Pewarisan Hak Atas Tanah dalam Perkawinan Antar Negara

The phenomenon of inter-state marriage in Indonesia has an influence on legal actions in it, especially the issue of children born and having dual citizenship after Law Number 12 of 2006 concerning Citizenship was passed by the Government. This study aims to measure the extent to which children born from these marriages get inheritance rights with underage positions. In addition, what is the legal status based on Law Number 1 of 1974 concerning Marriage and Law Number 5 of 1960 concerning Land regarding the position of land inheritance rights. This study uses an empirical normative method, which combines legal research methods that not only view law as a prescriptive (determining) and applied scientific discipline, but also descriptive (explaining) based on the reality of legal developments in society. The results of this study indicate that children born from inter-state marriages who have dual citizenship and are still minors are entitled to land inheritance rights in the form of property rights provided that the child must choose Indonesian citizenship at the age of 18 (eighteen) years based on the laws and regulations. valid invitation.Fenomena perkawinan antar negara di Indonesia memberi pengaruh dalam perbuatan hukum di dalamnya, terutama persoalan anak yang lahir dan memiliki kewarganegaraan ganda setelah Undang-undang Nomor 12 Tahun 2006 tentang Kewarganegaraan disahkan oleh Pemerintah. Penelitian ini bertujuan untuk mengukur sejauh mana anak yang dilahirkan dari perkawinan tersebut mendapat­kan hak waris dengan kedudukan masih di bawah umur. Selain itu bagaimana status hukumnya berdasarkan Undang-undang Nomor 1 Tahun 1974 tentang Perkawinan dan Undang-undang Nomor 5 Tahun 1960 tentang Pertanahan terhadap kedudukan hak waris tanah. Penelitian ini menggunakan metode normatif empiris, yaitu melakukan penggabungan metode penelitian hukum yang tidak hanya memandang hukum sebagai disiplin ilmu yang bersifat preskriftif (menentukan) dan terapan, namun sekaligus bersifat deskriptif (memaparkan) yang didasarkan pada kenyataan perkembangan hukum di masyarakat. Hasil penelitian ini memberikan petunjuk bahwa anak yang dilahir­kan dari perkawinan antar negara yang berkewarganegaraan ganda dan masih di bawah umur berhak atas hak waris tanah berupa hak milik dengan ketentuan anak tersebut harus memilih kewarganegaraan Indonesia pada saat usianya 18 (delapan belas) tahun berdasarkan peraturan perundang-undangan yang berlaku.

Some problems of land inheritance

The article discusses common issues and frequently encountered problems in land inheritance. The author investigates the Russian civil and land laws, analyzes a number of reasons causing disagreement among legal scientists and underlines the need to comply with land and hereditary law. In addition, the author pays an attention to the features of land as an object of civil legal relations, affecting the transfer of ownership or the right of lifetime inheritable possession.

Hannah’s prayer for a male child: Interpreting 1 Samuel 1:11 in the Nigerian context

Studies have shown that a preference for male children is prevalent in many parts of the world, including Africa. In Nigeria, with its patriarchal family structure, a preference for sons has become an institutionalised way of life. Hence, the Hannah narrative in 1 Samuel 1 is of high relevance in Nigeria. The story of Hannah’s barrenness has often been employed to encourage childless Christians to have faith in God for children, but not many have paid attention to her request specifically for a male child in verse 11. To this end, Hannah’s prayer for a male child is examined in this article against the context of the strong desire for male children in Nigeria. The article employed the historical-critical and descriptive methods. Apart from the exegesis of 1 Samuel 1:11, using the descriptive approach, the author interacted with and utilised relevant material on preference for male children in Nigeria. The research found that Hannah’s request for a son is consistent with the pattern of the narratives of barren mothers in the Old Testament in which all asked for male children. Hannah’s specific request for a male child is therefore a reflection of the preference for sons in ancient Israel, which derived principally from the fact that, in that society, male children were greatly desired for the purpose of the perpetuation of the husband’s lineage, as well as for land inheritance. Understanding Hannah’s prayer for a son in this way, makes 1 Samuel 1:11 relevant in Nigeria where people prefer male children for similar reasons. In view of the fact that the preference for sons has a fatal effect on female children, as well as their mothers, it amounts to women abuse, which makes it an issue of pastoral significance in Nigeria. 1 Samuel 1:11 is thus relevant in the context of marital conflicts among Nigerian Christian couples arising from male child preference. To this end, teaching to illuminate this preference for sons should form an integral part of the marriage theology of the church in Nigeria.Contribution: The article is a contribution in the field of marriage theology, in that it identifies the preference for male children as a possible factor for marital disharmony among Nigerian Christian couples.

Land, Inheritance and Firstborn Problematics

Introduction. In this article land as the first input factor in the classical production function is analyzed. In economic theory, land is linked to heritage and the firstborn problematics. The methods used are based on history of entrepreneurial research, philosophy, legal and theological aspects. Land represents both opportunities but also obstacles, especially in connection with the firstborn problematics. Purpose. The article deals with land, inheritance and the firstborn problematics, its historical basis and consequences for economic and social development. Results. Land is the first input factor in the production process, whose utility and purpose is to create financial profit. Land is covered by everything that is given by nature. The human organism and all that can be extracted from it is land; in processed condition a product or commodity. In an economic theoretical context, inheritance means receiving property from someone who has died, or to bequeath or make a deathbed will, and inter-vivos gifts made by donors in anticipation of their eventual demise. Inheritance by primogeniture not only secures the firstborn son a greater share of the wealth of the entrepreneur, but it also makes the firstborn son in charge of the clan, which is practically similar to being a king. Primogeniture is linked to factors in business and society that are characterized with static economy. Control, routine and stability represent the framework of static production. Schumpeter characterizes entrepreneurs according to will and act, which is the opposite and thereby the forces behind the young men who change to world to the better for all. Entrepreneurs are the creators of civilization. Conclusions. Land as an input factor in the production function represents an infinite wealth in the world. As a result of the increased degree of innovation, the world’s wealth is accelerating. Only wealth can be inherited, the ability to innovate cannot be inherited or transferred from father to son. Keywords. Land, inheritance; firstborn problematics; production function; primogeniture.

Women and land inheritance under legal pluralism in Lesotho.

Land inheritance is an important process through which women negotiate access to the resource. Legal pluralism renders land inheritance a complex process for those who rely on inheritance as a source of land. This chapter uses the case study of Lesotho to highlight how legal pluralism influences women's land inheritance in Lesotho. The research applied qualitative research approaches using both primary and secondary data to analyse the status of women's access to land in Lesotho. Primary data collection was undertaken in Maseru and Mafeteng using key informant interviews, focus group discussions and field visits. Key informants included women's organizations, government representatives, Habitat for Humanity staff and beneficiaries, private sector, paralegals, traditional leaders, community councils, widows and land right organizations. Focus group discussions focused on the community council and paralegals, and the Land Advocacy reference group. Secondary data was obtained from published and unpublished sources. The findings were validated through a national workshop with key stakeholders in Lesotho. This means that the study findings can be used as a basis for drawing insights on women's land inheritance experiences of statute, custom and practice in Lesotho.

Customary Law and Challenges to Governance in the Context of Land Inheritance Among the Women of Munda Tribe in Jharkhand

The changing socio-economic scenario has brought its negative repercussions on the tribal women. They are not only being denied land rights but are also being made the victims of violence by the males. They are mostly widows, single and separated women. This research article focuses on the Munda tribe in Jharkhand and attempts to study the customary practices of the land inheritance among the Munda women. It also delineates the legal and social impediments faced by Munda women when it comes to the issue of land inheritance.

Kedudukan Hak atas Tanah Waris Warga Negara Indonesia yang Berpindah Kewarganegaraan

A person’s citizenship status has an impact on obtaining guarantees of rights from the state. Indonesian citizens are granted the right to obtain ownership rights to land in Indonesia, but not to those who have changed their citizenship status. The case is different if a citizen acquires the rights of ownership over land due to inheritance. In this regard, this study addresses two questions: 1) how is the inheritance rights in Indonesia based on the Civil Code regulated? ) What is the position of inheritance rights of Indonesian a citizen who has changed his/her citizenship status? This study uses a normative legal research method with a statutory approach and a conceptual approach to achieve these goals. The results indicate that the regulation of inheritance rights in Indonesia is realized through the enactment of three types of inheritance law, namely Customary Inheritance Law, Islamic Inheritance Law and Civil Code Inheritance Law. In the Civil Code of Inheritance Law there are groups that distinguish between heirs and wills whose contents shall not conflict with legitieme portie (absolute part) and shall relate to its inheritance which is land. Then, there are other rules that need to be obeyed namely Indonesian Republic Law Number 5 of 1960 concerning Basic Regulations of Agrarian Principles. The status of ownership rights of land of an Indonesian citizen who has changed his/her citizenship status transfers to the state if the said citizen does not transfer the status of his/her land inheritance within one year from his transfer of citizenship.

Inter Vivos Gift as Land Inheritance Mechanism for FELDA Land Holding

This study aims to identify the key points of the FELDA land inheritance issues and their possible solutions. Land (Group Settlement Areas) Act 1960 was analyzed as it is the main act that regulates FELDA land management. This study discovered that Section 14 limits the land holding to not more than two holders while Section 15 prohibits subdividing or partitioning over FELDA land holding. An administrator is appointed to manage the land on behalf of other heirs and this practice poses risk as the administrator may fail to execute the trust. Hence, inter vivos gift is proposed to address this problem. It was also found that status of FELDA land holding is considered as ‘Conditional Holding’ since it limits the number of registered holders and authorisation to inherit the FELDA land to the second FELDA settlers generation This study concluded that inter vivos gift is legal and this is evidenced from the Section 215, National Land Code 1965 which demonstrates that FELDA land holding can be transferred to the second generation via ‘Form 14A’ at the land offices with the consent from the State Authority and FELDA management as specified in the Land (Group Settlement Areas) Act 1960.

The System of Land Ownership and Its Effect on Agricultural Production: The Case of Ghana

Most African continents have pressing issues on individual rights to property and natural resources, given the relatively poor economic conditions and the belief of personal ownership to a property right (Joireman, 2008). Ghana, like many African countries like Mozambique and Uganda, have laws to the right of property that is the traditional system of land rights. Most of the African countries depend on the large share of natural capital from the natural resources for the economic growth of the country. Some emerging economies can have sustained economic growth due to their reliance on natural resources such as oil and gas. This paper investigates property rights, land ownership, and land inheritance and their effect on agricultural production in Ghana. To undertake this research, a sample of 35 respondents were analysed using the SPSS software. The analysis was based on characteristics such as gender, age, and educational level of the respondents. The research results indicate that men inherit more than women, and family ownership is the most popular type of land inheritance in Ghana. Also, people with a lower level of education are likely to inherit the land and own land. Finally, the patrilineal system is the most popular system of inheritance in Ghana.