scholarly journals Experiences and Development Impacts of Securing Land Rights at Scale in Developing Countries: Case Studies of China and Vietnam

Land ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 176
Author(s):  
Frank F. K. Byamugisha
Keyword(s):  
Developing Countries ◽  
Land Tenure ◽  
Secondary Data ◽  
Land Rights ◽  
Political Commitment ◽  
African Countries ◽  
Tenure Security ◽  
Technical Standards ◽  
Land Registration ◽  
Rapid Economic Growth

This paper reviews experiences and development impacts of a selected number of developing countries in Asia and Africa that have used emerging land registration approaches to rapidly secure land rights at scale. Rapid and scalable registration is essential to eliminate a major backlog of the world’s unregistered land, which stands at about 70 percent. The objective of the review, based on secondary data, is to draw lessons that can help accelerate land registration across many countries. While the focus is on China and Vietnam, the findings are buttressed by those from previous reviews in Ethiopia and Rwanda. The registration approaches used in these four countries were found to be cost-reducing, fast, inclusive and scalable enough to secure land rights for all within one generation. They also had significant positive impacts on land tenure security and investment. In addition, they indirectly along with other economic reforms contributed to rapid economic growth and a reduction in extreme poverty. The experience from these Asian and African countries offers important lessons including the need for strong political commitment and to develop flexible legal and spatial frameworks that fit the purpose of land registration, instead of the rigid technical standards set by land professionals.

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 Relations between Land Tenure Security and Agricultural Productivity: Exploring the Effect of Land Registration

Land ◽  
2020 ◽  
Vol 9 (5) ◽  
pp. 138 ◽  
Author(s):  
Uwacu Alban Singirankabo ◽  
Maurits Willem Ertsen
Keyword(s):  
Empirical Evidence ◽  
Land Management ◽  
Land Tenure ◽  
Agricultural Productivity ◽  
Costs And Benefits ◽  
Tenure Security ◽  
Land Registration ◽  
Scholarly Literature ◽  
Information Updating ◽  
Management Institutions

This paper reviews the scholarly literature discussing the effect(s) of land registration on the relations between land tenure security and agricultural productivity. Using 85 studies, the paper focuses on the regular claim that land registration’s facilitation of formal documents-based land dealings leads to investment in a more productive agriculture. The paper shows that this claim is problematic for three reasons. First, most studies offer no empirical evidence to support the claim on the above-mentioned effect. Second, there are suggestions that land registration can actually threaten ‘de facto’ tenure security or even lead to insecurity of tenure. Third, the gendered realization of land registration and security may lead to uneven distribution of costs and benefits, but these effects are often ignored. Next to suggesting the importance of land information updating and the efficiency of local land management institutions, this paper also finds that more research with a combined locally-set approach is needed to better understand any relation(s) between land tenure security and agricultural productivity.

scholarly journals PENDAFTARAN TANAH DENGAN ALAS HAK JUAL BELI DI BAWAH TANGAN PADA PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) (Studi Pada Kantor Pertanahan Kabupaten Lima Puluh Kota)

2020 ◽  
Vol 3 (1) ◽  
pp. 40-54
Author(s):  
Donald Andrean
Keyword(s):  
Task Force ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Field Studies ◽  
Primary Data ◽  
Legal Certainty ◽  
Land Registration ◽  
City District ◽  
The Government

In civil law, land is included in registered objects. Therefore ownership of land rights must be registered, for legal certainty. Land registration is regulated in PP No. 24 of 1997 concerning Land Registration. However, there are still many lands that have not been registered, to overcome this the government has issued a comprehensive systematic land registration program (PTSL) based on Minister of Agrarian Regulation No. 6 of 2018. The aim of this program is to provide legal certainty and legal protection for land rights owned by the community. The Complete Systematic Land Registration Program (PTSL) provides an opportunity for people who have not registered their land that is located throughout Indonesia in one village or village area. As in the Lima Puluh Kota Regency, there are still many lands that have not been registered, the people obtained them from buying and selling under their hands.The formulation of the problem in this thesis is firstly how is the land registration procedure with the basis of under-selling rights of purchase under the complete systematic land registration program (PTSL) at the fifty-city district land office ?; second, what are the obstacles in the implementation of land registration on the basis of the right to buy and sell under the complete systematic land registration program (PTSL) at the fifty-city district land office? The specification of this research is analytical descriptive, with a normative juridical approach, which is supported by an empirical juridical approach. The data used are secondary data as primary data and primary data as support, which are collected through literature studies and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. The results of the research and discussion of this thesis can be concluded that the procedure of land registration with the basis of the rights under the hand in the PTSL program in fifty cities is carried out with the stages of planning, location determination, preparation, formation and establishment of the PTSL adjudication committee and task force, counseling, physical data collection and collecting juridical data, researching juridical data for proving rights, announcing physical and juridical data and ratifying it, affirming conversion, recognizing rights and granting rights, accounting for rights, issuing certificates of land rights, documenting and submitting the results of activities and reporting.

scholarly journals Preserving small lakes, lakes, public ponds, and reservoirs as state property through land registration

2020 ◽  
Vol 2 (2) ◽  
pp. 203-216
Author(s):  
Hadi Arnowo
Keyword(s):  
Qualitative Data ◽  
Secondary Data ◽  
Land Rights ◽  
Environmental Damage ◽  
Legal Basis ◽  
Small Lakes ◽  
Buffer Zones ◽  
Land Registration ◽  
Maintenance System ◽  
The Government

The existence of small lakes, lakes, public ponds, and reservoirs for the Indonesian people is significant and has been used for various basic needs. The conditions of small lakes, lakes, public ponds and reservoirs generally show negative tendency namely pollution, silting, environmental damage and even some of them have been shifted function to land. This study aims to determine the importance of land registration for small lakes, lakes, public ponds, and reservoirs. The research method is descriptive qualitative. Data was collected through field observation for several samples and secondary data collection for several cases. Furthermore, the data are analyzed empirically by referring to the regulations and practices of the policy. The results obtained indicate that the sustainability of situ, lakes, reservoirs, and reservoirs (SDEW) is disturbed due to human activities. Land registration is one of the efforts to protect the existence of these public water areas. However, not all public water areas can be registered because of their land status. The area of ​​public water to be registered includes the surface area of ​​the water and its buffer zones. The stages of land registration for the area, lakes, reservoirs, and reservoirs are generally the same as for other land registrations. Following the registration of land for the territorial waters, the holder of land rights must actively maintain the control boundary and monitor the physical condition of the lake, reservoirs, and reservoirs from illegal exploitation efforts. In addition, the Government and Regional Governments must be able to raise community participation in maintaining territorial waters and establish cooperation with other parties related to the provisions governed by laws and regulations. This study concludes that land registration for the SDEW area is beneficial due to the improved management, monitoring, and maintenance system through the availability of accurate data and the strong legal basis.

Aspek Hukum Pengikatan Jual Beli Tanah Petok D Menurut Kuhperdata

2021 ◽  
Vol 8 (5) ◽  
Author(s):  
Alur Anzarwati Sekoningtias ◽  
Nynda Fatmawati Octarina
Keyword(s):  
Government Regulation ◽  
Legal Theory ◽  
Secondary Data ◽  
Land Rights ◽  
Civil Code ◽  
Judicial Decision ◽  
Land Registration ◽  
The Status ◽  
The Law ◽  
Land Sale

Land is an important thing in the life of the Indonesian nation. One way to obtain land is through buying and selling. Sale and purchase of land rights as set forth in Government Regulation Number 24 of 1997 concerning Land Registration. the fulfillment of all requirements relating to the sale and purchase in the presence of a notary then found a legal breakthrough and up to now still be done in the practice of buying and selling land that is made with the deed of binding sale and purchase agreement (PPJB) although the contents have been set about the sale and purchase of land but the new format limited binding of sale and purchase is a form of agreement which is or can be regarded as preliminary agreement. This study is a type of normative legal research ie research where in which researchers review the study documents that use various secondary data such as judicial decision legislation, legal theory. Based on the results of research First Characteristics of land sale and purchase agreement with the status of petok D following the general provisions of the law of agreement as set forth in Article 1457 of the Civil Code. It's just that the object of sale and purchase of land with the status of petok D, then apply the procedure agreement by using provisions that are more specific that is based on Government Regulation No. 24 of 1997 on land registration. Second The effect of the law on the parties if one party has defaulted in the binding of the land sale and purchase agreement with the status of petok D according to the Civil Code is canceled so that it is made based on Government Regulation Number 24 of 1997 due to the seller can not fulfill its obligation.  Keywords : Sale and purchase land of petok D, binding sale and purchase agreement.          ABSTRAK Tanah adalah hal yang penting dalam kehidupan bangsa Indonesia. Salah  satu cara memperoleh tanah adalah melalui jual beli. Jual beli hak atas tanah seperti yang telah diatur dalam Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah.pemenuhan terhadap semua persyaratan yang berkaitan dengan pelaksanaan jual beli di hadapan notaris maka ditemukan suatu terobosan hukum dan hingga kini masih dilakukan dalam praktek jual beli tanah yaitu dengan dibuatnya akta pengikatan perjanjian jual beli (PPJB) meskipun isinya sudah mengatur tentang jual beli tanah namun formatnya baru sebatas pengikatan jual beli yaitu suatu bentuk perjanjian yang merupakan atau dapat dikatakan sebagai perjanjian pendahuluan. Penelitian ini merupakan jenis penelitian hukum normatif yakni penelitian dimana didalamnya peneliti mengkaji studi dokumen yakni menggunakan berbagai data sekunder seperti perundang-undangan keputusan pengadilan, teori hukum. Berdasarkan hasil penelitian PertamaKarakteristik perjanjian jual beli tanah yang berstatus petok D mengikuti ketentuan umum hukum perjanjian sebagaimana yang telah diatur didalam Pasal 1457 KUHPerdata. Hanya saja obyek jual beli tanah berstatus petok D maka diberlakukan tata cara perjanjian dengan menggunakan ketentuan yang sifatnya lebih khusus yaitu berpedoman pada Peraturan Pemerintah Nomor 24 tahun 1997 tentang pendaftaran tanah.Kedua Akibat hukum terhadap para pihak apabila salah satu pihak melakukan wanprestasi dalam pengikatan perjanjian jual beli tanah yang berstatus petok D menurut KUHPerdata dibatalkan sehingga yang dibuat berdasarkan Peraturan Pemerintah Nomor 24 tahun 1997 akibat penjual tidak dapat memenuhi kewajibannya.Kata Kunci : Jual beli tanah petok D, Perjanjian Pengikatan jual beli.

scholarly journals Dynamics Of The Community In The Implementation Of Complete Systematic Land Registration Program In The Land Office Of Blora Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 163
Author(s):  
Nuryanto Nuryanto ◽  
Umar Ma'ruf
Keyword(s):  
Research Methods ◽  
Community Dynamics ◽  
Great Influence ◽  
Field Research ◽  
Secondary Data ◽  
Land Rights ◽  
Land Registration ◽  
Descriptive Research ◽  
Library Research ◽  
The Government

The birth of a complete systematic land registration program is expected to reduce the level of land problems faced by the government, especially in fulfilling land rights and accelerating the making of land certificates for the community. In this research, the formulation of the problem proposed is how is the dynamics of the community in implementing a complete systematic land registration in Blora Regency?. This study uses a sociological juridical approach to the type of analytical descriptive research. The data used for this study are primary and secondary data taken by library research methods, field research, and interviews. Based on the results of the study concluded that the dynamics of the community towards the implementation of the PTSL program by looking at the benefits of the program which has a great influence on the welfare of the community. In an effort to realize the welfare of the community, the community receiving land certificates through PTSL can be mobilized together to make various productive businesses that are expected to improve the community's economy.Keywords: Community Dynamics; Complete Systematic Land Registration; Land Office.

scholarly journals Kondisi Aktual Penguasaan Tanah Ulayat Di Maluku: Telaah Terhadap Gagasan Pendaftaran Tanahnya

2019 ◽  
Vol 5 (2) ◽  
pp. 222-229
Author(s):  
Oloan Sitorus
Keyword(s):  
Land Tenure ◽  
Land Rights ◽  
Public Authority ◽  
Land Registration ◽  
Customary Land ◽  
Land Register ◽  
Private Right

Abstract: What land registration concept is suitable for Tanah Ulayat (Petuanan Land)? This question is relevant to be answered when the actual conditions of tenurial of the Petuanan Land have undergone an individualization process. The above question is answered by applying the concept of land registration to the actual conditions of customary land tenure. For Petuanan Land which is still intact containing public authority and private right, the proper concept of land registration is only limited to the Land Register. Furthermor, Petuanan Land that has undergone the process of individualization into Tanah Marga or Soa and individual land, the concept of land registration can be carried out up to the issuance of certificates as proof of land rights. Thus, the portion of Petuanan Land that can be the object of Complete Systematic Land Registration in Maluku Province is Petuanan Land that has undergone a process of individualization, can be land that is possessed or owned  by traditional village (although very rare), clan or soa. Intisari: Pendaftaran Tanah yang bagaimanakah yang tepat bagi Tanah Ulayat (Tanah Petuanan) di Maluku? Pertanyaan ini dipandang relevan untuk dijawab ketika kondisi aktual penguasaan Tanah Ulayat (Tanah Petuanan) itu sudah mengalami proses individualisasi. Pertanyaan di atas dijawab dengan cara menerapkan konsep pendaftaran tanah terhadap kondisi aktual penguasaan tanah ulayat. Bagi Tanah Petuanan yang masih utuh berisi kewenangan publik dan privat, konsep pendaftaran tanah yang tepat hanyalah sebatas Daftar Tanah. Selanjutnya, Tanah Petuanan yang sudah mengalami proses individualisasi menjadi Tanah Marga atau Soa dan Tanah Individual, maka konsep pendaftaran tanah dapat dilakukan sampai pada penerbitan sertipikat sebagai bukti hak atas tanah. Dengan demikian, bagian dari Tanah Petuanan yang dapat menjadi objek Pendaftaran Tanah Sistematik Lengkap di Provinsi Maluku adalah Tanah Petuanan yang sudah mengalami proses individualisasi, dapat berupa tanah yang dikuasai oleh negeri (meskipun sangat jarang), tanah yang dikuasai marga atau soa, dan tanah yang dikuasai oleh perorangan.

scholarly journals Heartrending or Uplifting: The Ethiopian Urban Land Tenure System Reform and Its Reflection on Tenure Security of Permit Holders

2017 ◽  
Vol 33 (3) ◽  
pp. 291-310
Author(s):  
Brightman Gebremichael
Keyword(s):  
Land Tenure ◽  
Land Rights ◽  
Urban Land ◽  
System Reform ◽  
Tenure Security ◽  
Public Purpose ◽  
Tenure System ◽  
Land Tenure System ◽  
The Government ◽  
The Right

In this article, I reflect on the implication of the urban land tenure systems of the three political regimes of Ethiopia on the objective element of land tenure security of urban landholders, particularly, permit holders. The objective element of land tenure security can be assessed in terms of clarity and breadth, duration, assurance, and enforceability of land rights. On these foundations, I argue that the objective element of tenure security of urban landholders in Ethiopia has been reduced with each subsequent regime. The Imperial regime’s urban land tenure system affected the objective land tenure security of urban landholders in terms of enforceability of land rights—particularly limiting the right to appeal to a presumably independent court of law with regard to the amount of compensation awarded for the loss of land rights through expropriation. The Derg regime’s urban land tenure system, on the other hand, had narrowed the breadth of land rights to possessory right; it introduced other grounds in addition to expropriation, by which a landholder could lose his land rights, it adopted a vague and broad understanding of “public purpose” for expropriation, and it introduced a compensation scheme that left a landholder compensated inadequately; and it totally prohibited bringing a legal action in presumably an independent court of law against the government. Even more, the post-1991 urban land tenure system has perpetuated the objective land tenure insecurity of permit holders by making the land rights unclear until the enactment of regulation; and to be valid for a definite period of time by mandatorily demanding its conversion to lease system.

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