The Constitutionality of Compulsory Land Acquisition in Vietnam: Issues and Recommendations

This article identifies and analyzes the theoretical, constitutional, and practical bases for governmental land acquisition in Vietnam from a comparative perspective. The authors contrast political ideologies of private ownership and public interests to elucidate the grounds for compulsory acquisition of property for public uses. By reviewing constitutional provisions on compulsory land acquisition in several countries (Singapore, Korea, Australia, India, and the United States), and exploring Vietnam’s constitutional provisions on land acquisition for national defense, security and socio-economic development, this article analyzes some key themes of purposes, procedure, and compensation. The paper then suggests specific changes to Vietnam’s Land Law to increase transparency and to provide more legal safeguards for private users of property when government entities recover privately-used land for public purposes.

Teaching Land Law: Controversy and Land Policy in Hungary from 1948 to 1968

Topic of the study. During the harsh Stalinization from 1948 agriculture had to be collectivized while land was not nationalized by decree as the Bolsheviks did in Russia in 1917. The Soviet legal system was a pattern for jurists but the differences made the transition to “socialism” more rugged and controversial. The legal scholars had to interpret a situation which had to develop further to full “socialization”. In order to do that, a “cooperative law” and a “land law” had to be created and taught as part of “agricultural law”. Research questions and methods. Land law consisted of regulations regarding private farmers and collective agricultural producers (cooperatives, state farms etc.), theoretically in the whole research period. How did the agrarian, cooperative and land policy affect legal theory on land tenure system? What kind of scientific dispute emerged on this matter and how did the attempts of codification of land law affect legal education? Various types of sources were evaluated, for instance protocols of council meetings of the faculty of law of two universities, archival sources, articles and studies from authors who taught land law and took part in its debate and codification. Results and conclusions. Law was used as a tool to boost transformation, and the lawmakers and jurists faced a paradox situation in which there was a need of codification of land law and to make it independent from other branches of law. On the one hand, jurists argued like Gyula Eörsi and Miklós Világhy that civil law had primatus in the legal system and property relations had to be included in that part of legislation during the “transition period”. On the other hand, many jurists, for instance Iván Földes, Imre Seres claimed that cooperative law or/and land law were separated branches of law despite the fact that mass collectivization was not completed until the spring of 1961.

LEGAL CERTAINTY IN PROVIDING CERTIFICATE OF LAND RIGHTS FROM THE MINISTRY OF JUSTICE BASED ON LAW NUMBER 13, 2017

The complexity of the issue of structuring land law after the independence of Timor Leste 20 years. The rise of community demands regarding land ownership rights is closely related to the principle of independence which cannot be separated from property rights, contract rights and freedom. Land rights are a separate issue for the RDTL state where there is dual ownership of certificates from the Portuguese colonial era and the Indonesian occupation of Timor Leste.This study aims to conduct a theoretical analysis of the authority of the ministry of justice in providing land rights certificates in accordance with applicable laws. this study adopts normative assumptions to indicate a critical problem in the ministry of justice which includes several literature reviews. As the final conclusion of this research, based on theoretical assumptions, it is explained thatOwnership of land and buildings must guarantee legal certainty and legal protection, legal certainty and legal protection regarding land that is property rights from a juridical point of view of the subjects land status, and from a physical point of view in the form of the location, boundaries and area of ​​land which are regulated based on statutory regulations. InvitationOn the basis of the dual ownership of land titles, the RDTL government has attempted to establish various land law instruments to regulate citizens rights to land. However, this still raises various problems, including: juridical problems, sociological problems, historical problems and politicalproblems. So that the writing of this article can also provide clarity on land law in the country of Timor Leste.

The Politics of Land Law: Poverty and Land Legislation in Bangladesh

<p>This thesis examines the major colonial and post-colonial land laws of Bangladesh and their relationship with poverty. It interprets them in the light of historical developments and social realities. The thesis argues that land laws in Bangladesh are essentially anti-poor. They contribute to the perpetuation of poverty. At present, two-thirds of the poor in Bangladesh are land-related poor. The land system that prevailed in colonial Bengal during the British period deprived the peasants of their land rights. This situation demanded a radical land reform based on a distributive approach upon decolonisation in 1947. Unfortunately, in the post-colonial political and legal settings of Bangladesh, land distribution has been unequal. Such inequality coupled with a weak land tenure system and fragile institutional reform created widespread poverty. The Bangladeshi land laws are complex and vague and dominated by politics. Its land law regime has structural loopholes and ideological drawbacks, which are enough to make reform attempts dysfunctional. Poverty in Bangladesh is a result of cumulative and mutually reinforcing deprivations. Land law is a major participant in it. Poverty will persist unless law addresses the true reasons of the poverty and a pro-poor approach to land reform is pursued. The gap between “law” and “land” is exposed and a distributive land law reform model is proposed.</p>

The Politics of Land Law: Poverty and Land Legislation in Bangladesh

<p>This thesis examines the major colonial and post-colonial land laws of Bangladesh and their relationship with poverty. It interprets them in the light of historical developments and social realities. The thesis argues that land laws in Bangladesh are essentially anti-poor. They contribute to the perpetuation of poverty. At present, two-thirds of the poor in Bangladesh are land-related poor. The land system that prevailed in colonial Bengal during the British period deprived the peasants of their land rights. This situation demanded a radical land reform based on a distributive approach upon decolonisation in 1947. Unfortunately, in the post-colonial political and legal settings of Bangladesh, land distribution has been unequal. Such inequality coupled with a weak land tenure system and fragile institutional reform created widespread poverty. The Bangladeshi land laws are complex and vague and dominated by politics. Its land law regime has structural loopholes and ideological drawbacks, which are enough to make reform attempts dysfunctional. Poverty in Bangladesh is a result of cumulative and mutually reinforcing deprivations. Land law is a major participant in it. Poverty will persist unless law addresses the true reasons of the poverty and a pro-poor approach to land reform is pursued. The gap between “law” and “land” is exposed and a distributive land law reform model is proposed.</p>

PENGATURAN BANK TANAH DALAM UNDANG-UNDANG CIPTA KERJA DAN IMPLIKASI KEBERADAAN BANK TANAH TERHADAP HUKUM PERTANAHAN DI INDONESIA

Land is one of sources of natural wealth as stated in Article 33 of the 1945 Constitution and is implemented based on the national land law as regulated in Agrarian Law. Government must manage land for the greatest prosperity of the people. The problems in land management is difficulty in carrying out a land acquisition for public interest. Many lands controlled by land brokers/speculators have been abandoned. This condition causes national development to become obstructed and requires enormous financing. The government formed a land bank which is regulated in Law Number 11 of 2020 concerning Job Creation. This research is intended to describe and explain regulation of Land Bank in the Job Creation Act and Government Regulation of Land Bank Agency and the implications for national land law. This study uses normative legal research with conceptual and statutory approach. The legal materials consist of primary, secondary, and tertiary legal materials. The land bank regulation contains the establishment of Land Bank Agency, functions, objectives, institutional structure of Land Bank, the assets of Land Bank Agency, land rights granted to Land Bank Agency, and position and nature of land bank. It is feared that existence of Land Bank will deviate from the objectives of agrarian reform and the principles of national land law because there are vague, unclear, and potentially contain conflicts of interest and abuse of authority. There is a need for changes to a number of applicable provisions in a comprehensive and systematic manner and socialization of the existence of a land bank. Tanah merupakan salah satu sumber kekayaan alam yang dicantumkan dalam Pasal 33 UUD 1945 dan dilaksanakan berdasarkan hukum tanah nasional dalam Undang-Undang Pokok Agraria. Pemerintah memiliki kewajiban untuk mengelola tanah bagi sebesar-besarnya kemakmuran rakyat. Permasalahan dalam pengelolaan tanah adalah kesulitan melakukan pengadaan tanah bagi kepentingan umum. Banyak tanah yang dikuasai oleh makelar atau spekulan tanah yang diterlantarkan. Kondisi ini menjadikan pembangunan nasional menjadi terhambat dan memerlukan pembiayaan yang begitu besar. Untuk mengatasi hal tersebut pemerintah membentuk Bank Tanah yang diatur dalam Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja. Penelitian ini ditujukan untuk menguraikan dan menjelaskan pengaturan Bank Tanah dalam UU Cipta Kerja dan PP Badan Bank Tanah serta implikasi yang ditimbulkan terhadap hukum tanah nasional. Penelitian ini menggunakan penelitian hukum normatif dengan menggunakan pendekatan konseptual dan perundang-undangan. Bahan hukum penelitian menggunakan bahan hukum primer, sekunder, dan tersier. Dari hasil penelitian, pengaturan bank tanah memuat tentang pembentukan Badan Bank Tanah, fungsi, tujuan, struktur kelembagaan Bank Tanah, kekayaan Badan Bank Tanah, hak atas tanah yang diberikan kepada Badan Bank Tanah, serta kedudukan dan sifat bank tanah. Keberadaan Bank Tanah dikhawatirkan akan menyimpang dari tujuan reforma agraria dan asas-asas hukum pertanahan nasional karena terdapat ketentuan yang sumir, tidak jelas, dan berpotensi mengandung konflik kepentingan dan penyalahgunaan wewenang. Perlu adanya perubahan terhadap sejumlah ketentuan yang berlaku secara komprehensif dan sistematis serta diperlukan sosialisasi terhadap keberadaan Bank Tanah sehingga solusi Bank Tanah dapat menyelesaikan masalah pertanahan.

THE METHODOLOGICAL STRUCTURE FOR LEGAL RESEARCH: A PERSPECTIVE FROM THE MALAYSIAN LAND LAW AND ISLAMIC LAW

A legal research shall be secured with the idea to facilitate a future change; either in the law itself or in the manner of its administration from the production of ‘pure’ academic knowledge which is concerned legal doctrines. Therefore, this paper purpose is to propose a methodological structure for legal research within perspective Malaysian Land Law and Islamic Law to establish a regulation or amendment in the existing foundation. This paper adopts method of content analysis to understanding on the underlying reasons through expert opinions on the legal issues. The finding of this research revealed that a legal methodological framework is easily simplified in form of system theory approach. This type of methodological structure is common amongst the legal researchers, lawyers and legal scholars who embrace Pure and Applied Legal Research. The methodological structure for legal research in form of system theory shall make a better regulation proposal in the perspective of Malaysian Land Law and Islamic Law. By adopt this methodological structure; researchers shall propose new regulation or amendments as legal researchers, lawyers and legal scholars.