Determinants of the Land Registration Information System Operational Success: Empirical Evidence from Ethiopia

Ethiopia has embarked on one of the largest digitalization programs for rural land registration in Africa. The program is called the national rural land administration information system (NRLAIS). Over the past couple of years, NRLAIS was rolled-out and made operational in over 180 woredas (districts). There is, however, limited empirical evidence on whether and to what extent NRLAIS has been successful. This study explores the factors that influence the acceptance and actual use of NRLAIS to gauge its operational success in Ethiopia. Data were collected both from primary and secondary sources using surveys, key informant interviews, and a literature review. Survey data were collected from 201 staff of 50 woreda land administration offices in three regional states (Amhara, Oromia, and SNNP) and analyzed using a structural equation model. The results revealed that system quality, information quality, service quality, and perceived usefulness of NRLAIS have positively and significantly influenced the acceptance and actual use of the system. However, perceived ease of use has an insignificant influence. The predictive relevance of the research model is significant and indicates substantial operational success of NRLAIS. The quick acceptance and use of NRLAIS will likely improve service delivery, promote data integration, and strengthen informed decision-making. The study recommends strengthening behavioral changes of the land administration experts through two enhanced service quality measures—technical and operational capacity to a robust and sustainable digitalization. Policymakers could leverage operational success to upgrade the NRLAIS into a unified national land registration information system that bridges the urban–rural land governance divide.

Implementasi PTSL Sebagai Upaya Pencegahan Konflik Pertanahan Di Kecamatan Ingin Jaya Kabupaten Aceh Besar

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.

Penyelesaian Sengketa Pelepasan Hak Atas Tanah Oleh Pemerintah Dalam Proses Pendaftaran Tanah

Article 41 paragraph (2) of Law No. 2 of 2012 on Land Procurement for Development in the Public Interest states that, when granting Compensation of Parties Entitled to receive Mandatory Compensation, a. exercising the release of rights; and b. submit evidence of ownership or ownership of Land Procurement Objects to Agencies that require land through land institutions. In the court's ruling stated that the boundaries of the land should be mentioned and how much extent was waived and the rest how much, and the procedure of disengagement of the right there was preparation, planning, implementation and release, and the release of the land rights was always followed by compensation, because this is an unlawful act. The results of this study show that, the release of land rights by the government in the land registration process in the court's ruling states that if 6 (six) landowners relinquish the right, it must be 6 (six) people who relinquish their rights if only 2 (two) are invalid, then a new land is said to be state land after the release of his rights. Any release of land rights must have a reason there can't be no reason land is being released to the state. The procedure for the release of that right is there is preparation, planning, implementation and release, and the release of the land rights is always followed by compensation.

Kepastian Hukum Hak Atas Tanah: Pelajaran dari Kekalahan Perkara Pertanahan di Pengadilan

ABSTRAKUpaya mengurangi adanya kekalahan perkara pertanahan dalam pengadilan dilakukan dalam rangka peningkatan kepastian hukum hak atas tanah. Tujuan dalam tulisan ini adalah menjawab rumusan masalah dengan pendekatan kualitatif mengenai 1) apa penyebab terjadinya kekalahan perkara pertanahan dalam persidangan, dan 2) bagaimana upaya yang dapat dilakukan untuk mencegah terjadinya kekalahan perkara pertanahan. Penyebab perkara pertanahan yang mengalami kekalahan di pengadilan dapat dibedakan menjadi 8 (delapan) pokok penyebab perkara, yakni 1) tumpang tindih kepemilikan sertipikat, 2) adanya putusan pengadilan perdata, 3) terdapat cacat prosedur, 4) ketidaksesuaian data yuridis, 5) putusan fiktif negatif dan positif, 6) sengketa waris, 7) keterkaitan dengan tata ruang, dan 8) adanya putusan pengadilan pidana. Upaya untuk mencegah terjadinya kekalahan perkara pertanahan dalam rangka peningkatan kepastian dan hukum hak atas tanah adalah 1) peningkatan peraturan tentang rechtsverwerking pendaftaran tanah menjadi undang-undang, 2) optimalisasi partisipasi masyarakat untuk validasi data pertanahan melalui berbagai sarana atau platform, 3) penambahan ketentuan tentang iktikad baik dalam menguasai tanah dengan sanksi yang lebih terukur untuk tanah hak yang ditelantarkan, 4) peningkatan quality control hasil pengukuran dan pemetaan yang dilakukan oleh pihak swasta, 5) pembaharuan SOP (standar operasional prosedur) pendaftaran tanah, 6) penguatan portofolio panitia pemeriksa tanah sebagai bagian dari proses pendaftaran tanah, 7) penerapan prinsip fiktif positif untuk mengatasi “status quo” perkara pendaftaran tanah, 8) peningkatan sinergi pengelolaan ruang di atas penguasaan tanah, dan 9) penerbitan alas hak atas tanah dengan adanya sidik jari atau dengan identitas unik lainnya. Kata kunci : perkara pertanahan, sertipikat hak atas tanah, kepastian hukum ABSTRACTThe efforts to reduce land cases defeat in court are carried out in the context of increasing legal certainty of land rights. The purpose of this paper is to answer the problem formulation with a qualitative approach regarding 1) what are the causes of the defeat of land dispute in the court, and 2) what efforts can be made to prevent the defeat of land disputes. The causes of land cases defeat in the court can be divided into 8 (eight) main causes, namely 1) overlapping certificate ownership, 2) civil decisions, 3) procedural defects, 4) juridical data incompatibility, 5) negative and positive fictitious decisions, 6) inheritance disputes, 7) spatial planning context, and 8) criminal decisions. The efforts to prevent the defeats of land cases in the context of increasing certainty and legal land rights are 1) increasing regulations regarding rechtsverwerking of land registration into law; 2) optimizing community participation for land data validation through various means or platforms; 3) adding conditions about good intention ofcontrolling land along with more measurable sanctions for abandoned land; 4) improving the quality control of the measurement and mapping results carried out by the private sector; 5) renewing of SOP (Standard Operational Procedure) for land registration; 6) strengthening the portfolio of the Land Examiner Committee as a part of the land registration process; 7) applying the positive fictitious principles to overcome the “status quo” of land registration cases; 8) increasing the synergy of spatial management over land tenure; and 9) issuing the land rights with fingerprints or other unique identities.Keywords : land dispute, certificates of land rights, legal certainty

BUSINESS CLIMATE OF THE REGION AS A FACTOR OF ENSURING SUSTAINABLE ECONOMIC GROWTH

Despite a number of reforms, Ukraine has not created the necessary environment to stimulate entrepreneurial activity, active investment inflows and economic growth in the regions. The article analyzes the assessment of the business environment of Ukraine according to different world ratings and comparative assessment of the business environment of Ukraine and other countries. Risks for the development of the business environment in Ukraine have been identified. An assessment of the interdependence between the quality of the business environment in the regions of Ukraine and the growth rate of GRP. The analysis of regional features of the quality of the business environment in Ukraine shows positive changes in all regions in terms of ease of business registration, land registration, connection to the grid and difficulties with paying local taxes and the development of electronic services. However, the achieved results have not yet been converted into a stable dynamics of economic growth and increasing the level of Ukraine's competitiveness in the world economy. Among the main problems of business environment development are low level of protection of intellectual property and property of business entities, inefficiency of the judicial system in Ukraine, low level of financial and investment freedom of business, unavailability of credit resources for starting and conducting business. Interregional comparisons of the business environment and economic growth of Ukraine's regions prove that the leading regions in terms of economic growth are characterized by a relatively higher quality of business climate, moreover, in recent years they have increased their position in the regional ranking of ease of doing business. At the same time, the largest group of regions in Ukraine, which still manages to maintain a positive pace of economic development, are outsiders in terms of both the quality of the business climate and the loss of ranking positions. The most difficult situation with the business environment has developed in such industrial regions as Zaporizhia, Poltava, Kharkiv regions. That is, the regions, which have always focused on large enterprises in the industrial sector, have not yet been able to refocus on supporting entrepreneurship and stimulating entrepreneurial activity.

Web-Based Land Registration Management System: Iraq/Duhok Case Study

In this era, technology is playing a central role in many areas of human life, but the classical hardcopy-based approaches are still being used for land registration. The Internet-based methods provide excellent facilities for overcoming the drawbacks of handwritten-based style and communication among different government sectors. Nowadays, Information and Communication Technology (ICT) is used to build professional electronic systems as big steps towards the electronic government (E-government) system. One of the most critical sections of the E-government is the E-Land-Registration (ELR). Duhok Land Directorate, together with its sub-directorates, works on a considerable amount of data to process. These directorates suffer from the classical hardcopy-based approaches, so building an ELR system will reduce time consumption and paper waste. The improvement of the land registration system will also allow integration with the E-government system. The progress of the land registration will enable communication between the land registration staff on one side and the administration and financial directorates on the other. In this thesis, an efficient ELR system for Duhok land registration is proposed. The services of the database management system cover Employee Registration Module, Estates Registration Module, Operation Type Module, Estate Owners Module, Estate Status Module, View Information Module, and Login Employee Module. HTML, CSS, PHP, MySQL, JavaScript, jQuery, Ajax, and Bootstrap tools were used for the design and implementation stages of the proposed ELR.

Implementasi Hak Servituut pada Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Kabupaten Bekasi

The Ministry of ATR/BPN organizes land registration innovations based on the national strategic program, namely PTSL. The implementation of PTSL aims at accelerating land registration in a fair and equitable manner, including anticipating disputes in the field of utilization and spatial planning. One important issue is the dispute over road access. The Land Office of Bekasi Regency applies a policy of implementing servituut rights in land registration activities as an anticipation of disputes related to road access. This research was conducted to understand the implementation of servituut rights as the actualization of the social function of land in the PTSL program at the Bekasi Regency Land Office. This study uses empirical legal research methods. The results of the research show that the implementation of the servituut rights policy is motivated by the dualism of road status, the existence of regional development and land acquisition, and the relatively high land value. The implementation of the policy has undergone a change in meaning, from restrictions on land use to the obligation to surrender some land rights. For PTSL participants who agree to give up part of their rights for roads, the administration of the transfer of rights is carried out in a Declaration Letter on Land Boundaries and Land Areas. For those who disagree, the plot of land is included in the K3 category and a land register is made.

STRENGTHENING LAND REGISTRATION SYSTEM THROUGH IMPLEMENTATION OF DOMAIN APPROACH IN MANIFESTING LEGAL CERTAINTY AND COMMUNITY JUSTICE

As an implementation of welfare society, the government issued Law Number 5 of 1960 Article 19 paragraph (2) c, which provide the legal certainty of land rights for all Indonesians carried out through land registration. The land registration system adopted by Indonesia is negative land cadastre with positive tendency. The implementation of land registration provide the basis of state duty to produce land registration evidence, namely certificate, which is valid as a strong proof of rights. This certificate guarantees the correctness of physical data besides juridical data as long as it is not proven otherwise. Method: This legal research used Normative juridical method, with qualitative juridical data analysis. Results of the study: Negative land cadastre with positive tendency adopted by Indonesia currently does not guarantee legal certainty of land ownership and the community justice itself. This is indicated by the fact that there is still a phenomenon of land disputes, among the result of the issuance of overlapping. By using a legal cadastre-based domain approach, through an approach of extracting historical values of land and integrating the process of dialogue within the issuing of certificate; obtaining legal certainty and the community justice can be achieved. Conclusion: Negative land cadastre with positive tendency is still unable to manifest legal certainty of land ownership and community justice so it is appropriate that an adage states “the highest legal certainty, is the highest injustice”. Strengthening land registration system through the domain approach is an alternative option to manifest legal certainty and community justice.

User and Systems Requirement Framework for Electronic Land Registration Systems Decentralisation in Ghana

Although land registration systems are constantly changing based on entrenched institutional frameworks, they cannot fulfill their technical objectives. Technical designs based on loopholes in the existing land registration system are the common steps in advanced countries. However, the missing link between the implementation of technical designs and their uses and users, affect the prospects of land registration decentralisation in developing countries. User and System requirements are used to integrate and enhance land registration services delivery across land information systems. This study assesses and develops framework for decentralised electronic land registration systems in Ghana. Semi-structured interviews were used to collect user and system requirement data from clients and technical staff of the Lands Commission in Accra. The framework pointed out five main policy outline strategies. These include land registration process modeling (process reduction and turnaround time monitoring), technical function (file tracking), the effect of changes in the registration loupe and absorption of land registration report, land registration workflow improvement, and the use of aerial images. The study recommends a systemic monitoring and evaluation of staff job roles.