scholarly journals KONFLIK PENGUASAAN TANAH PERKEBUNAN

2017 ◽  
Vol 1 (1) ◽  
pp. 45-67
Author(s):  
HERAWAN SAUNI
Keyword(s):  
Conflict Resolution ◽  
Land Tenure ◽  
Agricultural Land ◽  
Land Rights ◽  
Land Ownership ◽  
Land Conflicts ◽  
Land Conflict ◽  
Farm Land ◽  
Or Groups ◽  
Land Holdings

Abstract There is a vivid imbalance in farm land domination. This emerge conflict in almost Indonesia territory.  Structuring the ownership or control of land has been started since the Act Numebr 5 of 1960 as the reference in the structuring of the agricultural land holdings in Indonesia. However, what is hoped and be the justification reason the act seems has not shown as demanded. Based on  Decree of Head of BPN RI Number 34 of 2007 on Technical Guidelines for Handling and Resolution of Land Issues, land conflicts arise regarding the issue of tenure, ownership, use or utilization of the plot of land. The enactment of Law No. 18 of 2004 on Plantations also open conflicts between farmers and plantation companies. Conflict occurs when the plantation is difference between one or more people or groups of people with plantation companies relating to land tenure estates. There are several factors that cause conflict, especially agricultural land tenure plantation land, namely: (1) inequality of agricultural land holdings; (2) there is a vagueness setting land rights; (3) wasteland physically; and (4) overlapping land ownership. Recalling the complexity of the conflict over land, land conflict resolution should be based not only on purely formal legal approach but also through other approaches such as economic, social and cultural.

scholarly journals KONFLIK PENGUASAAN TANAH PERKEBUNAN

2017 ◽  
Vol 1 (1) ◽  
pp. 45-67
Author(s):  
HERAWAN SAUNI
Keyword(s):  
Conflict Resolution ◽  
Land Tenure ◽  
Agricultural Land ◽  
Land Rights ◽  
Land Ownership ◽  
Land Conflicts ◽  
Land Conflict ◽  
Farm Land ◽  
Or Groups ◽  
Land Holdings

Abstract There is a vivid imbalance in farm land domination. This emerge conflict in almost Indonesia territory.  Structuring the ownership or control of land has been started since the Act Numebr 5 of 1960 as the reference in the structuring of the agricultural land holdings in Indonesia. However, what is hoped and be the justification reason the act seems has not shown as demanded. Based on  Decree of Head of BPN RI Number 34 of 2007 on Technical Guidelines for Handling and Resolution of Land Issues, land conflicts arise regarding the issue of tenure, ownership, use or utilization of the plot of land. The enactment of Law No. 18 of 2004 on Plantations also open conflicts between farmers and plantation companies. Conflict occurs when the plantation is difference between one or more people or groups of people with plantation companies relating to land tenure estates. There are several factors that cause conflict, especially agricultural land tenure plantation land, namely: (1) inequality of agricultural land holdings; (2) there is a vagueness setting land rights; (3) wasteland physically; and (4) overlapping land ownership. Recalling the complexity of the conflict over land, land conflict resolution should be based not only on purely formal legal approach but also through other approaches such as economic, social and cultural.

scholarly journals Land conflict resolution: Case study in Sarirejo Village

2021 ◽  
Vol 2 (2) ◽  
pp. 119-127
Author(s):  
Juniaty D. Aritonang ◽  
Hidayat ◽  
Fikarwin Zuska
Keyword(s):  
Conflict Resolution ◽  
Air Force ◽  
Land Rights ◽  
Qualitative Approach ◽  
Land Conflicts ◽  
Land Conflict ◽  
Community Rights ◽  
The Government

This study aims to describe the factors that cause land conflicts between the community and the Air Force in the Indonesian Air Force in Suwondo and the strategies that the community uses in demanding their land rights. The author chose a qualitative approach with the ethnographic method to understand more deeply what is behind an event that took the process, causes and conflict resolution. The results showed that the factor causing the conflict was the claim of each party to the land. Conflict resolution efforts are carried out by the community to obtain land rights through non-litigation advocacy processes and litigation advocacy. The results of these two strategies were able to encourage the government to restore community rights to their land even though it had to go through a long struggle. In July 2020 the government issued a policy to move the Sowondo Base to Langkat Regency.

Law and land conflict in emerging market economies: Ethiopia, 2014–2018

2020 ◽  
Author(s):  
Mekonnen Firew Ayano
Keyword(s):  
Emerging Market ◽  
Land Rights ◽  
Appellate Courts ◽  
Land Conflicts ◽  
Land Conflict ◽  
Constitutional Review ◽  
Land Dispossession ◽  
Western Development ◽  
Lower Courts ◽  
The Cold War

Abstract Since the end of the Cold War, the World Bank and other Western development agencies have prescribed restructuring land rights in post-communist economies to promote land markets, with the goal of alleviating poverty and social conflicts. But restructuring land rights in such settings is more difficult than it may seem. Ethiopia’s efforts in this area have produced disparate laws that have exacerbated both the intensity and the frequency of land conflicts. This article analyzes all land cases decided by the Council of Constitutional Inquiry (CCI) and the House of Federation (HoF), Ethiopia’s constitutional review bodies, from 1998 to 2018. It shows that from 1998 to 2014, the trial and appellate courts were favorably disposed toward the policies of international financial agencies, and that the CCI and the HoF acquiesced. However, starting in 2014, following a countrywide protest connected to land dispossession, the CCI and the HoF have reversed the lower courts’ judgements by invoking constitutional clauses declaring that land belongs to the Ethiopian nations and that it cannot be alienated. The country’s experience reveals the perils of restructuring land rights without paying close attention to distributive concerns and the needs of those who end up being excluded from property access.

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.

Map-Making and State-Building

2020 ◽  
pp. 32-55
Author(s):  
Christine Leuenberger ◽  
Izhak Schnell
Keyword(s):  
20Th Century ◽  
Land Tenure ◽  
Weak Link ◽  
Land Rights ◽  
Land Ownership ◽  
State Building ◽  
Land Allocation ◽  
Natural Order ◽  
Land Registration ◽  
Land Tenure System

During the 20th century, surveying and mapping became vital tools for states; and colonizers used them to know and claim the land. The Mandate of Palestine’s Survey of Palestine surveyed parts of historic Palestine. Their modernist ethos to register the land converged with Zionist visionaries to make it their own. With the Hagannah looting the Survey of Palestine, the Israeli state-in-the making had access to cartographic material which helped them win the 1948 war and facilitated their statecraft. Post-1948, the Survey of Israel designed a new unified triangulation system, enabling the production of maps. The Israeli state also introduced a novel land tenure system. The seemingly imprecise land allocation practices common during the Ottoman Empire were pitted against a technocratic, modernist conception of land ownership, that, by virtue of its implementation, dispossessed many Arab landholders. However, enforcement of technocratic regulations depends on humans. Indeed, the process of land registration reveals how surveyors who would go to villages to ascertain land rights were the human and, at times, a weak link in doing so. Nevertheless, at the end of this process, 93% of land had become Israeli state land. The transformation in the land regime in Israel/Palestine thus attests to how new legal precepts in tandem with science and technology helped establish a modern, territorially defined state. While the Western scientific and legal paradigm enhanced the transfer of land, it also seemingly legitimized and depoliticized the new land regime, making it seem part of the natural order of things and an inevitable outcome of modernity.

scholarly journals The Role of Land Conflict and Land Conflict Resolution in a Peace Process: Mozambique's Return to Agriculture

Refuge ◽  
1997 ◽  
pp. 28-33 ◽  
Author(s):  
Jon D. Unruh
Keyword(s):  
Conflict Resolution ◽  
Land Tenure ◽  
Peace Process ◽  
Political Stability ◽  
Primary Concern ◽  
Land Resources ◽  
Land Conflict ◽  
Land Access ◽  
The Government

The massive return and reintegration of refugees and displaced persons in Mozambique (the largest in the histoy of Africa) has pushed land tenure issues to the fore in the county's peace process. While land re-access for the six million dislocatees is critical for food, security and political stability, conflict over land resources has become a primary concern of the government and both the regional and international community participating in Mozambique's recovery. Based on data recently collected over a year-and-a-half in Mozambique, this paper will look at the problematic issues of land access, land conflict, and land conflict resolution emerging from the recent 16 year war, and highlight the role of organizations from the national to the international, in land conflict resolution.

Is Land Inalienable? Historical and Current Debates on Land Transfers in Northern Ghana

Africa ◽  
2010 ◽  
Vol 80 (1) ◽  
pp. 56-80 ◽  
Author(s):  
Carola Lentz
Keyword(s):  
Land Tenure ◽  
Land Ownership ◽  
Northern Ghana ◽  
Historical Event ◽  
The Political ◽  
Land Conflicts ◽  
West Region ◽  
Political Implications ◽  
Region I ◽  
History Of

The article traces the history of debates on land transfers in northern Ghana and discusses the ways in which African and European views on land tenure influenced and instrumentalized each other. Using the case of Nandom in the Upper West Region, I analyse how an expansionist group of Dagara farmers gained access to and legitimized control over land previously held by a group of Sisala hunters and farmers claiming to be the ‘first-comers’ to the area. Both groups acknowledge that the Sisala eventually transferred land to the Dagara immigrants, symbolically effected by the transmission of an earth-shrine stone. However, the Sisala interpret this historical event in terms of a ‘gift’, invoking the language of kinship and continued dependency, while the Dagara construe it in terms of a ‘purchase’, implicating exchange, equality and autonomy. These different perspectives, as well as colonial officials' ideas that land ownership was ultimately vested in the ancestors of the first-comer lineage and therefore ‘inalienable’, have shaped early disputes about the Nandom earth shrine and Dagara property rights. Competing conceptions of pre-colonial African land tenure continue to provide powerful arguments in current land conflicts, and shrinking land reserves as well as the political implications of landed property, in the context of decentralization policies, have exacerbated the debate on the ‘inalienability’ of land.

scholarly journals Contested Land Restitution Processes in Cambodia

Land ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 482
Author(s):  
Chanrith Ngin ◽  
Andreas Neef
Keyword(s):  
Land Tenure ◽  
Local Communities ◽  
Land Conflicts ◽  
Land Conflict ◽  
Political Actors ◽  
Holistic Understanding ◽  
Donor Agencies ◽  
Transformative Approach ◽  
Resolution Processes ◽  
Land Restitution

Cambodia has experienced rapid economic growth due partly to excessive natural resource extraction. Land conflicts have been pervasive between local communities and companies that invest in land and other natural resources. Despite substantial research into land conflict resolution, knowledge about how land is returned to wronged parties and what happens to the returned land is fragmented. This review aims to provide a holistic understanding of land restitution in Cambodia by examining different types of land conflict, actors involved, and restitution processes. It provides both a macro perspective on land restitution and conflict-specific perspectives regarding how actors engage in different processes that produce various outcomes for disputants. We find both complications and ambivalence of the actors involved, particularly concerning their roles and influences in resolution processes. Specifically, we find contentious and ambivalent roles that non-governmental organisations (NGOs), donor agencies, and government authorities played in mixed results of resolution mechanisms in the cases that have yielded outcomes in terms of land restitution. Our review also suggests that the neoliberal policy that favours commoditisation of resources and the authoritarian patronage state disguised in a hybrid democracy allowed some grassroots resistance, civil society space, and responses from other concerned economic and political actors in the resolution processes. However, the state controlled and manipulated their engagement to benefit and maintain its economic and political bases, and it never allowed any transformative approach that could tackle the root causes of the problems. This understanding of complexities in land restitution is crucial to achieving land tenure security, particularly for local communities.

Analisis Penguasaan, Pemilikan, Penggunaan dan Pemanfaatan Tanah di Sempadan Pantai di Kelurahan Bintarore

Tunas Agraria ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 122-139
Author(s):  
Irsal Marsudi Sam ◽  
Setiowati Setiowati ◽  
Rakhmat Riyadi
Keyword(s):  
Land Use ◽  
Land Tenure ◽  
Land Rights ◽  
Land Ownership ◽  
Land Utilization ◽  
Open Land ◽  
Housing Services ◽  
The Government ◽  
Land Utilization Type ◽  
Ownership Rights

Abstract: Most of the land beach border Village Bintarore has been controlled and owned by the community. The purpose of this research are (1) to know the kind of land tenure, land ownership, land use and land utilization; (2) Land Office Policy in Bulukumba Regency granting land rights; (3) the suitability of the land use and land utilization with RTRW. The research was conducted using qualitative methods for data analysis, survey and interview methods for data collection and the use of the census method. Based on the results of the study are known: (1) land on the beach border Village Bintarore is controlled by the Government, the public and legal entities. Types of landholdings consists of State land and land ownership rights. Type of land use consists of the use of the open land for housing, services, government agencies, religious services, rental services, workshop, warehousing, graves, sports field, industry, trade and services mix. Land utilization type consists of utilization as a place of residence, mix, economic, social, agricultural and not utilized; (2) Bulukumba District Land Office do policies to keep providing land rights in the area of the border of the Bintarore Village beach, (3) there are 87,19% mismatch between the use and utilization of land at Bintarore Village beach border with RTRW.Keywords: IP4T, RTRW, beach border. Intisari: Sebagian besar tanah sempadan pantai Kelurahan Bintarore telah dikuasai dan dimiliki oleh masyarakat. Tujuan penelitian untuk mengetahui (1) Jenis penguasaan, pemilikan, penggunaan dan pemanfaatan tanah; (2) Kebijakan Kantor Pertanahan Kabupaten Bulukumba dalam pemberian hak atas tanah; (3) Kesesuaian penggunaan dan pemanfaatan tanah dengan RTRW. Penelitian dilakukan menggunakan metode kualitatif, teknik pengumpulan data dilakukan melalui survei dan wawancara serta menggunakan metode sensus. Berdasarkan hasil penelitian diketahui: (1) Tanah di sempadan pantai Kelurahan Bintarore dikuasai oleh pemerintah, masyarakat dan badan hukum. Jenis pemilikan tanah terdiri dari tanah negara dan tanah hak milik. Jenis penggunaan tanah terdiri dari penggunaan untuk perumahan, tanah terbuka, jasa instansi pemerintah, jasa peribadatan, jasa sewa, perbengkelan, pergudangan, kuburan, lapangan olahraga, industri, jasa perdagangan dan kebun campuran. Jenis pemanfaatan tanah terdiri dari pemanfaatan sebagai tempat tinggal, campuran, ekonomi, sosial, pertanian dan tidak dimanfaatkan; (2) Kantor Pertanahan Kabupaten Bulukumba melakukan kebijakan untuk tetap memberikan hak atas tanah di kawasan sempadan pantai Kelurahan Bintarore (3) Terdapat 87,19% ketidaksesuaian antara penggunaan dan pemanfaatan tanah di sempadan pantai kelurahan Bintarore dengan RTRW.Kata Kunci: IP4T, RTRW, sempadan pantai. 

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