Things that need to be considered, developed and implemented by the government given mandate is to build mentally the policy-holder, a land manager to animate and realize the implementation of natural resource exploration with two foundations, namely the foundation of creed and second is the moral foundation. A Muslim who must believe that an environment is a place not because it exists by itself, but it is because Allah's creation is granted to humans to be managed and maintained in their environment. From the foundation of the aqid appear the rules of Syari’ah which must be obeyed by every human being in interacting with its environment. Therefore the researcher hopes that the value of Islam of customary land is included as the main essences spirit to neutralize laws and regulations related to land in Indonesia, to maximize the ownership of the land that gets protection and legal certainty and they have registered the land can master and feel safe from disturbance of others, the regulation of land transition procedure which is simple to understand easily by the community and low cost to help the weak economic group so as to raise public awareness of the importance of land ownership gets protection and legal certainty that can minimize the occurrence of dispute in the middle of society that sustain the necessities of life.
located far from the Merauke BPN. especially officers whose measurement is limited by human resources. This can take longer than expected.
The author also successfully interviewed the community who made a request for the issuance of a replacement certificate because it was damaged, namely Mr Kamiruddin with the location of the land in the Samkai area, Merauke District. In contrast to being lost, because it is damaged is not too complicated and takes not too long because in the conditions issued by the civilization it only takes a maximum of 19 days. However, what then becomes a problem as told by the petition is if the certificate is completely damaged so that it does not have the original certificate, while the requirements are clearly stated in the required certificate. 20
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.
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.
Identification of beneficiaries and coverage
The process of land redistribution starts with the identifica- tion of the lands and owners to be covered by land reform. It involves the conduct of a joint field survey by the Depar t- ment of Agrarian Reform (DAR), the Department of Environ- ment and Natural Resources (DENR) and the LandBank. 2 DAR also simultaneously draws up the lists of beneficiaries which consist of people working on the land and are physi- cally present in the area. However, this is a difficult task because there are no updated lists of farming households in barangays. Obtaining the names of seasonal and other farm workers is even more difficult since most often, these workers live in different sitios or municipalities. Information on the tenants, farm workers and tillers has been imper fect and has led to conflicts between the landowner and benefi- ciary (i.e., landowners consider some beneficiaries as squat- ters instead of tenant/worker) or among tenants.
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.
A clear and recognized rights to the land ownership in the context of formal legislation is important to the whole life of the Indigenous communities. Therefore, research on the community's perspectives on the need for recognized ownership is very important and became the major focus of this research. Several studies have been examined by the researcher in understanding the need of the communities on land recognition. Burke (2005) states that the three requirements including the guarantee of the land ownership rights being return, survival and perpetuation of the culture, and the current ownership system which refers to the history of early possession. While Norfolk & Liversage (2008) state that the delimitation and registration of land ownerships are important in ensuring the clarity for the landowners referral processes, improve security of land ownerships, and strengthen the role of local communities in the care and control over natural resources. BRIMAS (1999) also stated that the recognition of land ownership is important as a source of reference in the development process, conservation of natural resources and land use management, avoidance of conflicts of land ownership in the community, between the community and between the community and outsiders, preservation of the history, beliefs, cultures and customs and as an evidence for legal action in court. According to FAO (2002), the recognized land ownership is important to the indigenous community in the contexts of social, property, economic, cultural identity and increasing the level of involvement and empowerment of the community on land ownership. Overall, the need for the recognition of land ownership can be divided into four aspects including social, economic, political and legal, and ecological (Burke, 2005; Norfolk & Liversage, 2008; BRIMAS, 1999; FAO, 2002).
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.
new Lands Commission. The Lands Commission will also be responsible for stakeholder engagement and public outreach for the formulation of a new Land Act. Within the Lands Commission, The Land Registration Division has at least four functions according to the Lands Commission Act: it is responsible for registering land titles, deeds, and other interests in land; notifying the public of registration once an application has been received; and maintaining Ghana’s land registers. Before the Lands Commission was reorganized in 2008, registration was piecemeal and cumbersome. In some cases all four land agencies would be involved in a single registration. A lack of electronic systems made cadastral and register recordkeeping nearly impossible. While the consolidated land administration system seems to have streamlined registration, there have not been any rigorous studies to determine its effectiveness.
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.
The liberalization of Shanghai's urban land market occurred in a built-up environment that reflected both pre-revolution economic activities and China's communist planned industrialization policies. Prior to 1948 commercial activity was concentrated in the Huang Pu district, the former British Concession. Two main parallel retail corridors extended away from the Huang Pu River: Nanjing Road in the British Concession and Huihai Road (the Avenue Joffre) to the South in the French concession. Even at the beginning of the 1990’s, Huang Pu accounted for almost a quarter of all office building space in the city and the highest density of shopping space among the districts, with four times as much shopping space per resident as the average for the other nine urban districts. Nearly all of the principal commercial structures dating from Shanghai's tenure as China's business center remain in place, though the space is now occupied by the offices for government ministries and enterprises, and some light industrial concerns. 5 Under the planned economy, Shanghai’s commercial activities were neglected in favor of industrialization. Without much alternation of the existing stock, planners achieved a great increase in the industrial employment by converting commercial sites to light industrial use. The service sector share of GDP in the city declined from 44 percent in 1953 to 18.6 percent in 1978, as the industrial share increased from 42.6 percent to 77.4 percent. 6 As a result, by the beginning of the reform period industry accounted for 26.7 percent of land use in the ten urban districts. In comparison industrial land uses occupy 6 percent of land in Hong Kong and 9 percent in Seoul. Mixed land use between residential and manufacturing was the dominant form of land use prior to the reforms of the 1990's (Sit 1985). The legacy of this period is an
Despite the rising trend in the demand for properties in Kuala Lumpur during the 1990s, supply of land for property development indicates a slightly different scenario. Planning applications for land development have been encouraged by incentives provided by the government. For example, during the period 1990–1994, Kuala Lumpur City Hall encouraged quality land developments in Kuala Lumpur. However, at the same time, measures were imposed to control the supply of ofﬁce buildings, and high-rise ofﬁce developments in Kuala Lumpur had been frozen since 1990. In contrast, hotel and condominium developments were given incentives for the preparation of the ‘‘Visit Malaysia Year’’ of 1994. There were cases of developments obtaining tax exemptions and ﬂexibility in development control. A massive land acquisition of Kampong Baru indigenous land areas for redevelopment was proposed in early 1991 but this was cancelled in 1992 due to institutional constraints. In 1992, the policy on the restriction of ofﬁce development was reviewed. However, the restrictive policy was reintroduced in 1995 and 1996. In addition, more stringent controls and restrictions on land conversion and building heights have been imposed since 1996. These resulted in a moderate progress of planning applications and development activities from 1992 to 1998 (see Fig. 3).
119 5.6 Conclusions
This research endeavoured to answer two questions. First, should pastoralists’ seasonal landrights be secured as uses overlapping with other land uses? The method used to answer this question was a survey questionnaire among land professionals in Kenya. The second question was which land tenure options (within the land administration domain) are appropriate for supporting pastoralists’ seasonal landrights on: i) migration corridors; and ii) dry season grazing areas? The Pugh Decision Matrix was used to evaluate eight categories of tenure options that enable access to land. These tenure options are freehold, leasehold, easements, profit, negotiations, open access, customary rights and reserved land. The tenure options were tested against six criteria used in policy analysis: administrative feasibility, economical benefits, effectiveness, equity, technical possibility and legal acceptability. The criteria can be viewed as tools for measuring issues and considerations likely to affect an option’s implementation and its feasibility in achieving the intended goals. The results of the survey of Kenyan land professionals support the idea that pastoral landrights should reflect the areas of land they use and the periods of time they use them. The results of the decision matrix show that reserved land is considered to be the most appropriate tenure option, with limited rights on migration corridors and dry season grazing areas conferred on pastoralists. The results indicate a preference against pastoralists’ seasonal land use overlapping with other land uses in Northern Kenya. This may be attributed to the legal and administrative difficulties regarding their implementation, the fact that most non- pastoral land use actors have indefeasible rights of ownership, and also the varied land uses in the study area. The preference of the land
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.
Hoekema continues the search for weak and strong points in those present day land law regimes that try to follow a ‘third way’ and do not automatically go for private individual property and large-scale Western style registration. He scrutinises a number of such new land laws. Mozambique is a very advanced case in terms of unconditional grant- ing of communal landrights to local communities. Even without regis- tration the law provides communities with rather strong and extensive legal title to their land. They are free to regulate the use rights over the land as well as institutionally manage all the land, negotiate with inves- tors etc. In practice, still a lot goes wrong, promises are not delivered, but the basic legal set up is a major innovation. In Tanzania customary law is recognised, also even without the condition of registration, but in contrast to Mozambique a vast set of provisions regulates land ten- ure relations. In the relevant laws not much is mentioned about com- mons, rangeland, woodlands, swamps, and forests. Alden Wily explains in this volume about the adverse effects of state ownership and man- agement of forests and how this crooked system after fifteen years of fighting by local peoples, was replaced by a more successful set-up with people-controlled management rights over forests. Finally in Ethiopia the Federal government and some states chose to provide the small- holders – for the first time ever – with legally backed rights to use and often also to bequeath land to their relatives, and to confirm land man- agement authority in the hands of local government organs (the ke- belle). Typically the commons are left out of this new land law regime.
Most of the explanatory variables are statistically significant at 10% or less and have the expected signs except for a few surprise outcomes discussed below. Generally the results show that poverty hinders the adoption of SFM and conservation technologies. Poverty is negatively related to adoption of organic fertilizer, inorganic fertilizer, terracing and a combination of terracing and other SFM practices. The magnitudes of the estimated marginal effects of poverty indicate that, compared to other factors, poverty has a very strong influence on the adoption of these practices. Poverty is also found to positively influence the probability of non-adoption of any technology. The negative association between poverty and technology adoption suggests that poverty is a key constraint to adoption of land management technologies, which supports the findings of earlier, related studies (Li et al., 1998; Shiferaw & Holden, 1998, 1999). However, it could also be a reflection of poor targeting of technologies, since the national extension services in Uganda have been blamed for targeting the rich and neglecting the poor (Hassan & Poonyth, 2001). These findings suggest that government efforts to reduce poverty would improve adoption of conservation and SFM practices. More important is to target the needs of poor farmers when developing and disseminating SFM technologies.
(3) The Minister of Mines and Energy shall not, in granting a mining tenement relating to land to which another mining tenement (being a mining tenement granted in respect of the land after it became subject to the application of this Act) previously related, make provision under subsection (2)(b) for the protection of any sacred site within the land unless provision for the protection of that sacred site was made under that subsection in granting that earlier tenement.
GR 40 of 1996 which is the implementing regulation of Act 5 of 1960, does not change the limitation on the period of granting and extension, but adds to adding the term of landrights which has a limited validity period, through the renewal mechanism provided after the extension period. UUPA does not recognize the rules regarding renewal of landrights. Renewal of rights clearly contradicts the spirit of the Act 5 of 1960 which seeks to limit the time of land ownership for investment. This is consistent with the purpose of the enactment of the Act 5 of 1960, which "laid the foundations for the preparation of the national agrarian law, which would constitute a means to bring prosperity, happiness and justice for the State and the people, especially the farmer, in the framework of a just and prosperous society".