In between rights and power: Women’s land rights and the gendered politics of land ownership, use, and management in Mexican ejidos

2022 ◽  
Vol 152 ◽  
pp. 105804
Author(s):  
Ana García-Morán ◽  
Julian S. Yates
Keyword(s):  
Land Rights ◽  
Land Ownership ◽  
Gendered Politics

Bina Agarwal. A Field of One's Own: Gender and Land Rights in South Asia. Cambridge, UKlNew Delhi: Cambridge University Press, 1994. 572pp.Hardbound.

1996 ◽  
Vol 35 (2) ◽  
pp. 191-196 ◽  
Author(s):  
Yasmeen Mohiuddin
Keyword(s):  
South Asia ◽  
Gender Gap ◽  
Political Power ◽  
Economic Status ◽  
Land Rights ◽  
Economic Factor ◽  
Land Ownership ◽  
Cambridge University ◽  
Social Prestige ◽  
Innovative Solutions

A Field of One's Own is a pioneering study on gender and property in South Asia. It argues that the gender gap in 'effective' ownership of property is the 'single most important' economic factor in explaining gender inequities in South Asia, where land ownership is not only a symbol of economic status but also of social prestige and political power. The author explores the complex, and often unrecognised, reasons for this gender gap and suggests some innovative solutions.

Urgensi Penguatan Hak Atas Tanah Druwe Desa di Bali

Tunas Agraria ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
I Putu Dody Sastrawan ◽  
I Gusti Nyoman Guntur ◽  
Dwi Wulan Titik Andari
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Land Rights ◽  
Land Ownership ◽  
Qualitative Research Methods ◽  
Legal Subject ◽  
Ethnographic Approach ◽  
The Status ◽  
The Right

Abstract: Druwe Desa land is a customary whose management is implemented and belongs to desa pakraman. Although it has been acknowledged juridically, but the existence of Druwe Desa land in Bali is experiencing a vacuum related to the legal subject. On that basis, desa pakraman is appointed as subject of rights with respect to its land through the Decree of the Minister of Agrarian Affairs and Spatial/Head of National Land Agency Number 276/Kep-19.2/X/2017. The purpose of this research is to: (1) Make map of distribution of Druwe Desa land; (2) Describe the importance of strengthening the right to Druwe Desa land; (3) Describe the procedures for strengthening the right to Druwe Desa land; (4) Describe the benefits of the strengthening of Druwe Desa land rights. To achieve these objectives, qualitative research methods with ethnographic approach are used to understand the efforts of the community in maintaining the existence of Druwe Desa land. The results of this study indicate the potential shifting of the status of Druwe Desa land ownership that can indirectly threaten its existence. For that reason, it is necessary to strengthen the right to Druwe Desa land so that there will be no problems that can reduce the existence of asset of desa pakraman. Steps that need to be taken is the process of certification to obtain legal certainty.Keywords:   Druwe Desa land, desa pakraman, Existence, Tri Hita Karana, Awig-Awig  Intisari: Tanah Druwe Desa merupakan tanah adat yang pengelolaannya dilaksanakan dan menjadi milik desa pakraman. Meskipun sudah diakui secara yuridis, namun keberadaan tanah Druwe Desa di Bali mengalami kekosongan terkait subjek hukumnya. Atas dasar itulah, desa pakraman ditunjuk sebagai subjek hak berkenaan dengan tanah miliknya melalui Keputusan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 276/Kep-19.2/X/2017. Tujuan penelitian ini adalah untuk: (1) Membuat peta sebaran tanah Druwe Desa; (2) Mendeskripsikan pentingnya penguatan hak atas tanah Druwe Desa; (3) Mendeskripsikan tata cara penguatan hak atas tanah Druwe Desa; (4) Mendeskripsikan manfaat hasil penguatan hak atas tanah Druwe Desa. Untuk mencapai tujuan tersebut, digunakan metode penelitian kualitatif dengan pendekatan etnografi guna memahami upaya masyarakat dalam menjaga eksistensi tanah Druwe Desa. Hasil dari penelitian ini menunjukkan adanya potensi pergeseran status kepemilikan tanah Druwe Desa yang secara tidak langsung dapat mengancam eksistensinya. Untuk itu perlu dilakukan penguatan hak atas tanah Druwe Desa agar tidak terjadi permasalahan yang dapat mengurangi keberadaan aset desa pakraman tersebut. Langkah yang perlu diambil adalah proses pensertipikatan untuk mendapatkan kepastian hukum.Kata Kunci:    Tanah Druwe Desa, desa pakraman, Eksistensi, Tri Hita Karana, Awig-Awig Pendah

Map-Making and State-Building

2020 ◽  
pp. 32-55
Author(s):  
Christine Leuenberger ◽  
Izhak Schnell
Keyword(s):  
20Th Century ◽  
Land Tenure ◽  
Weak Link ◽  
Land Rights ◽  
Land Ownership ◽  
State Building ◽  
Land Allocation ◽  
Natural Order ◽  
Land Registration ◽  
Land Tenure System

During the 20th century, surveying and mapping became vital tools for states; and colonizers used them to know and claim the land. The Mandate of Palestine’s Survey of Palestine surveyed parts of historic Palestine. Their modernist ethos to register the land converged with Zionist visionaries to make it their own. With the Hagannah looting the Survey of Palestine, the Israeli state-in-the making had access to cartographic material which helped them win the 1948 war and facilitated their statecraft. Post-1948, the Survey of Israel designed a new unified triangulation system, enabling the production of maps. The Israeli state also introduced a novel land tenure system. The seemingly imprecise land allocation practices common during the Ottoman Empire were pitted against a technocratic, modernist conception of land ownership, that, by virtue of its implementation, dispossessed many Arab landholders. However, enforcement of technocratic regulations depends on humans. Indeed, the process of land registration reveals how surveyors who would go to villages to ascertain land rights were the human and, at times, a weak link in doing so. Nevertheless, at the end of this process, 93% of land had become Israeli state land. The transformation in the land regime in Israel/Palestine thus attests to how new legal precepts in tandem with science and technology helped establish a modern, territorially defined state. While the Western scientific and legal paradigm enhanced the transfer of land, it also seemingly legitimized and depoliticized the new land regime, making it seem part of the natural order of things and an inevitable outcome of modernity.

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

2021 ◽  
Vol 23 (3) ◽  
pp. 330
Author(s):  
Nia Kurniati ◽  
Jordan Mordekhai
Keyword(s):  
Land Rights ◽  
Land Ownership ◽  
Legal Certainty ◽  
Registration System ◽  
Land Registration ◽  
Positive Tendency ◽  
Community Justice ◽  
Land Disputes ◽  
Welfare Society ◽  
The Government

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.

scholarly journals Criminal Law in The Land Sector

2020 ◽  
Vol 2 (3) ◽  
pp. 57-62
Author(s):  
Daimon Daimon
Keyword(s):  
Human Life ◽  
Land Rights ◽  
Land Ownership ◽  
Regional Government ◽  
Government Officials ◽  
False Information ◽  
Modus Operandi ◽  
Legal Literature ◽  
Land Disputes ◽  
The Status

One of the natural wealth or natural resources created by God Almighty that is needed for human life is land. Humans live on land and obtain food by utilizing land. Human life cannot be separated from the land. The emergence of a legal dispute is originated from the objection of the guideline of a land right both to the status of the land, its priorities and ownership in the hope of obtaining administrative settlement in accordance with applicable regulations. This study uses normative juridical research methods so that the sources used are sourced from literature and legal literature. the conclusion in this study is The modus operandi in the occurrence of land disputes usually involves a systematic network between financiers, land speculators, land certificate brokers, thugs, regional government officials, the police and of course BPN elements. Commonly used modus operandi: Use of falsified land rights; Counterfeiting Warkah; Provision of false information; Letter forgery; Fictitious buying and selling; Fraud or embezzlement; Lease; Suing land ownership; Mastering thug-style land.

scholarly journals KESADARAN HUKUM MASYARAKAT DALAM JUAL BELI TANAH DENGAN AKTA PPAT DI KECAMATAN TINANGGEA KABUPATEN KONAWE SELATAN SULAWESI TENGGARA

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 425
Author(s):  
Rifan Agrisal Ruslan ◽  
Umar Ma’ruf
Keyword(s):  
Data Collection ◽  
Government Regulation ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Land Ownership ◽  
Primary Data ◽  
The Public ◽  
Land Grab ◽  
The People

The purpose of writing in this study is the first, to know and analyze factors Some people in Tinanggea Sub-District South Konawe Regency of Southeast Sulawesi that has not yet had legal awareness in the act of buying and selling land ownership in the presence of PPAT. Second, To know and Analyze Efforts - Local Government efforts in awakening the community in District Tinanggea South Konawe Southeast Sulawesi against the sale and purchase of land ownership in the presence of PPAT. Third To know to be done in order to Maasyarakat in Tinanggea Sub-District of Konawe Selatan Regency in Sulawesi Teggara performs the sale and purchase of land ownership in the presence of PPAT.The approach method used in this research is empirical juridical. Juridically, this research is based on the rule of law of Basic Agrarian Law and Government Regulation Number 37 Year 1998 juncto Government Regulation Number 24 Year 2016. Empirically, this study aims to know about the rules related to the transfer of land rights with the fact that occurred that deviate from the rules that prevail in the District Tinanggea South Konawe Southeast Sulawesi. Specification of Research that is the object of research is the plot of land is the transfer of Rights to Land with the act of buying and selling of land ownership in the presence of PPAT conducted. Sources and Techniques Data collection is primary data obtained from interviews conducted by 30 respondents and secondary data obtained from the opinions of scholars and literature review. Then Theory in use is Position Theory, Authority Theory and Theory of Legal Certainty.From the results of research can be concluded that the legal consciousness of the people of Tinanggea Sub-District of South Konawe Regency of Southeast Sulawesi is related to the transfer of land rights due to the sale and purchase of land ownership in the presence of the First PPAT: Caused by lack of PPAT and PPATS in the community, which is set by the competent authorities, Caused by a very high kinship and Due to a very low legal community awareness. The second is the government's efforts in the form of socialization held by the local revenue agency related Value Object Tax (NJOP), Tinanggea sub-district office along with jejerannya Kelurahan and village appealed and made a place for reporting / consultation related to the transfer of rights of Sale and Purchase of Land, Cooperation undertaken by Tinanggea Subdistrict Sub-District and Village that make the Letter of Statement of Physical Land Mastery (SPPFT) that the letter is known by Kecamatan Kelurahan and Desa. The third is: The ideal concept of the author's research is the legal counseling to the public to grow knowledge to the public about the importance of legal awareness of the act of buying and selling land ownership in the presence of PPAT, Socialization of the sale and purchase of land ownership in the presence of PPAT. As a form of government service to the public in awakening the rights and obligations of the people in the eyes of the law and Data Collection and the making of Land Book is aimed to record and provide a legal protection for the community so that no land grab or land disputes.Keywords: Legal Awareness, Sale and Purchase, Tinanggea Sub-district.

scholarly journals Status Hak Atas Tanah Penduduk Desa dalam Kawasan Hutan Perum Perhutani

2019 ◽  
Vol 4 (1) ◽  
pp. 48
Author(s):  
Fatimiah Azzahra
Keyword(s):  
Data Collection ◽  
Agrarian Reform ◽  
Land Rights ◽  
Land Ownership ◽  
Colonial Era ◽  
Public Corporation ◽  
The Status ◽  
Long Time ◽  
Ownership Of Land ◽  
Ownership Rights

This article aims to discuss the conflict of tenure rights between Perhutani and the community and the status of land held by the community after the entry into force of Presidential Regulation No. 86 of 2018 concerning Agraria Reform. The study uses a sociological juridical method. The location of the study is in the forest area of   Perhutani Public Corporation, Malang Regency. Data collection techniques using observation, interviews, and documentation. The results of the study show that conflicts over ownership of land rights between Perhutani and the community have been going on for a long time. Physically the land has been controlled by the community since the Dutch colonial era and passed down from generation to generation. The granting of permission to manage the land and payment of land tax strengthened the community’s argument about land ownership. The land status which is the object of the dispute is based on Presidential Regulation No. 86 of 2018 concerning Agrarian Reform became the authority of Perhutani Public Corporation. Communities can get ownership rights or get land compensation if the Ministry of Forestry releases the land.

scholarly journals The Transfer of Ownership Rights of Bengkok Land Through Land Swap Agreements

2020 ◽  
Vol 7 (1) ◽  
pp. 9
Author(s):  
Haris Budiman ◽  
Bias Lintang Dialog ◽  
Mimin Mintarsih
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Land Ownership ◽  
Analytic Study ◽  
Written Form ◽  
Ownership Rights ◽  
State Regional

The process of transferring bengkok land ownership rights through land swap agreements is frequently done, but due to lack of understanding of the legislations, the transfer of land rights often experiences various problems. This study aims to find out the mechanism of transferring bengkok land ownership rights through land swap agreements based on the legislations as well as the process of certifying bengkok land into proprietary land. This descriptive-analytic study applied an empirical juridical approach. The results showed that the mechanism of transferring bengkok land ownership rights through land swap agreements in Kuningan District is regulated in Kuningan District Regulation No. 44 of 2017 concerning Management of Village Assets. Meanwhile, the process of certifying bengkok land into proprietary land is regulated in Article 17 of Government Regulation No. 27 of 2014 concerning Management of State/Regional Property. In conclusion, the process of transferring land ownership rights, especially state-owned land, shall to be done in a written form and is based on the applicable legislation.�Peralihan Hak Milik Tanah Bengkok Melalui Perjanjian Tukar Guling�Proses peralihan hak milik tanah bengkok melalui perjanjian tukar guling sering dilakukan namun karena ketidak pahaman terhadap peraturan perundang-undangan, peralihan hak milik atas tanah tersebut mengalami berbagai permasalahan. Tujuan penelitian adalah untuk mengetahui mekanisme peralihan tanah bengkok melalui perjanjian tukar guling menurut perundang-undangan dan proses pensertifikatan tanah bengkok menjadi tanah hak milik. Jenis penelitian deskriptif-analistis dengan pendekatan yuridis empiris. Hasil penelitian mengemukakan bahwa Mekanisme peralihan tanah bengkok melalui perjanjian tukar guling di Kabupaten Kuningan diatur dalam Peraturan Bupati Kuningan Nomor 44 Tahun 2017 tentang Pengelolaan Aset Desa dan Proses pensertifikatan tanah bengkok menjadi tanah hak milik diatur dalam Pasal 17 Peraturan Pemerintah Nomor 27 Tahun 2014 adalah pengalihan kepemilikan barang negara/daerah. Kesimpulannya Dalam proses perjanjian tukar menukar tanah terutama tanah milik negara perlunya dilakukan secara tertulis dan sesuai dengan peraturan perundangan yang berlaku.

scholarly journals PEMANFAATAN TANAH NON-SERTIFIKASI MENURUT HUKUM PERJANJIAN BARAT & ISLAM (Studi Kasus Rencana Pemanfaatan Tanah oleh PT. Solusi Bangun Indonesia dengan Pemerintah Desa Sawir, Kecamatan Tambakboyo, Kabupaten Tuban)

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Ario Patra Nugraha ◽  
Chamim Tohari
Keyword(s):  
Qualitative Research ◽  
Land Use ◽  
Land Rights ◽  
Land Ownership ◽  
Legal Research ◽  
The Status ◽  
Customary Rights ◽  
Village Government ◽  
The Village

This research discusses about the status of land rights whose ownership has been not clear yet, which is the object of cooperation in utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk, according to the laws and principles in force in Indonesia. The problems that will be answered in this study include: (1) What is the status of land rights that are used as objects of utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk? (2) How is the land use cooperation between Sawir Village Government and PT Solusi Bangun Indonesia Tbk according to Western and Islamic Covenant Law? This type of research is a qualitative research, while the approach used is an empirical juridical approach, namely legal research that functions to see the laws that apply in the community. The results of this research are: (1) According to the Sawir Village Government, the land belongs to the Village Government as evidenced by the existence of a field map in the village C book. Meanwhile, according to the Tuban Regency Government, the Tuban Regency National Land Agency, and PT Solusi Bangun Indonesia Tbk, the land ownership is not registered and cannot be claimed as an asset of Sawir Village. According to Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles article 19 paragraph 1, the land cannot be referred to as land belonging to Sawir Village until the certification is completed on behalf of the village. And to get the ownership certificate, the Sawir Village Government must register or submit an application for ownership of the land to the National Land Agency of Tuban Regency. (2) According to the Islamic Covenant Law, the status of the land does not meet the requirements as an object of the agreement. This is because the land has not been legally proven to be owned by the Sawir Village Government. Whereas one of the main requirements for the validity of an agreement is that the object of the agreement must be legally owned by one of the parties who entered into the agreement.Keywords: Utilization, Non-Certified Land, Covenant Law, Customary Rights

scholarly journals Pathways and Associations between Women’s Land Ownership and Child Food and Nutrition Security in Pakistan

2019 ◽  
Vol 16 (18) ◽  
pp. 3360
Author(s):  
Rehman ◽  
Ping ◽  
Razzaq
Keyword(s):  
Child Nutrition ◽  
Large Scale ◽  
Land Rights ◽  
Land Ownership ◽  
Women’S Autonomy ◽  
Nutritional Security ◽  
Women's Autonomy ◽  
Food And Nutrition Security ◽  
Nutrition Security ◽  
Food And Nutrition

Women’s land ownership plays a noteworthy role in improving various development indicators, including her own wellbeing and children’s food and nutrition security. However, the literature linking women’s access to land rights to the nutritional security of children in Pakistan is limited, even though it is a country facing enormous challenges of childhood malnutrition and gender discrimination. This paper contributes to the existing literature on the benefits of empowering women by studying the association and pathways between women’s land rights and child nutrition, using the 2012–2013 Pakistan Demographic and Health Survey. The ordinary least squares (OLS) regression results indicate that women’s individual land ownership and women’s autonomy in large-scale family purchases have a positive impact on children’s food and nutrition security (FNS). The results of quantile regression (QR) show that these effects are more pronounced in cases of children with severe stunted growth. In addition, a structural equation model shows that the positive relationship between women’s land ownership and child nutrition is partially mediated by women’s increased decision-making power in large-scale household purchases. Our research concludes that ensuring women’s land rights can improve women’s autonomy, which can be an effective policy tool that not only improves women’s welfare but also improves their children’s nutritional security.

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