Land conflict resolution: Case study in Sarirejo Village

This study aims to describe the factors that cause land conflicts between the community and the Air Force in the Indonesian Air Force in Suwondo and the strategies that the community uses in demanding their land rights. The author chose a qualitative approach with the ethnographic method to understand more deeply what is behind an event that took the process, causes and conflict resolution. The results showed that the factor causing the conflict was the claim of each party to the land. Conflict resolution efforts are carried out by the community to obtain land rights through non-litigation advocacy processes and litigation advocacy. The results of these two strategies were able to encourage the government to restore community rights to their land even though it had to go through a long struggle. In July 2020 the government issued a policy to move the Sowondo Base to Langkat Regency.

The Land Is Ours: Bottom-Up Strategies to Secure Rural Women's Access, Control and Rights to Land in Kenya, Mozambique, Senegal and Malawi

Despite their key role in agriculture, in many African regions, women do not have equal access to or control and ownership over land and natural resources as men. As a consequence, international organizations, national governments and non-governmental organizations have joined forces to develop progressive policies and legal frameworks to secure equal land rights for women and men at individual and collective levels in customary tenure systems. However, women and men at the local level may not be aware of women's rights to land, and social and cultural relations may prevent women from claiming their rights. In this context, there are many initiatives and programs that aim to empower women in securing their rights. But still very little is known about the existing strategies and practices women employ to secure their equal rights and control over land and other natural resources. In particular, the lived experiences of women themselves are somewhat overlooked in current debates about women's land rights. Therefore, the foundation of this paper lies in research and action at the local level. It builds on empirical material collected with community members, through a women's land rights action research program in Kenya, Senegal, Malawi, and Mozambique. This paper takes the local level as its starting point of analysis to explore how the activities of women (as well as men and other community members) and grassroots organizations can contribute to increased knowledge and concrete actions to secure women's land rights in customary tenure systems in sub-Saharan Africa. It shows three important categories of activities in the vernacularization process of women's land rights: (1) translating women's land rights from and to local contexts, (2) realizing women's land rights on the ground, and (3) keeping track of progress of securing women's land rights. With concrete activities in these three domains, we show that, in collaboration with grassroots organizations (ranging from grassroots movements to civil society organizations and their international partner organizations), rural women have managed to strengthen their case, to advocate for their own priorities and preferences during land-use planning, and demand accountability in resource sharing. In addition, we show the mediating role of grassroots organizations in the action arena of women's secure rights to land and other natural resources.

Creating the Conditions for Climate Resilience: A Community-Based Approach in Canumay East, Philippines

People who reside in informal settlements in the Global South are most vulnerable to extreme weather events and their consequences, such as flooding, landslides, and fires. Those located in coastal areas face severe challenges from seasonal and typhoon-induced flooding. Research shows that uncertain land rights exacerbate community vulnerability because residents are under constant threat of eviction by private sector actors or the state. Individual and community upgrading is rarely possible in such a situation. This article focuses on the efforts to secure tenure and upgrade their community by the residents of Sitio Libis, located in Canumay East, City of Valenzuela, Philippines. The study demonstrates that while community-based approaches require skills and capacities of community members, enabling conditions created by government and/or NGOs are required for transformational outcomes. While the people of Sitio Libis did not conceptualize their efforts in terms of climate change adaptation, their success suggests the possibility for smart partnerships among state-civil society/private sector actors to emerge in support of small-scale climate action.

Corruption could derail Mauritanian president's agenda

Significance Despite significant progress on reform, serious grievances persist among sections of the population. Meanwhile, an ongoing corruption case against former President Mohamed Ould Abdelaziz presents challenges for the incumbent. Impacts Abdelaziz will remain in pre-trial detention after his lawyers failed in a fourth bid to secure his provisional release. Foreign coverage of Mauritania focuses on the Abdelaziz case, but domestically, social and economic justice matters at least as much. Addressing long-standing concerns, such as land rights and the legacy of past repression in the south, will require deep structural reform.

Reforma Agraria sebagai Jalan menuju Perdamaian yang Berkelanjutan di Aceh

The signing of the Helsinki Memorandum of Understanding (MoU) in 2005 marked the end of the Indonesian government's decades-long conflict with the Free Aceh Movement. One of the deals in the Helsinki MoU is to provide farming land to former combatants, amnestied political prisoners, and conflict victims as a form of reintegration and livelihood restoration. However, this activity did not run effectively for a dozen years after the peace deal due to the absence of regulations and authorities in its implementation. Based on this background, this paper examines the role of Agrarian Reform on the policy of agricultural land provision to the people related to the Aceh conflict. This research used a qualitative approach, and relied on observational data and literature review. Agrarian Reform can be an alternative strategy for post-conflict peacebuilding. The concept of asset reform and access reform offered in the Agrarian Reform can be adopted to realize the allocation of agricultural land by the mandate of the Helsinki MoU. The main problems found so far are that there is no regulation regarding the granting of land rights in the law, authority, and several obstacles in its implementation. This paper also provides a crucial lesson that proper agrarian policy contributes to the prevention of recurring conflicts that have the potential to cause national disintegration. Keywords: Agrarian Reform, Free Aceh Movement, Helsinki MoU, Land Redistribution, Peacebuilding Intisari : Penandatanganan Momerandum of Understanding (MoU) Helsinki pada tahun 2005 menandai berakhirnya konflik pemerintah Indonesia dengan Gerakan Aceh Merdeka selama beberapa dekade. Salah satu kesepakatan di dalam MoU Helsinki adalah menyediakan tanah pertanian kepada mantan kombatan, tahanan politik yang memperoleh amnesti, dan korban konflik sebagai bentuk reintegrasi dan pemulihan penghidupan. Namun, kegiatan ini tidak berjalan secara efektif selama belasan tahun setelah perjanjian damai karena belum adanya regulasi dan kewenangan dalam pelaksanaannya. Berdasarkan latar belakang tersebut, tulisan ini mengkaji peran Reforma Agraria terhadap kebijakan penyediaan tanah pertanian untuk masyarakat yang berkaitan dengan konflik Aceh. Penelitian ini menggunakan pendekatan kualitatif, serta mengandalkan data observasi dan tinjauan literatur. Reforma Agraria dapat menjadi strategi alternatif pembangunan perdamaian pasca-konflik. Konsep penataan aset dan penataan akses yang ditawarkan di dalam Reforma Agraria dapat diadopsi untuk merealisasikan alokasi tanah pertanian sesuai amanah MoU Helsinki. Permasalahan-permasalahan utama yang ditemukan selama ini adalah belum adanya pengaturan mengenai pemberian hak atas tanah tersebut di dalam peraturan perundang-undangan, kewenangan, dan sejumlah hambatan dalam pelaksanaannya. Tulisan ini juga memberikan pelajaran penting bahwa kebijakan agraria yang tepat dapat berkontribusi terhadap pencegahan konflik berulang yang dapat berpotensi menyebabkan disintegrasi bangsa. Kata Kunci: Gerakan Aceh Merdeka, MoU Helsinki, Pembangunan Perdamaian, Redistribusi Tanah, Reforma Agraria

RIGHT OF MALE HEIRS TO THE ORIGINAL FAMILY RELATED TO NYEBURIN’S MARRIAGE TO LAND RIGHTS IN PERSPECTIVE BALINESE LAW OF CUSTOMS

The marriage of nyeburin changes the position of women into purusa and men into pradana. Then in terms of inheritance, the priority in the nyeburin marriage is the woman, but the status of the man who becomes pradana is questioned when nyeburin marriage ends and the status of the man is returned to his family of origin. This study aims to analyze the inheritance rights of men who do nyeburin’s marriage on inherited land in their origin family and to analyze the implications of inheritance rights of men who do nyeburin’s marriage in right and obligations of origin family. The research method used is normative legal research. In addition, the data collection technique used is the library study technique. The results of this study revealed that (1) a man who does a nyeburin marriage will lose his right to inherit in his family of origin because of a change in his status to pradana in his wife's family. A man who does a nyeburin marriage will be considered to have left kedaton so that he has the same position as a woman who marries out. (2) Burden marriage has implications for the position of the husband so that here the husband follows the wife. The rights and obligations as husband and wife are still the same as in a normal marriage, only in a marriage where the wife's position is higher than that of the husband.

THE ROLE OF LAND DEED OFFICIALS (PPAT) IN THE IMPOSITION OF ACQUISITION DUTY OF RIGHT ON LAND AND BUILDING IN THE EXCHANGE PROCESS OF LAND AND BUILDING IN DENPASAR CITY

In the process of exchanging land rights, the facts show that the use of market value as the basis for calculating the acquisition duty of right on land and building often creates problems in the field. This study aims to examine the basis for imposing acquisition duty of right on land and building in the process of exchanging land and buildings in Denpasar city and to examine the role of land deed officials and the obstacles faced in the imposition of acquisition duty of right on land and building in the process of exchanging land and buildings in Denpasar city. The method used in this study is an empirical juridical research method. The results of this study showed that (1) the imposition of acquisition duty of right on land and building in the exchange process in Denpasar City is applied with the provisions of Law Number 28 of 2009 concerning Regional Taxes and Regional Levies calculated based on market value. (2) The Land Deed Official has a role in making the deed of exchange and in collecting acquisition duty of right on land and building in the process of exchanging the duties and authorities of the land deed official, namely assisting taxpayers in legal acts of exchange in the process of transferring rights to land and/or buildings from the exchange provider to exchange recipients in accordance with Government Regulation Number 24 of 2016 concerning Amendments to Government Regulation Number 37 of 1998 concerning Position Regulations for Land Deed Maker Officials.

POTENTIAL CONFLICT OF LAND DEED IN THE PERSPECTIVE OF NOTARY POSITION

This study aims to find out the potential conflicts on Land Deeds made by Notaries and to find out Notary efforts in making Land Deeds to minimize potential land conflicts. The method used in this study is the normative legal research method. In addition, the statute approach, conceptual approach, and analytical approach are the approach used in this study. The results of this study showed that (1) potential conflicts on Land Deeds made by Notaries are due to Notaries in carrying out their positions tend to be in a dilemma which on the one hand must comply with legal provisions with a normative nature, and on the other hand, empirical facts are so complex and often cannot be handled and accommodated by regulations that tend to be rigid. This is because when carrying out its positions, the Notary must serve the client, while the client needs service without being too concerned with the regulations that bind the Notary. (2) Notary efforts in issuing Land Deeds to minimize the potential for Land Conflicts are required to examine the completeness of documents by applying the precautionary principle to protect the real owner and reduce conflicts in the land sector. The application of the precautionary principle of the Notary in producing the PPJB deed and the Lease Agreement deed to registered land rights to be registered at the Land Office must start from the stage before the deed, the stage at which the deed is made and the reading of the deed.