Feminist Judgments: Rewritten Property Opinions

How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it.

No aggregate deforestation reductions from rollout of community land titles in Indonesia yet

In Indonesia, 60 million people live within 1 km of state forest. The government of Indonesia plans to grant community titles for 12.7 million hectares of land to communities living in and around forests. These titles allow for using nontimber forest products, practicing agroforestry, operating tourism businesses, and selective logging in designated production zones. Here, we estimate the early effects of the program’s rollout. We use data on the delineation and introduction date of community forest titles on 2.4 million hectares of land across the country. We find that, contrary to the objective of the program, community titles aimed at conservation did not decrease deforestation; if anything, they tended to increase forest loss. In contrast, community titles in zones aimed at timber production decreased deforestation, albeit from higher baseline forest loss rates.

The Payment of Inheritance Acquisition Duty of Right on Land and Building in Sleman

This research is aimed at revealing the collection practice of inheritance Acquisition Duty of Right on Land and Building (BPHTB) of Marital Properties in the form of land rights at Regional Finance and Assets Office (BKAD) Sleman and analyzing the practice based on the inheritance and land law. This research is empirical legal research. The data collected in this research are analyzed using a qualitative method and presented descriptively in order to obtain descriptive qualitative results. The result shows that there has been an overpayment of tax that should not be billed in the collection of BPHTB inheritance in the form of land as the marital property at BKAD Sleman since the living widow’s or widower’s right is counted. Land titles as joint assets, if registered only in the name of the heir without registering the spouse's name, the BKAD Sleman does not take into account the spouse’s right to the land titles. This calculation happens because a land certificate as the marital property is registered only under the name of a husband or a wife alone, and BKAD Sleman interprets this condition as that the owner of the certificate is the one whose name is registered on it.

Problematika Keabsahan Jual Beli Tanah di Bawah Tangan Tanah di Kawasan Transmigrasi

Legal action regarding the purchase of land, regulated in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration, stipulates that any land sale and purchase agreement must be proven by Land Titles Registration Officer (PPAT). However the communities in Harapan Jaya Village do not use the sale and purchase agreement made by Land Registration Officer (PPAT) for their land transactions, especially transmigration lands. The practice of land transactions is better known as land sale and purchase unformal. The purpose of this research is find out the causative factors of land transaction unformal, the validity of the purchase of the land and the registration of ownership rights after the land right transfer in the Land Office which not proven by Land Titles Registration Officer (PPAT). The results of research are Harapan Jaya Village prefer the land sale and purchase unformal because of the low cost and the easy process. Beside that the lack of knowledge about land transactions and the high level of mutual trust that occurs in the community. The sale and purchase of land unformal is legal according to custom law but does not fulfill the legal requirements of the agreement in Article 1320 of the Civil Code. For the registration of the transfer of land rights, The Head of the Land Office makes a discretion or policy addressing these problems by looking at the provisions in Article 37 paragraph (2) of Government Regulation Number 24 of 1997.Perbuatan hukum mengenai jual beli tanah, diatur dalam Pasal 37 ayat (1) Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah menentukan bahwa setiap perjanjian jual beli tanah harus dibuktikan dengan akta yang dibuat oleh Pejabat Pembuat Akta Tanah (PPAT). Masyarakat di Desa Harapan Jaya dalam transaksi jual beli hak atas tanah khususnya tanah transmigrasi tidak menggunakan akta jual beli yang dibuat oleh PPAT. Praktik jual beli tanah tersebut lebih dikenal dengan istilah jual beli tanah di bawah tangan. Tujuan penelitian mengetahui faktor penyebab terjadinya jual beli tanah di bawah tangan, bagaimana keabsahan jual beli tanah tersebut dan bagaimana pendaftaran peralihan hak milik atas tanah di Kantor Pertanahan yang dibuktikan dengan akta yang tidak dibuat oleh PPAT. Hasil penelitian jual beli hak atas tanah hak milik dibawah tangan di Desa Harapan Jaya dikarenakan biayanya tidak terlalu banyak dan prosesnya sangat mudah, selain itu minimnya pengetahuan tentang tata cara jual beli tanah serta masih tingginya rasa saling percaya yang terjadi di masyarakat. Jual beli tersebut sah menurut hukum adat namun tidak memenuhi syarat sah perjanjian dalam Pasal 1320 KUH Perdata. Dalam rangka pendaftaran peralihan hak atas tanah tersebut Kepala Kantor Pertanahan membuat sebuah diskresi atau kebijakan menyikapi permasalahan tersebut dengan melihat ketentuan dalam Pasal 37 ayat (2) Peraturan Pemerintah Nomor 24 Tahun 1997.

Towards poverty alleviation in developing countries: An empirical study of the impact of land tenure reforms in Kati, Mali

Post-colonial land tenure reforms in emerging countries have partly aimed at poverty reduction through equitable land access. However, the poverty rate keeps rising in rural and peri-urban settings in Sub-Saharan Africa dominated by agricultural activities. This article reviews land tenure reforms in Mali, from the year 2000 to 2017 regarding poverty alleviation and evaluates their impacts on indigenous smallholder farmers, using multiple linear and logistic regression models and local experts’ elicitations. The results indicate that the advent of land titles as the only definitive evidence of land ownership, following the reforms, has generally weakened customary land management. Smallholder farmers face several barriers to obtaining land titles, limiting equity in land access and security. This has paved way for land markets marred by irregularities and resulted in colossal loss of agricultural lands, which are the main source of rural livelihood. Thus, the reforms have not yielded the intended poverty reduction outcomes. The study recommends that land transfers must be authorised by a single institution, represented at the various administrative levels, which issues an authentic and incorruptible document using appropriate technology. Moreover, since pro-poor provisions in the reforms usually lack implementing decrees in Mali, political will is key to achieving equitable land access and security.

The Status of Criminal Law in the Order of Implementation of Duties and Authorities of Authorized Land Marker

The problem discussed in this study is the authority of the land deed maker in making authentic deeds and potential criminal offenses in carrying out the position of the official land deed maker, because it is very important for the officials of the land deed maker in assuming his position to provide services and information about agreements to make land certificates and for the public interest. This study aims to examine the position of criminal law in the order of carrying out the duties and authorities of the official land deed. This study was designed in juridical-empirical research. The result of this research is that the official land deed maker is inseparable from the responsibility of the deed he made and the implementation of the position of Land deed official has the potential to cause a criminal offense. Potential criminal offenses referred to are potential criminal offenses in the implementation of Land Titles Registrar positions in falsifying authentic deeds regulated and threatened with criminal offenses in Article 264 paragraph (1) jo. Article 263 of the Criminal Code. The falsification of the letter is punishable by imprisonment for a maximum of eight years, if it is carried out on authentic deeds in Article 264 paragraph (1) number 1 of the Criminal Code.

Towards Fairly Apportioning Sale Proceeds in a Collective Sale of Strata Property

Cake-cutting is a longstanding metaphor for ‘a wide range of real-world problems that involve’ the division of anything of value. Unsurprisingly, where owners of a strata scheme wish to end the strata scheme and collectively sell their development, one of the most contentious issues may be the apportionment of sale proceeds. In Singapore, this problem is compounded in mixed developments which have both commercial and residential elements as well as in developments with different sized units, often with disproportionate strata share values; even differing facings and the state of one’s unit may attract disenchantment when trying to apportion proceeds. This article critically analyses how New South Wales (‘NSW’) and Singapore allocate proceeds pursuant to a collective sale of strata property. In this respect, the Strata Schemes Development Act 2015 (NSW) and Strata Schemes Management Act 2015 (NSW) are significantly clearer than Singapore’s Land Titles (Strata) Act (Singapore, cap 158, rev ed 2009) as the latter does not prescribe any statutory formula for apportionment. In examining the jurisprudence and respective strata frameworks, this article proposes how proceeds in a collective sale could be more fairly apportioned.