land disputes
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2022 ◽  
Vol 6 ◽  
Author(s):  
Ashok Brahma ◽  
Jhanin Mushahary

Inequitable land access and land disputes are commonly mentioned as major causes of instability in the Bodoland region. Land problems are frequently invoked as a more potent debating tactic in conflict. For tribals in the region, land reform, ownership, registry, legal pluralism, boundary difficulties, landlessness, insecure land usage, and other associated issues are all major concerns. Major land legislation has failed to significantly reduce the number of major land disputes in the region. The British Colonial rule in India created substantial disruptions to land practises and possessions, which are still felt today in various regions of the country and in Northeast India, notably Assam. It's clear that the land issue is still relevant and active.


2021 ◽  
Vol 2 (2) ◽  
pp. 109-124
Author(s):  
King Faisal Sulaiman ◽  
Iwan Satriawan

The location for the New Yogyakarta International Airport (NYIA) construction involved in land disputes during the land acquisition process. The land acquisition will always lead to disputes or conflicts with the affected people. It is even more complicated if, in the development process, the ruling elite intervenes, external forces outside the local community that are not directly related to the development. This article deals with the question of the government's public perceptions of the legal polemic of land dispute settlement based on Law No.2 of 2012, and concentrates to examine a new model of land dispute resolution from the perspective of affected communities against NYIA. This research is normative-empirical based on primary and secondary data, namely a literature study, field study, using purposive sampling with interviews, FGD, observation, and qualitative descriptive analysis. The result showed the failure of formal litigation and non-litigation approaches offered by Law No.2 of 2012 to resolve the disputes fairly. Village discussions based on local wisdom as a new model for equitable land dispute resolution needs a political review of Law No. 2 of 2012. The new paradigm of agrarian reform must be based on customary law and local wisdom values in the 1945 Constitution and the Agrarian Law. Given recent controversies concerning land disputes, a law on reform and structuring the national agrarian structure, Agrarian conflict resolution law, and law of natural resources management for the community are urgently needed.


2021 ◽  
pp. 097300522110659
Author(s):  
Innocent Chirisa ◽  
Verna Nel

This article explores conflicts, confrontations and conduits for sustainable development in rural environments. Fragility and degradation with a slight resilience manifest heavily in Gokwe South Rural District (GSRD), Zimbabwe. The article notes rural development as a double-edged sword, bringing tremendous opportunities for innovation but also causing increased ecological degradation. As such, it often results in conflicts and confrontations among stakeholders. Like many Zimbabwean rural settlements, GSRD is experiencing serious land disputes. conflicts arise from the proposed changes, like extension of infrastructure, perceived by some stakeholders as contrary to their interests and wishes. Using focus group discussions and thematic analysis, a trend of how conflicts and confrontations emerged was established in GSRD. The findings show that land transition from rural to urban status without consultations instigates conflict between different development agencies and communities.


2021 ◽  
Vol 3 (2) ◽  
pp. 203-221
Author(s):  
Inayatul Syarifah

The purpose of this study is to determine the basis for consideration of religious court judges and religious high judges in granting or rejecting applications for inheritance cases that have been granted. This type of research is library research (library research), descriptive research using qualitative methods. Whereas the power of attorney to compare M. Fadlil Hadi's power of attorney to Dr. M. Yaman, S.H., M.H. and Ramid, S.H. The date February 9 2018 is invalid. The limitation of presenting a grant as an illustration of a case regarding a lawsuit for inherited land disputes that has been granted in terms of the Maslahah Mursalahah, is to respect and fulfill a sense of justice for other war experts, even though the jurists do not. KHI is based on consideration of benefit (providing benefits) and avoiding harm.


Author(s):  
M. Syuib ◽  
Sarah Diana Aulia

In order to guarantee legal certainty for land rights holders, the Government is conducting land registration program throughout Indonesia territory. The program has put an obligation to the land rights holder to register their land. The purpose of land registration is, to provide evidence for the ownership of land. The implementation mechanism of the program in regulated in the Permen ATR/BPN Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL). The presence of the Permen is, in order to prevent land disputes in the community by accelerating land registration. Sub-district of Ingin Jaya, which is located in the Aceh Besar district, is one of the areas where PTSL activities are carried out. Currently, there is a large area of land in the Aceh Besar district has not been certified yet, it may cause legal uncertainty for land owner and such condition can potentially lead to land dispute. One of the indicators to claim this, are by taking land dispute cases as put on trial in the Jantho Court which has reached 32 cases from 2014 until 2019. This study aims to find out how the implementation of PTSL and its barrier in the Sub-District of Ingin Jaya, Aceh Besar. The research method is an empirical juridical research; it works by conducting observations, interviews, and documentation. The result found that the implementation of PTSL in the Sub-District of Ingin Jaya, Aceh Besar, is in accordance with Permen ATR/BPN No. 6 of 2018. However, in the ground, it is found that there are a number of obstacles which affect the successful of the PTSL program both internally and externally. Therefore, synergy and cooperation with all parties are needed so that the PTSL program in the Sub-District of Ingin Jaya can be implemented successfully in order to provide legal certainty for land rights holders, so that the land dispute can be prevented as early as possible.


2021 ◽  
Vol 4 ◽  
pp. 1-4
Author(s):  
Bruce Jones ◽  
Anthony Cavell ◽  
Michael Clarke ◽  
Robert Pratt

Abstract. Early Chinese elites were defined by their aristocratic control of land. That control came directly from the emperor and was documented on bronze ritual vessels, which were handed down from generation to generation. The land grant boundaries were defined using decorative symbols inscribed on bronze, and Western Zhou vessels containing these symbols were used to resolve land disputes. Methodical analysis comparing the inscriptions and symbols, combined with an understanding of early Chinese cartography and etymology, allows the bronze vessel land grants to be decoded.


Author(s):  
G. Krasutski

The right to use land is integral to ensuring its efficient use. The consistency, complexity and stability of legal regulation of the relevant public relations are designed to ensure the protection of the rights of land users. The article analyzes the scientific approaches, legislation and its practical applications on certain problematic issues of the implementation of the right to use land plots under common law. The author made proposals that can be used to improve legislation on the protection and use of land. Appropriate changes and additions will help to reduce the total number of land disputes, their prompt and reasonable resolution, as well as protect the rights of land users in the exercise of their rights to use land on common law, including from encroachments by other participants in this right.


2021 ◽  
Vol 2 (4) ◽  
pp. 178-182
Author(s):  
Fransiska Ralahallo ◽  
Aris Firmansyah

This study was written with the aim of knowing and describing how the Model Approach and Negotiation Strategy of Community Leaders in Resolving Land Dispute Conflicts in Marafenfen Village, Aru Islands, Maluku Province Community leaders are parties who have advantages over the general public and play an important role in making decisions. Land dispute conflicts that occurred in the village of Marafenfen are social conflicts that often occur considering the people who do not really understand the rights to the land they want to own. This article is an article that uses a qualitative descriptive method, namely research that seeks to describe or describe the object under study based on the facts in the field. then the data analysis technique used in this study is qualitative data analysis, The results of the research obtained by the author can be concluded that in resolving land disputes, community leaders use Competitive Approach Model but some community leaders do not understand the Negotiation processes so they still have not found an agreement.


2021 ◽  
Vol 25 (spe) ◽  
pp. 1-24
Author(s):  
Mary Thamari-odhiambo

There has been a growing interest in laws governing resources particularly land in reference to gender in Africa. Law reforms in relation to land have produced potentially useful regulations and espoused egalitarian land rights. However, the backdrop to these reforms contains a scene of land disputes, resistance to laws, violence against women and poor enforcement leading to injustices to women with a pervasive effect on families in vulnerable communities. Using focused ethnographic research methods, the writer investigated women's land rights between November 2015 and August 2016. In-depth interviews, focus group discussions, review of archival records and observations were utilised. The study found that in contexts of prolonged livelihood vulnerabilities, as in the case of the Luo people of south-western Kenya, women seeking refuge from livelihood difficulties employ two strategies to anchor their security. They migrate from marital homes to fishing villages and also lay claim to marital land, which is held by men according to customary laws. These strategies produce social dilemmas and risky manoeuvering. Statutory land laws that are enacted to mitigate land related conflicts undermine the existing customary land laws that advantage men. Therefore, women's land claims, and statutory land laws that espouse equality in land ownership, destabilise men's sense of masculinity. By drawing on the experiences of women, I show the intersection between land laws, enduring injustices and gender relations in a context of strained livelihoods.


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