scholarly journals THE AIMS AND TRENDS OF THE SUSTAINABLE LAND TENURE FORMATION IN UKRAINE: THE SPATIAL ASPECT

2021 ◽  
Vol 47 (3) ◽  
pp. 131-138
Author(s):  
Mykola Malashevskyi ◽  
Olena Malashevska
Keyword(s):  
Land Tenure ◽  
Transition Economy ◽  
Agricultural Land ◽  
Private Land ◽  
The Sustainable Development ◽  
Land Redistribution ◽  
Complex Approach ◽  
Spatial Aspect ◽  
The Government ◽  
Local Budget

The spatial aspect of the challenge of the sustainable land tenure formation has been scrutinized in the article. There is a set of unresolved issues at the point where interests of land owners, land users and the government clash, that witnesses the absence of effective mechanisms of the formed land tenure system improvement. At the transition to the market relations, with the private land property environment, new effective approaches to land redistribution and rational land use support are necessary. The research objective is the development of a complex approach to the land tenure spatial improvement for the sustainable development. Substantiation is carried out for the transition economy with Ukraine as an example. Land redistribution aiming at urban settlement area optimization and agricultural land tenure in the context of the social environment and economic benefit has been substantiated. The effectiveness of the spatial land improvement in the context of the national and local budget land fee revenues has been substantiated.

scholarly journals Configuring Land Rights Registration in the Agrarian Legal System (Comparative Study of Government Regulation Number 10 of 1961 with Government Regulation Number 24 of 1997)

2019 ◽  
Vol 7 (05) ◽  
Author(s):  
Sri Sunarni ◽  
Zainal Asikin ◽  
Widodo Dwi Putro
Keyword(s):  
Rule Of Law ◽  
Foreign Investment ◽  
Government Regulation ◽  
Agricultural Land ◽  
Land Rights ◽  
Economic Sector ◽  
Land Redistribution ◽  
The People ◽  
The Government ◽  
The Right

Normative research concerning Configuring the Replacement of Regulations on the Registration of Land Rights by addressing the issue of ideology and Raison de Etre's rule of law gave the conclusion, that the Registration of Mastering Rights by the State should respect and recognize individual rights to land. From the analysis and discussion that discusses, conclusions can be drawn, that is the Right to Mastery over the Land held by the Government agrees if it has the power to connect the economic sector. More details can be found: Registration of land rights cannot be agreed with political policies on land use. In the implementation of PP 10 of 1961 the government seized people's land rights, then redistributed the people who needed it as agricultural land (in addition, this program of land redistribution was communicated to the government as an asset with public reasons; it found different political attitudes when implement PP 24 of 1997, namely: by regulating the fundamentals of a new government-finance and vice versa with the Pancasila Philosophy as a principle of Efficiency-Justice Actually it was implemented at the beginning of Repelita I by enacting Law No. 1 of 1967 (Foreign Investment) A comparable increase is needed with the people's prosperity which is relatively difficult to achieve (PP 10 of 1961) which seeks to increase government original income (PAD).

Institutional Design, Local Elite Resistance, and Inequality in Access to Land: Evidence from Cotton-Growing Areas of Tajikistan

2021 ◽  
Vol 7 (4) ◽  
pp. 307-339
Author(s):  
Navruz Nekbakhtshoev
Keyword(s):  
Soviet Union ◽  
Land Reform ◽  
Agricultural Land ◽  
Institutional Design ◽  
Arable Land ◽  
Active Role ◽  
Land Redistribution ◽  
The Soviet Union ◽  
The Government ◽  
Collective Farms

Abstract Following the collapse of the Soviet Union, Tajikistan, like other postcommunist states, embarked on agricultural land reform. The government, assisted by international organizations, implemented laws and created campaigns to break up Soviet-style collective farms and encourage independent farms. After over a decade, 66 percent of farmers in the country, including in cotton-growing areas, continue to work collectively, and 71 percent of arable land is held in collectives. I argue that the decentralized nature of the land redistribution program enabled the managers of former collective farms, re-labeled as “collective peasant farms,” to gain power so that they could use informal practices to resist peasant shareholders’ efforts to actualize their land rights. Theoretically, my argument reconciles competing perspectives about the reasons for limited land redistribution in the context of postsocialist transition. The study’s policy implication is that the government of Tajikistan, and foreign donors, instead of decentralizing the implementation of land reform, should take an active role in physically redistributing land among shareholders.

NOBLE LAND OWNERSHIP IN SIMBIRSK PROVINCE IN THE SECOND HALF OF THE XIX – EARLY XX CENTURY

2019 ◽  
Vol 15 (2) ◽  
pp. 147-153
Author(s):  
Oleg I. Mariskin
Keyword(s):  
Land Tenure ◽  
Legal Status ◽  
Economic Status ◽  
The State ◽  
Private Land ◽  
Mortgage Loans ◽  
Economic Relations ◽  
History Of ◽  
The Government ◽  
Land Bank

Introduction. The most important event that determined the agrarian development of Russia in the second half of the XIX – early XX century was the abolition of serfdom in 1861. The agrarian reform was a great shock not only for the peasant economy, but also for the landowner estates of Russia, raising the question of the economic viability of the nobility as a subject of economic relations. Materials and Methods. A comprehensive study of the regional features of the evolution of the noble economy in the second half of the XIX – early XX century allows you to identify the main trends and patterns of the studied processes and phenomena, which contributes to filling numerous gaps in the history of the nobility, its legal status, socio-economic status, economic activity and land tenure dynamics. Results. In the post-reform period, the growing need of landlords for mortgage loans associated with the mobilization of land and the tasks of modernizing noble economies. The government initially hoped to satisfy through those that emerged in the 1870s private land banks. In connection with the continued difficulties with loans for the local nobility in 1885, the State Nobility Land Bank was created. Analysis of land tenure statistics in Simbirsk province in the second half of the XIX – early XX centuries shows a sharp reduction in the number of land owned by the nobles. By 1905 in the Simbirsk province noble land tenure decreased by 48,4 %. Discussion and Conclusions. The activity of the State Noble Land Bank in the territory of Simbirsk province helped the local nobles to obtain the sums of money necessary for the modernization of their farms, but the soft loan provided to them could not prevent a further reduction in noble land tenure.

Peculiarities of Land Reform and Introduction of the Land Market in Ukraine: Legal Security and Consequences

2021 ◽  
Vol 67 (2) ◽  
pp. 261-269
Author(s):  
Olha Zyhrii
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Market ◽  
Controversial Issues ◽  
Land Relations ◽  
The Government ◽  
Legal Security ◽  
The Right ◽  
Ukrainian Society

During the years of Ukraine's independence, the issue of land reform and the opening of the market for agricultural land was on the agenda of the legislative and executive branches of government. According to the Constitution of Ukraine, land is the most valuable wealth and property of the Ukrainian people. Land reform is not the first attempt by the authorities to change land relations in Ukraine, but it was to resolve the controversial issues of Ukrainian land. The implementation of land reform provided not only the introduction of effective mechanisms of land tenure and land use, but also the development of a modern land market on the basis of a market economy. Land reform has been hampered by corruption, a moratorium on the sale of agricultural land, and the desire of some politicians to speculate on the issue. Therefore, the moratorium in Ukraine was introduced as a temporary tool to protect landowners in the underdeveloped infrastructure of the land market. The adopted Law of Ukraine in 2020 removes the moratorium and gives the right to owners of agricultural land to dispose of their land at their own discretion. In the future, the opening of the land market should be a significant change in the life of Ukrainian society. However, the villagers face a number of unresolved issues that need to be clarified. Parliament and the government are expected to adopt and implement new land laws, such as decentralization of land management, the state e-auction, and the establishment of an independent Partial Lending Fund to increase smallholder access to flexible financing.

scholarly journals From “Land to the Tiller” to the “New Landlords”? The Debate over Vietnam’s Latest Land Reforms

Land ◽  
2019 ◽  
Vol 8 (8) ◽  
pp. 120 ◽  
Author(s):  
To ◽  
Mahanty ◽  
Wells-Dang
Keyword(s):  
Private Sector ◽  
Land Tenure ◽  
Agricultural Land ◽  
Market Access ◽  
Production Systems ◽  
High Tech ◽  
Unskilled Labor ◽  
Land Law ◽  
Land Access ◽  
The Government

Between Vietnam’s independence and its reunification in 1975, the country’s socialist land tenure system was underpinned by the principle of “land to the tiller”. During this period, government redistributed land to farmers that was previously owned by landlords. The government’s “egalitarian” approach to land access was central to the mass support that it needed during the Indochinese war. Even when the 1993 Land Law transitioned agricultural land from collectivized to household holdings with 20-year land use certificates, the “land to the tiller” principle remained largely sacrosanct in state policy. Planned amendments to the current Land Law (issued in 2013), however, propose a fundamental shift from “land to the tiller” to the concentration of land by larger farming concerns, including private sector investors. This is explained as being necessary for the modernization of agricultural production. The government’s policy narrative concerning this change emphasizes the need to overcome the low productivity that arises from land fragmentation, the prevalence of unskilled labor and resource shortages among smallholders. This is contrasted with the readily available resources and capacity of the private sector, together with opportunities for improved market access and high-tech production systems, if holdings were consolidated by companies. This major proposed transition in land governance has catalyzed heated debate over the potential risks and benefits. Many perceive it as a shift from a “pro-poor” to “pro-rich” policy, or from “land to the tiller” to the establishment of a “new landlord”—with all the historical connotations that this badge invokes. Indeed, the growing level of public concern over land concentration raises potential implications for state legitimacy. This paper examines key narratives on the government-supported land concentration policy, to understand how the risks, benefits and legitimacy of the policy change are understood by different stakeholders. The paper considers how the transition could change land access and governance in Vietnam, based on early experience with the approach.

scholarly journals LAND OWNING PATTERNS ON RICE FARMING: Increasing Production and Efficiency

2020 ◽  
Vol 16 (2) ◽  
pp. 118-115
Author(s):  
Untari Untari ◽  
Maria Veronoca Irene Herdjiono
Keyword(s):  
Data Analysis ◽  
Land Tenure ◽  
Agricultural Land ◽  
Farming System ◽  
Land Ownership ◽  
Research Data ◽  
Private Land ◽  
Rice Farming ◽  
Analysis Method ◽  
Primary Research

Merauke has a large potential for agricultural land with a type of agriculture that can be developed, namely a wetland farming system that is very suitable for paddy production. The objectives of this study are: a) to know the patterns of paddy farming, b) analyze the level of production from land tenure patterns, and c) analyze the level of economic efficiency of paddy farming in the pattern of paddy farmland ownership in Marga Mulya village, Semangga District, Merauke Regency. The study used 60 respondents as a source of data and information on primary research data. Data analysis method used to answer the research objectives is farming analysis and R/C ratio. The results of the study concluded that there are two patterns of rice farming land ownership, namely the pattern of ownership of private land and leased land. The two patterns of land ownership show that the pattern of ownership of private land has a higher production compared to the pattern of ownership of rent versus 2,785.71 kg/ha/season and 2,313 kg/ha/season with an efficiency level of 2.57% and 2.51%.

scholarly journals Fee Simple Failures: Rural Landscapes and Race

2021 ◽  
pp. 1695
Author(s):  
Jessica Shoemaker
Keyword(s):  
Rural Communities ◽  
Land Tenure ◽  
Agricultural Land ◽  
Rural Landscape ◽  
Environmental Crisis ◽  
Property Law ◽  
Private Land ◽  
Real Property ◽  
Rural Landscapes ◽  
Rural Places

Property law’s roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural communities are in decline. The fee simple ownership form has failed every agrarian objective but one: the maintenance of white landownership. For it was also embedded in the original American experiment that land ownership would be racialized for the benefit of its white citizens, through acts of colonialism, slavery, and explicit race-based exclusion in property law. Today, rather than undoing this racialized legacy, modern property rules only further concentrate and homogenize rural landownership. Agricultural landownership remains almost entirely— 98 percent—white. This is a critical racial justice issue that converges directly with our impending environmental crisis and the decline of rural communities more generally. This Article builds on work of rural sociologists and farm advocates who demonstrate, again and again, that despite a pervasive narrative of rural places dying for want of population and agricultural systems too far gone for reform, the reality is a crowd of emerging farmers—and farmers of color in particular— clamoring for access. Existing policy efforts to support beginning farmers have focused primarily on supporting a few private land transactions within existing systems. This Article brings property theory to the table for the first time, arguing that property law itself is not only responsible for the original racialized distributions of agricultural land but also actively perpetuates both ongoing racialized disparities and the currently industrialized and depopulated rural landscape. This Article deconstructs our most fundamental land-tenure choice—the fee simple itself—and calls on our collective legal imagination to develop more adaptive, inclusive, and dynamic land-tenure designs rooted in these otherwise overlooked rural places.

scholarly journals Factors Affecting the Converstion of Agricultural Land in Pandeglang Regency

2018 ◽  
Vol 6 (2) ◽  
Author(s):  
Ayu Candra Kusumastuti ◽  
Lala M. Kolopaking ◽  
Baba Barus
Keyword(s):  
Land Tenure ◽  
Local Community ◽  
Agricultural Land ◽  
Land Conversion ◽  
Land Protection ◽  
Factors Affecting ◽  
Community Activities ◽  
Control Food ◽  
The Government ◽  
Increasing Demand

<p>ABSTRACT<br />Increasing the number of people in Java affected the increasing demand for land for community activities. This became one of the drivers of the conversion of agricultural land into non-agricultural land. On the other hand, the increasing need for food makes the government must establish a policy of protection of agricultural land so as not to be converted. Efforts to control food land conversion need to look at the factors that affect land conversion in each region. Thus, the established program is more effective because it is able to answer the problems faced by the community, especially the land owner. This study aims to identify factors affecting land conversion in Pandeglang Regency. The factors was analyzed by ordinal regression.. The results showed that factors affecting land conversion are land tenure, B/C ratio of paddy farming, and road conditions. The effort to suppress the conversion of agricultural land requires the commitment of the government and the community as policy actors. The establishment of rural area institutions based on local community business is one solution to prevent the conversion of agricultural land.<br />Keywords: Land conversion, food-crop land protection, rice field, institution</p><p><br />ABSTRAK<br />Peningkatan jumlah penduduk di Pulau Jawa berpengaruh pada peningkatan kebutuhan lahan untuk aktivitas masyarakat. Hal ini menjadi salah satu pendorong terjadinya alih fungsi lahan pertanian menjadi lahan non pertanian. Di sisi lain, kebutuhan pangan yang semakin meningkat membuat pemerintah harus menetapkan kebijakan perlindungan lahan pertanian pangan agar tidak dialih fungsikan. Upaya pengendalian alih fungsi lahan pangan perlu melihat faktor-faktor yang mempengaruhi alih fungsi lahan di masing-masing wilayah. Sehingga, program yang ditetapkan lebih efektif karena mampu menjawab permasalahan yang dihadapi masyarakat khususnya pemilik lahan. Penelitian ini bertujuan untuk mengidentifikasi faktor yang mempengaruhi alih fungsi lahan di Kabupaten Pandeglang dan. Faktor-faktor yang mempengaruhi alih fungsi lahan dianalisis dengan uji regresi ordinal. Hasil penelitian menunjukkan bahwa faktor yang mempengaruhi alih fungsi lahan adalah luas penguasaan lahan, B/C rasio usaha tani padi, dan kondisi jalan. Usaha menekan konversi lahan pangan memerlukan komitmen pemerintah dan masyarakat sebagai pelaku kebijakan. Pembentukan kelembagaan kawasan perdesaan berbasis bisnis komunitas lokal menjadi salah satu solusi dalam mencegah alih fungsi lahan pertanian pangan.<br />Kata Kunci: alih fungsi lahan, perlindungan lahan pertanian pangan, sawah, kelembagaan</p>

scholarly journals Agrarian policy in Ukraine during the National-Democratic Revolution of 1917-1921: experience for contemporary agrarian transformations

Eminak ◽  
2021 ◽  
pp. 92-102
Author(s):  
Serhii Kornovenko
Keyword(s):  
Land Tenure ◽  
The State ◽  
Political Life ◽  
Land Market ◽  
Clear Understanding ◽  
Industrial Complex ◽  
Private Land ◽  
Agrarian Policy ◽  
Heated Debate ◽  
The Government

The experience of the events of the Ukrainian Revolution of 1917-1921 is especially relevant for modern Ukraine. Modern geopolitical transformations, radical changes in the domestic political life of Ukraine, ambitious plans of the government are a chance for our state to restore its full-fledged subjectivity in the international arena, in the domestic life of the country. An effective mechanism of external and internal subjectivization of Ukraine, given the longevity of agricultural culture (in a broad sense), can be agrarian policy, its effective implementation. This implies not only a clear understanding on the part of the state of the essence of agrarian policy, its purpose, stages and mechanisms of implementation. The author of the article aims to propose, taking into account the agrarian transformations of the Ukrainian revolution, a possible model of the latest agrarian transformations. Under modern conditions, the most discussed issue is the feasibility/inexpediency of opening a land market in Ukraine. The heated debate on this is primarily about the socio-economic and socio-political consequences. Last but not least, the debaters in the discussions focus on only one segment of this multifaceted phenomenon � foreign land tenure/land use/land management. That is, they are only interested in the institution of private land ownership for foreigners on the whole set of issues. The main risks of opening the land market: external and internal. External: desubjectification of Ukraine, increasing dependence on foreign capital, especially credit one, loss of status of the granary of Europe, reduction of foreign exchange earnings to the budget, desoilization (dechernozemization). Internal: legalization of the agrarian oligarchy, desubjectification of power, degradation of civil society, increasing shadowing of the economy in general, agro-industrial complex in particular, the absence of the middle class � the social basis of the state, the extinction of the countryside, its disappearance as a socio-economic, socio-political, spiritual-cultural component of the Ukrainian political nation, strengthening the demographic challenges, etc.

scholarly journals PENERAPAN LARANGAN PEMILIKAN TANAH PERTANIAN SECARA ABSENTEE

2019 ◽  
Vol 3 (2) ◽  
pp. 159
Author(s):  
Chandra Dewangga Marditya Putra
Keyword(s):  
Rural Communities ◽  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Ownership ◽  
Agricultural Lands ◽  
Farming Community ◽  
Reform Program ◽  
The Government ◽  
And Control

Untuk menjadikan masyarakat tani yang adil dan makmur maka pemerintah melalui program landreform yang meliputi perombakan mengenai kepemilikan dan penguasaan tanah serta hubungan-hubungan hukum yang bersangkutan dengan penguasaan tanah. Sesuai dengan Pasal 10 ayat (1) Undang-Undang Pokok Agraria telah mengamanahkan terkait larangan kepemilikan atas tanah pertanian secara absentee. Dengan adanya ketentuan tersebut diharapkan para pemegang hak atas tanah pertanian dapat mengusahakan atau mengerjakan sendiri tanah yang dimilikinya sehingga tanah-tanah pertanian memang menjadi produktif dan tidak terdapat tanah pertanian yang di biarkan atau absentee. Tujuan larangan absentee agar hasil yang diperoleh dari pengusahaan tanah sebagian besar dapat dinikmati oleh masyarakat desa tempat letak tanah. Fenomena larangan tanah absentee/guntai secara nyata terjadi, tetapi tidak dilakukan sanksi yang tegas.Kata kunci: absentee, kepemilikan hak atas tanah, pertanian, sanksi. To make a fair and prosperous farming community, the government through a Land Reform program which includes a reshuffle of land ownership and control as well as legal relations concerned with land tenure. In accordance with Article 10 paragraph (1) the Basic Agrarian Law mandates Absentee prohibitions on ownership of agricultural land. With the existence of these provisions it is expected that holders of agricultural land can cultivate or work on their own land so that agricultural lands are indeed productive and there is no agricultural land that is left or Absentee. The purpose of the Absentee ban is that the results obtained from the cultivation of land can be enjoyed mostly by rural communities where the land is located. The phenomenon of the prohibition of Absentee / guntai land actually occurred, but no strict sanctions were made.Keywords: absentee,ownership of rights to land, agriculture, sanctions.

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