietnam.

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.

From Desamortization to Agrarian Reform in Mexico, 1856–1940

2021 ◽  
Author(s):  
Alejandro Tortolero Villaseñor
Keyword(s):  
Economic Growth ◽  
Social Justice ◽  
Land Tenure ◽  
Mexican Revolution ◽  
Agrarian Reform ◽  
Social Dimension ◽  
Necessary Condition ◽  
Land Redistribution ◽  
The Social ◽  
Lazaro Cardenas

The first phase of the development of land tenure in Mexico, from the desamortization laws in 1856 to agrarian reform, was completed in 1940 by the Lázaro Cárdenas administration. While between 1856 and 1910 property reforms served to concentrate land and stimulate latifundio, from the violent Mexican Revolution of 1910–1917 until 1992 a policy of social justice was implemented that sought to give land to peasant families, thereby generating a better distribution of land, though without improving its productivity. This signifies that if postrevolutionary modernity assumed, echoing neo-institutionalism or old trends such as positivism or regeneracionismo, that land redistribution was a necessary condition to generate economic growth, in reality it was the social dimension and not the economic that gave character to Mexican agrarian reform between 1920 and 1992. As a backdrop to this, the analysis of literature and history shows a truncated and limited agrarian reform in which traditional figures such as the cacique persisted. The traditional and official vision of the agrarian reform is misguided, in which it is understood as a product of restitutive justice, the result of peasants regaining the lands from which they had been evicted due to the desamortization laws and the greed of landowners hungry for land who had annexed the land of the pueblos. To the contrary, agrarian reform is distributive, allocating land to peasants who requested it, while the hacienda was not the source of all the evils that gave rise to the revolution. Nor can the situation of the Mexican countryside be portrayed as the fight of the peones against the hacendados or caciques hungry for land. This erroneous vision of the Mexican countryside should be demystified, because it does not take into account that agrarian reform became the touchstone to give an agrarian nature to a very diversified Mexican Revolution and convert it into an instrument for the postrevolutionary governments to champion the peasant struggle in 20th-century Mexico, becoming the key to economic growth and social justice in the rural Mexican world.

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).

Mike Campbell (Pvt) Ltd et al v The Republic of Zimbabwe: Zimbabwe's Land Reform Programme Held in Breach of the SADC Treaty

2009 ◽  
Vol 53 (2) ◽  
pp. 305-320 ◽  
Author(s):  
Gino J Naldi
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
South African ◽  
Land Reform ◽  
Land Redistribution ◽  
Reform Programme ◽  
Property Owners ◽  
Domestic Courts ◽  
The Republic ◽  
The Right

AbstractIn its first judgment the South African Development Community (SADC) Tribunal had to determine whether Zimbabwe's controversial programme of land redistribution for resettlement purposes was compatible with the SADC Treaty. The tribunal provided one of the few avenues of redress for farmers deprived of their property without compensation. It held that the land reform programme breached the treaty on the grounds that the property owners had been denied access to the domestic courts, that the applicants had been victims of racial discrimination, and that the state had failed to pay compensation for the lands compulsorily acquired. While the tribunal appears to have reached the right conclusions, its reasoning could have been more persuasive. Of wider significance is the fact that the tribunal has established itself as a forum that can provide relief for human rights violations. Its finding that human rights are justiciable under the treaty is notable.

Sun Yat-sen's Early Land Policy The Origin and Meaning of “Equalization of Land Rights”

1957 ◽  
Vol 16 (4) ◽  
pp. 549-564 ◽  
Author(s):  
Harold Schiffrin
Keyword(s):  
Land Tenure ◽  
Land Rights ◽  
Formative Period ◽  
Land Policy ◽  
First Year ◽  
Tenure Reform ◽  
Land Redistribution ◽  
Potential Problems ◽  
The Republic ◽  
Early Land

Aside from its current significance, the recent report from Taiwan announcing the inauguration of a new urban land tax grogram based upon the teachings of Sun Yat-sen serves to reawaken interest in one of his most controversial doctrines—the min sheng principle. The use of Sun's pʻing-chün ti-chʻüan—“equalization of land rights”—as a specifically urban taxation device raises a question concerning the original scope and purpose of this major aspect of the min sheng program. Taken by itself, “equalization of land rights” has an agrarian land tenure reform connotation, and has often been associated with land redistribution, some of its alternative translations being “equitable redistribution of the land” and more recently “proportionalization of the land.” Yet a study of Sun's prolific expositions of this theme starting with the Tʻung Meng Hui manifesto of 1905 down through the first year of the Republic when he was most actively concerned with the promotion of min sheng fails to substantiate the agrarian reform interpretation. On the contrary, according to the available sources for this period, there are few explicit references to the excesses of rural landlordism and the maldistribution of landholdings which in 1924 finally prompted Sun publicly to declare a “land to the tiller” policy. During this formative period for Kuomintang ideology, Sun's use of “equalization of land rights,” and the Western doctrines from which it was derived, indicate a definite preoccupation with the potential problems of a future capitalist order rather than concern with the aberrations of China's current agrarian structure.

South African land reform

2000 ◽  
Vol 44 (2) ◽  
pp. 167-194 ◽  
Author(s):  
D. L. Carey Miller ◽  
Anne Pope
Keyword(s):  
South African ◽  
Land Tenure ◽  
Land Reform ◽  
The South ◽  
Reform Initiatives ◽  
South Africans ◽  
Tenure Reform ◽  
Land Redistribution ◽  
Land Restitution

This article looks at the essential features and the effects of the South African land reform initiatives launched in the mid-1990s. After examining the context in which these initiatives have taken place, it deals separately with the three subprogrammes of land reform, namely, land restitution, land redistribution and land tenure reform. It discusses two particular features of the programme: its provision of title to millions of South Africans and its adjustment of the correlative position between the landowner and the holder of a lesser possessory or occupational right.

scholarly journals TINJAUAN HUKUM PELEPASAN TANAH ULAYAT

2020 ◽  
Vol 13 (1) ◽  
pp. 108-119
Author(s):  
Happy Trizna Wijaya
Keyword(s):  
Land Tenure ◽  
Land Rights ◽  
Customary Law ◽  
Land Acquisition ◽  
The Public ◽  
Personal Rights ◽  
Presidential Decree ◽  
The Government ◽  
Customary Land ◽  
Ownership Rights

Since September 24, 1960 Law No. 5/1960 was stipulated regarding Basic Regulations on Agrarian Principles or often referred to as the Basic Agrarian Law (UUPA), adopting legal unification and based on customary law. Customary land law is original law, has a unique characteristic, where individual rights to land are personal rights but in it contain togetherness. Land controlled by customary law communities is known as ulayat rights. Although customary law is the basis of the LoGA, problems with ownership rights to customary land often occur due to unclear land boundaries and customary land tenure by the government without any release of land. The results of this study revealed that the procedure for controlling customary land by the local government through the mechanism of land acquisition as stipulated in Permendagri No. 15 of 1975 provides more opportunities for the Government to control land rights, while the owner / holder of land rights has a very weak position because many rights to land are neglected so that it violates the human rights of land rights holders. With the issuance of Presidential Decree No. 55 of 1993 concerning Land Procurement for the Implementation of Development for the Public Interest in lieu of Permendagri No. 15 of 1975, which provides a protection to holders of land rights to be able to defend their rights. This is also the case with Perpres No. 36 of 2005 Jo Perpres No. 65 of 2006 issued as a substitute for Presidential Decree No. 55 of 1993, far more provide protection to the community to defend their rights, while the government is increasingly limited in obtaining land. So Perpres No. 65 of 2006 provides a guarantee of legal certainty to holders of land rights to be able to defend their rights.Sejak 24 September 1960 ditetapkan Undang-undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-pokok Agraria atau sering disebut Undang-undang Pokok Agraria (UUPA), menganut unifikasi hukum dan berdasarkan hukum adat. Hukum tanah adat merupakan hukum asli, mempunyai sifat yang khas, dimana hak-hak perorangan atas tanah merupakan hak pribadi akan tetapi didalamnya mengandung unsur kebersamaan. Tanah-tanah yang dikuasai oleh masyarakat hukum adat dikenal dengan sebutan hak ulayat. Walaupun hukum adat merupakan dasar dari UUPA tetapi permasalahan terhadap hak kepemilikan atas tanah adat seringkali terjadi karena penentuan batas tanah hak ulayat yang tidak jelas, maupun karena penguasaan hak atas tanah adat oleh pemerintah tanpa ada pelepasan tanah. Hasil penelitian ini mengungkapkan bahwa Prosedur penguasaan tanah ulayat oleh Pemda melalui mekanisme pembebasan tanah yang tertuang dalam Permendagri No. 15 Tahun 1975 lebih memberikan kesempatan kepada pihak Pemerintah untuk menguasai hak atas tanah, sedangkan pemilik/pemegang hak atas tanah mempunyai kedudukan yang sangat lemah karena banyak hak atas tanah yang diabaikan sehingga sangat melanggar hak asasi pemegang hak atas tanah. Dengan diterbitkannya Kepres No. 55 Tahun 1993 mengenai Pengadaan Tanah Bagi Pelaksanaan Pembangunan Untuk Kepentingan Umum sebagai pengganti Permendagri No. 15 Tahun 1975, yang memberikan suatu perlindungan kepada pemegang hak atas tanah untuk dapat mempertahankan haknya. Begitu juga halnya dengan Perpres No. 36 Tahun 2005 Jo Perpres No. 65 Tahun 2006 yang dikeluarkan sebagai pengganti Kepres No. 55 Tahun 1993, jauh lebih memberikan perlindungan kepada pihak masyarakat untuk membela haknya, sedangkan pihak pemerintah semakin terbatas dalam memperoleh tanah. Sehingga Perpres No. 65 Tahun 2006 memberikan suatu jaminan kepastian hukum kepada pemegang hak atas tanah untuk dapat mempertahankan haknya.

scholarly journals PENERTIBAN DAN PENDAYAGUNAAN TANAH TERLANTAR DALAM RANGKA PENATAGUNAAN TANAH DI KOTA TARAKAN

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Cariono Cariono
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Government Regulation ◽  
Legal Protection ◽  
Land Acquisition ◽  
Normative Approach ◽  
The Republic ◽  
The Government ◽  
And Control

Abstract The presence of land controlled and / or owned by either existing rights above the ground and based on the new land acquisition in some places there are still many in limbo. Seeing the reality of the field on the wastelands, he made government regulation and government last issued Government Regulation No. 11 Year 2010 on Land Reform and Control of Neglected. Based on this background, the problem is formulated, what basic criteria for establishing a right to the top of the ground as the object of regulating the wastelands, who preferred to get right to the land above the ground of the former wastelands, this research was normative approach legislation conceptual and legal materials. The results showed that the controlling authority is the authority wastelands legacy which the Government (President) delegate to the National Land Agency of the Republic of Indonesia. The mechanism through penertibannya stages: (1) an inventory of land rights or land tenure policies that indicated displaced (2) identification and study of land indicated displaced (3) warning against the rights holder (4) Determination of wastelands. Other Issues Regarding legal protection against former titleholders.Keywords: effectiveness, enforcement, wastelands

Sign in / Sign up

Export Citation Format

Share Document