2 Faculty of Law, Musamus University,Merauke-Indonesia, firstname.lastname@example.org
ABSTRACT ARTICEL INFO
The certificate is used as a valid and strong proof if there is a problem in the future. Problems are not just about land disputes, but problems such as certificates that have been issued are damaged due to not being cared for properly, the paper is damaged due to obsolescence, then natural disasters occur that sweep away or burn the certificate, and disappear due to theft or self-negligence. For that reason, the people whose certificates have been lost, damaged and so on are obliged to come to the office of the National Land Agency (BPN) to be given a certificate to replace the lost and damaged landrights. This research was conducted using empirical juridical methods that see a statutory regulation as a benchmark and see the facts and phenomena that occur in the field, especially in Merauke. Data is obtained later and processed with primary, secondary and tertiary legal materials. From the results of the research conducted it can be said that the arrangement of the issuance of replacement certificates is clear and well structured. Starting from the highest regulation to the lowest regulation.
2. Making the Roya Concentration Deed as a substitute for the Mortgage Certificate in the process of deleting the mortgage right as required in appendix II of the Regulation of the Head of the National Land Agency of the Republic of Indonesia Number 1 of 2010 concerning Service Standards and Arrangement of Land on January 25, 2010, but the existence of the deed This roya concentration within the scope of the mortgage rights has not been explicitly regulated in UUJN, UUHT and other regulations, but the notary may be authorized to make this deed according to Article 15 paragraph (1) of the UUJN. The Roya Concentration Deed can be made by a Notary appointed by the debtor or creditor, not necessarily to the Notary who at that time made his credit deed. This is because if you continue to use a Notary who makes a deed of credit agreement as well as a Land Deed Making Officer (PPAT) who performs collateral binding, it is likely to be difficult even more so if the Notary has moved to another area or dies. The Land Office also does not prohibit making a Roya Concentration Deed at any Notary's office. Making a roya concentration deed is the will of the parties and not the wishes of the notary, this deed was made because it is related to land, namely for the process of deleting / roya mortgage rights and this deed is classified as a deed made before (ten overstaan) notary (party deed / partij deed) , where this deed contains statements of parties that are made to be used as evidence of statements / statements from the parties.
An assessment was also made to reveal rural women’s perception of land tenure security after land certification. The survey shows that about 96.8% respondents’ revealed that after the issuance of land certification, tenure security of rural women is changed. Have parcel registration and certification; women landrights were strengthen, enhanced women’s bargaining capacity within their households and communities, incidence of land related disputes and border encroachment also reduced, enabling rural women to transfer and inherits the landrights and land productivity also enhanced. The FGDs participants expressed that now days women are free from the bondage that was attached them to not move and exercise landrights as a citizen. Now they all have landcertificate, can participate in different discussion and heard their voice by men, the certificate also being guarantee them to borrow money from different institutions like Omo Micro Finance to perform different activities on their farm land. Even though the issuance of landcertificate brought the changes mentioned above, some of rural women couldn’t exercise equally these all rights with men and still the landrights problems are existed.
technical factors that are also underlying the birth, namely the attitude of agrarian agencies that are passive, waiting for the presence of community members (holders of landrights) who wish to register their landrights. In this way, the work becomes very slow. In addition, while the unscrupulous person who has a dishonest mentality, not helping the people (holders of landrights), but instead fooled him, which because of his behavior that arises a bad image of the agrarian institution. Secondly, the agrarian cycle at that time was less integrated, meaning that the tasks and functions of the situation with all its aspects were not running properly. Each function runs separately. 31
Land redistribution involves the state’s (a) acquisition of private agricultural lands, (b) proclamation of public lands as alienable and disposable, and (c) subdivision and award of nonprivate agricultural lands to identified beneficiaries. Private lands include lands owned by private individuals or corporations and lands titled to specific government agen- cies/corporations, including government-owned banks. The acquisition of private lands can be compulsory or voluntary, i.e., agricultural lands identified by the government for land reform will be subject to redistribution whether an owner submits the land for coverage or not. On the other hand, public lands are state lands and require proclamation as alienable and disposable (A&D) before they can be distrib- uted for private ownership. A&D lands which have not yet been titled to any entity but are managed by government agencies are held as nonprivate agricultural lands or govern- ment lands such as resettlements, landed estates and others. The land redistribution program has been implemented in phases. The first land reform law was enacted in 1963 but land redistribution on a national scale only began in 1972 with the passage of the Land Reform Act (Presidential De- cree 27) for rice and corn lands. In 1988, a comprehensive agrarian reform law (CARL) was enacted which expanded
Landrights whether formal or informal is the provision of land as to determine who has the right to enjoy the streams of benefits that accrues from its use (Bromley, 1991, Eggertsson, 1990). The important factor that determines the ability of land to translate into economic values is landrights (Olokoyo, Efobi, Osabuohien and Beecroft, 2015). To constitute an effective land right, such right needs be sanctioned by a collective order. According to Schlager and Ostrom (1992), property rights consist of two components that include the rule and its enforcement mechanism. State law, customary law, users group rules and other frameworks constitute the rules, while enforcement of statutory law usually is the responsibility of the state which the rights is grounded on formal laws. The variety of legitimate claims to land and the benefits and products on land are related to landrights (Olokoyo, et al, 2015). According to Prosterman (2013) secure landrights has been shown to improve production and household food security among rural farmers.
As stated at the outset of this article, since the dawn of mankind there have been pressures on the nomadic lifestyle. However, it seems that we have reached a point where nomadic peoples are on the verge of extinction as a result of increas- ing restrictions on their right to use their traditional itinerant territories. Nomadic peoples are directly affected by economic globalisation as more and more pressure is put on their territories as a result of mining and extraction of natural and mineral resources. Even though nomadic peoples remain at the margin of global capitalist development, they are directly affected by the inter- ests from states and multinational corporations in the natural wealth that can be found in their lands. As this article has pointed out, generally the legal answer to such threats remains extremely underdeveloped as nomadism is not addressed under international law. However, this article has also highlighted that we are witnessing a gradual, albeit slow, development towards a right for nomadic peo- ples to use their lands and territories in a nomadic way. The establishment of such a legal framework guaranteeing a right for nomadic peoples to perpetuate their nomadic lifestyle is a crucial step to ensuring that nomadic peoples can remain nomads. This article has explored the legal approach towards nomadism. A crucial development under international human rights law is the recognition that nomadic peoples’ identity is linked to traditions of mobility. Certainly the most valuable contribution of the human rights discourse is the recognition of the right for nomadic peoples to exercise their own traditional customary sys- tems of land tenure and usage. This article has highlighted the extent to which, under the banner of indigenous peoples’ rights, human rights law is promoting the right for nomadic peoples to have their traditional systems of laws recog- nised by states. This has to be seen as the best path for nomadic peoples’ future, as it marks a recognition that they do have the right to be different and that such a right entails their right to maintain their own perspective on the interaction between a people and a territory. After centuries of rejection of such rights under international law, the recent developments that have taken place under human rights law offer great promise. It is also worth highlighting that the recognition of nomadic peoples’ right to exercise their own traditions would make the whole human rights system more universal by affirming that all cultures are equal and should be treated equally. By recognising the traditions of nomadic peoples, human rights law reflects the idea that different cultural legal systems could co-exist in the same territory and that there should not be any antagonism between such culturally diverse approaches to land usage.
Since colonial times, Ghana’s land sector has suffered from splintered institutional functions and capacity and an underdeveloped land registration system. Until recently there has been a lack of cooperation – and even conflict – among government land agencies (although this has begun to improve since the reorganization of the Land Commission). Some of this conflict was born out of the varied land institutions’ fear of their changing roles as title registration replaced deed registration; agencies stopped sharing their records and stopped cooperating in the process. In 1986, the Land Title Registration Act was enacted, which determined title registration as the official system for registering property. The purpose of the law was to increase certainty and to ensure that dealings in land were “safe, simple and cheap.” Under the law, the state backed new titles and eliminated the need for deed records. However, the implementation of the 1986 act was very prolonged. Title registration was meant to parallel the process of deed registration until it fully substituted for it, but deed registration has not been phased out and the two processes have been poorly integrated.
1. The authority in issuing of licenses for mineral and coal, according to the Act No. 23 Year 2014 as amended by the Act No. 9 Year 2015 on Regional Government is on the central government and the provincial government because of the tendency of centralized government system. In concrete terms, this can be seen in the Discussion of the Draft Academic Paper which is now become the Act No. 23 Year 2014 on Regional Governments of which did not include a discussion about mining but in Session Minutes of the Special Committee to discuss the authority to issue mining permit. Thus, the authority setting for issuance of mineral and coal mining licenses in the era of the enactment of the Act No. 23 Year 2014 on Regional Government does not seem democratic.
The inadequacy of formal land institutions in much of Africa is demonstrated by not only the low amount of registered land but also its weak social legitimacy (see, e.g., Atwood, 1990, Sjaastad and Bromley, 1997; Platteau, 2000, ch. 4; Deininger, 2003; Toulmin, 2008; Deininger, Hilhorst, and Songwe, 2014). In some cases, landrights are simply ineffective. For example, even when their land is legally backed and formally registered, landholders who intend to sell or rent out land often have to consult their family or community for approval. In other cases, land records are unreliable. Because the records are not timely updated, the registration of land increasingly falls behind the actual distribution of land ownership. All this has produced a situation where traditional and modern authority systems, instead of complementing each other, overlap and compete. It has brought confusion and in- security regarding whose rights count and will be supported in case of a contest. To secure their land claims, people spend resources to mark their property, such as planting trees and digging irrigation furrows. In case of conflict, they act oppor- tunistically by seeking a favourable judgement through a variety of channels (so- called “institutional shopping”), such as community councils, customary chiefs, local governments, and land agencies (Toulmin, 2008). Not surprisingly, the insti- tutional uncertainty has strongly increased the number and duration of land con- flicts, often at the expense of vulnerable categories of local populations (Platteau, 2000, ch. 4; Deininger and Castagnini, 2006). Moreover, it has prevented the high levels of investment in land productivity needed to release the pressure on land and feed a growing population (for an overview, see Place, 2009, and Fenske, 2011; see also section 4).
collateral until the bankrupt firm has fully undergone liquidation or restructuring. This delay in creditors ability to recoup collateral results in uncertainty regarding the eventual value of claims and widens the misalignment in incentives between creditors and borrowers. Following significant lobbying activities by the banking and securitization industries, seven U.S. states adopted anti-recharacterization laws (Kettering, 2008). These adoptions took place between 1997 and 2005. The seven states that adopted the laws are: Alabama (2001), Delaware (2002), Louisiana (1997), Nevada (2005), South Dakota (2003), Texas (1997) and Virginia (2004). These new laws enhanced the ability of creditors to repossess collateral during bankruptcy within these seven jurisdictions. In particular, under anti-recharacterization laws, firms first transfer collateral into special purpose vehicles (SPVs). These SPVs are generally low risk and tend to remain solvent reducing uncertainty regarding the value of collateral- even when the firm in question is undergoing restructuring. Additionally, under these new laws, the courts can no longer re-characterize true sales as loans. Thus, anti-recharacterization laws protect creditors from automatic stay and allow creditors to swiftly seize collateral or pledgeable assets from SPVs if a firm files for bankruptcy. As such, the states’ staggered introduction of anti-recharacterization laws serves as a quasi-natural experiment since the laws improve access to external financing independent of firms’ growth opportunities, and facilitate the pledgeability of assets for firms incorporated in these seven states (Mann 2017 ,Chu 2018, Favara, Gao and Giannetti 2018, Li, Whited and Wu 2016). The passage of anti-recharacterization laws, therefore, provides a setting to not only investigate how firms respond to exogenous shocks in access to external financing but to also establish the causal effects of these responses. To this effect, I hypothesize and test the following conjectures:  Anti-recharacterization laws are associated with increase in debt capacity;  Anti-recharacterization laws are associated with increase in debt issuance;  Anti-recharacterization laws are associated with decline in equity issuance. Using a difference-in-differences methodology to estimate the causal impacts, I find strong evidence in support of these three conjectures.
In understanding the concept of land change, research can be conducted through two angles that is from the physical and non-physical context. According to Anisara & Rajendra (2007), land change is driven by the interactions in the biophysical dimensional space and human that will have an impact on the human physical and social dimensions. From the physical standpoint, Brandt et. al (1999) states that the land change is often described as a parameter indicator such as divisions or fragmentations, crop patterns and compositions of the original land. Verburg et. al (2004) states that the land change model is a component that supports a causal change in the land use in understanding the land use system functions that have been planned by the land development policy. At the same time, this model is used to explore the future effects of land use (Hersperger et. al, 2010). In a more profound context, the understanding of land change is not only limited to the physical context. In the non-physical context, the land change process that occurs in a community will lead to social changes, whether positive or vice versa (Kathyrn & J. Schirmer, 2012). Should the social change threatens their lives, it causes the land owners to react in various aspects either collectively or individually (Wu, 2008; Anisara & Rajendra, 2007). Therefore, in this study, the researchers examined the communities’ social reactions as an effect of the process of driving force-actors on the community customary land ownership.
The current section will sketch some general features of the commu- nal, or community-based way. I have a preference, perhaps a bias, for the grant of community-based title in situations in which local tenure arrangements are still resilient, while I am convinced that this nor- mally cannot be done without introducing some corrections and at least regulate officially the relation of this new jurisdiction with the na- tional legal order. 4 My preference stems from the fact that in the vast majority of community-based arrangements social security principles are embodied: a morality of mutual care as well as care for nature and future generations, briefly to be called an ethos of reciprocity. In my view before setting off for rural land law reform one has to study care- fully if these local arrangements are still present and, if so, how they function on the ground, including this moral element. Such empirical studies have a supplementary benefit. In modern times in which deple- tion of nature and rampant individualism are problems of the first or- der, it is important to try to learn some lessons from these community- based arrangements even if one knows that the specific communities involved perhaps are dying out or at least cannot be taken for granted, even less so in Western countries. To get a feeling for what this moral element could mean, how it may function, and why it is significant for sustainable land management all over the world, I need first to pre- sume familiarity with the main features of communal land tenure ar- rangements (see box 1 for some basics), explain the important phenom- enon of secondary rights and then elaborate on the moral element.
holders of rights to use of unbuilt construction land in state ownership which has been acquired for the construction, in accordance with laws in force before 2003, and which was not used for stipulated purposes; for the subjects which have acquired the right to long-term lease on unbuilt other construction land in state ownership; and for the business and other legal entities, holders of rights to use of built and unbuilt construction land, to which are applicable provisions of the regulations of the Republic of Serbia and bilateral international agreements, for which the restitution procedure ends. This compensation means the market value of the construction land at the moment of landrights conversion, reduced for the costs of obtaining the right to use on this construction land . Although provisions regarding the privatization of public construction land by conversion of the right to use into ownership caused numerous changes and amendments to the Law, as well as to the Constitutional Court Decisions, this issue is still controversial in the new Draft Law on Amendments to the Law on Planning and Construction (2014) (The Ministry of Construction, Transportation and Infrastructure of the Republic of Serbia, 2014a). It retains the same provisions for the privatization of construction land by conversion of the right to use into ownership without compensation , and provides for the privatization of construction land by conversion of the right to use into ownership with the compensation for: companies in restructuring; sport societies and citizens’ societies; persons who have acquired the construction land which was part of the property over which the holders of the right of use are companies and other legal entities to which were applied provisions of the law regulating privatization; and persons who have acquired the right to use the unbuilt construction land owned by the state for construction, in accordance with previous laws that regulated construction land until adoption of the Law on Planning and Construction (2003) or upon the decision of the competent authority, where the land was without function and was applied for conversion within the statutory deadline. The compensation represents the market value of the construction land at the time of the submission of the application .
between WLR and human capital investment, evidence regarding the connections between WLR and natural resource management, government services and institutions and improvements in livelihoods overall remains slightly more weak. According to The Women’s LandRights as a Pathway to Poverty Reduction: Framework and Literature Review, “many of the inconsistencies in WLR theoretical frameworks arise from a failure to account for the complexity of landrights regimes, the measurement of landrights at the household level and the lack of attention paid to gender roles. Moreover, many studies are limited by small sample sizes, the lack of credible counterfactuals, (e.g. gender-disaggregated data regarding land holdings) and few rigorous evaluations of reforms that strengthened women’s landrights” (Meinzen, Quisumbing & Thesis, 2017, p.1) While there appears to be agreement that securing WLR reduces gender inequality, the understandings remain limited due to shortcomings in both the quality and quantity of research on these questions. Thus, in working to close these gaps, further research designed to investigate perceived tenure security women experience, as well as the relationships between WLR and poverty reduction overall, is required.
1.1 Land Administration
The UN Land Administration Guidelines (1996) define land
administration (LA) as the processes of recording and disseminating information about the ownership, value and use of land and its associated resources. Dale and McLaughlin (1999) expand the LA definition so that it can also be understood as the management of land: ‘the processes of regulating land and property development and the use and conservation of the land, the gathering of revenues from the land through sales, leasing, and taxation, and the resolving of conflicts concerning the ownership and use of land’. These definitions show that LA is a process concerned with mainly three aspects within the overall context of land management. These aspects are the ownership, the value and the use of land. Ownership – in a broad sense – can be seen as equivalent to land tenure as the mode in which rights to land are held; value is about all kinds of values which land might have, depending on the purpose of the valuation, the use of the land and the method of valuation; and the use of land is about all the kinds of use that can be made of the land, depending on the purpose of the use and the type of classification and methodology used (Molen, 2002). As such, processes in LA include the determination (or adjudication) of rights and other attributes of the land, the survey and description of the land, their detailed documentation and the provision of relevant information in support of land markets (UN/ECE/WPLA, 1996). The goal of an LA process is to support the implementation of land policy using the aspects of land management (Molen, 2002). The implementation of land policy is a joint responsibility of private and public parties, but usually governments set an institutional framework that meets the principles of the ‘rule of law’, including a binding legal framework as a context for implementing the land management aspects of land tenure, land value and land use (Molen, 2002). The purposes of good LA are to improve or guarantee security of tenure, support the implementation of urban and rural land use planning, provide a base for land taxation, provide security for credit, guarantee the result of judicial procedures relating to landrights, reduce land disputes, develop and monitor land markets, protect state lands, facilitate land reform and produce statistical data as a basis for social and economic development (UN, 1998).
Table 1 shows that landrights for investment can be extended based on the evaluation results of the company. Act 5 of 1960 and Act 1 of 1967 provide an extension within a predetermined period of 25 years for Cultivation Right, and 20 years for Building Rights. Whereas for the provision of Usage Rights, the duration is not specified. The extension of Cultivation Rights and Building Rights according to Act 78 of 1958 are not determined by the time period, and Usage Rights cannot be extended or renewed. CR can only be given to large plantation companies that provide important socio-economic contributions to the welfare of the state and the people.
central locations are the most valuable for those business activities that demand shared service inputs and for which face-to-face communication is particularly productivity enhancing. Firms for which these factors are not as important locate further away from the center. 2 Most cities have a polycentric form, with the CBD as the largest center. In the last two decades, the empirical literature has taken the monocentric analysis of Muth (1969) and Mills (1972) and applied it to polycentric urban forms. This literature includes work identifying the presence and location of subcenters (Greene 1980, McDonald 1987, and Giuliano and Small 1991); analysis of the effects of subcenters on land values (Heikkila, et. al., 1989 and McMillen and McDonald, 1989); and estimates of the price, employment and population density gradients around subcenters (Sivitanidou 1996 and 1997, McMillen and McDonald 1997, and Small and Song 1996). With the notable exception of McMillen’s work (1996) on historic land prices in Chicago, most studies of suburban employment nodes take their distribution as given. This paper looks at a particular aspect of urban development, as we examine how the spatial pattern of development is affected by the institutional framework in which development occurs. 3 Even though we look at a short period of time, the volume of new development activity allows us to examine a dynamic process, rather than the static patterns of existing land use.