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 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.    

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

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).

The Politics of Property Rights

1995 ◽  
Vol 89 (4) ◽  
pp. 867-881 ◽  
Author(s):  
Kathryn Firmin-Sellers
Keyword(s):  
Property Rights ◽  
Land Tenure ◽  
Political Institutions ◽  
Land Reform ◽  
Local Community ◽  
Private Property ◽  
Fundamental Problem ◽  
Theoretical Argument ◽  
Private Property Rights ◽  
Customary Land

The study of land tenure polarizes the field of development. Neoclassical scholars lobby for a move toward private property rights, while other economists and historians defend the maintenance of customary land tenure. I argue that the development scholars' focus on the structure of property rights obscures a more fundamental problem of land reform—that of enforcement. Property rights will not inspire individual investment and economic growth unless political institutions give the ruler of a local community or nation-state sufficient coercive authority to silence those who advocate an alternative, more distributionally favorable property rights system. At the same time, political institutions must force the ruler to establish a credible commitment to that property rights system. I illustrate this theoretical argument through an analysis of property rights institutions in Akyem Abuakwa, a traditional state in colonial Ghana.

scholarly journals The Rights of Controlling State in Indonesia Against Land Tenure of Customary Law Community

2021 ◽  
Vol 2 (2) ◽  
pp. 141-148
Author(s):  
Alpi Sahari
Keyword(s):  
Land Tenure ◽  
Legal Pluralism ◽  
Customary Law ◽  
Public Welfare ◽  
Land Law ◽  
Economic Democracy ◽  
National Interests ◽  
Positive Law ◽  
The Government ◽  
The One

In order to achieve public welfare as tasks and responsibilities delegated to the government in the administration of public welfare (bestuurzorg) including the land sector which includes, among others, regulation, implementation of authority to enforcement of land law. Implementation of bestuurzorg by the government is more oriented towards economic democracy so that ignoring the principle of justice for indigenous peoples in controlling land parcels. The method used in this paper is juridical normative by applying an approach to legal principles and a legal synchronization approach both vertically and horizontally to the State's right to control over land tenure by customary law communities. The results show that land tenure for customary law communities in the UUPA emphasizes as long as it still exists and does not conflict with national interests. This implies that there has been legal pluralism. The occurrence of weak legal pluralism in national land law is indicated by the enactment of UUPA and its various implementing regulations as positive law in the form of written state/national law, on the one hand and on the other hand customary law which is generally unwritten and applies specifically to each other. The applicable customary law in each region. Weak legal pluralism is one of the factors causing legal disputes in substantive settings, especially in land disputes over customary rights which affect their implementation in the field and cause injustice. legal pluralism and making UUPA the center of various land regulations (legal centralism), and is the only land rule that applies nationally (legal unification).

scholarly journals PENGARUH EMOSI KEAGAMAAN TERHADAP KEDUDUKAN ANAK ANGKAT PADA MASYARAKAT BADUY MIGRAN (KASUS DESA CISIMEUT LEBAK BANTEN)

2019 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Ade Lilis Suryani ◽  
Yuwono Prianto
Keyword(s):  
Islamic Law ◽  
Indigenous Community ◽  
Customary Law ◽  
Adopted Children ◽  
Adopted Child ◽  
Community Interaction ◽  
Positive Law ◽  
The Times ◽  
The Village

Children are one of the gifts of the Almighty God as a mandate and must be protected, loved and guaranteed for all their needs. The child referred to here is a legitimate child, an extramarital child and adopted child. The position of adopted children in Indonesia is governed by positive law, Islamic law, and customary law. In customary law each indigenous community in various regions has its own character and mechanism. As in Kasud in the village of Cisimeut Lebak, Banten, that is in the indigenous Baduy community. In the results of the study, it was pointed out that local customary law was still more enforced than religious norms. This is evidenced by the discovery of the Baduy migrants from the Baduy tribe due to conversion. While the majority of the beliefs of the Baduy people are Sundanese wiwitan. With the development of the times, technology and community interaction became one of the factors supporting the influence of the religious emotions of the Baduy community.

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 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 KEPASTIAN HUKUM PENERBITAN SERTIFIKAT HAK KOMUNAL SEBAGAI PELAKSANAAN REFORMA AGRARIA

2016 ◽  
Vol 4 (2) ◽  
Author(s):  
Safrin Salam
Keyword(s):  
Property Rights ◽  
Indigenous Peoples ◽  
Land Tenure ◽  
Agrarian Reform ◽  
Legal Certainty ◽  
Customary Land

Abstract: The existence of communal rights certificates to ensure legal certainty over customary land tenure by indigenous peoples is agrarian reform through progressive legal breakthrough. But in its development where the certificate of communal rights still need to be revised and adapted the principles of agrarian reform by attention to the rules contained in Law No. 5 of 1960 as the fundamental rules of the land. Communal rights should be conceived as a concept of property rights is not only public but also private nature Abstrak: Keberadaan sertifikat hak komunal untuk menjamin kepastian hukum atas penguasaan tanah adat oleh masyarakat adat merupakan sebuah reforma agraria melalui terobosan hukum yang progresif. Namun dalam perkembangannya keberadaan sertifikat hak komunal masih perlu direvisi dan disesuaikan prinsip-prinsip pembaruan agrarian dengan memperhatikan kaidah-kaidah yang ada dalam Undang-Undang No. 5 Tahun 1960 sebagai induk dari aturan pertanahan. Hak komunal harus dikonsepsikan sebagai konsep hak milik yang bukan hanya bersifat public tapi juga privat.  DOI: 10.15408/jch.v4i2.3192

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