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This study examines the legal issues surrounding the sale and purchase of customary land (ulayat land) in Yoka Village, Papua, through the mechanism of the customary release letter. The background of this research focuses on the conflict between customary law and national law in land transactions. Using a socio-legal approach and legal anthropology, this study analyzes the mechanisms of land sales in Yoka Village and the legal uncertainty caused by the incompatibility between customary practices and formal national law. The findings reveal that the lack of legal harmonization creates significant risks for both buyers and the indigenous community. The study concludes that formal recognition of the customary release letter and clear procedures for registering ulayat land are essential to protect the rights of all parties involved.

The establishment of the Land Bank in Indonesia may lead to conflicts of interest and the existence of customary land may be forgotten for reasons of land stateisation. The process of acquiring customary land for reasons of stateisation may affect the legal protection of indigenous peoples' rights. This article examines agrarian conflicts after the establishment of the Land Bank Agency and the legal protection of indigenous peoples' land. This research is examined using the normative juridical method with a statutory approach. The results of the study found that the concept of the Land Bank is in contrast to agrarian reform in terms of land acquisition operations, because land can be obtained through the transfer of land ownership by the state which is intended for investment and infrastructure development. The government needs to improve the land sector Job Creation Law and the legal regulations of the Land Bank, the government must revise the rules related to the Land Bank so that this institution can maintain a balance of land utilisation for various interests fairly. The Land Bank should be a representative of the state to protect vulnerable groups of people, one of which is indigenous peoples. Then the community must be pro-active in applying for a Material Test on articles that have negative potential, especially the regulation of land stateisation in the Job Creation Law and the legal rules regarding the Land Bank in an effort to consolidate guarantees and justifications for land rights over indigenous peoples.

This research seeks to elucidate the conflict over PT PHP I's Cultivation Rights Title (HGU), claimed as customary land by some communities in Nagari Kapa. It aims to detail the customary elements that legitimized the 1997 land rights transfer to the West Pasaman Regency government. The issue stems from internal conflicts among Nagari Kapa's customary elites, impacting PT PHP I as the HGU holder. The disputed area encompasses 315 hectares of PT PHP I's land, occupied by the community since 2020. Using ethnographic methods, the study explores community and tribal leaders' (Ninik Mamak) perspectives on customs and land status. Interviews were conducted with 10 groups of tenant farmers on PT PHP I's core HGU land and 5 Ninik Mamak. Findings reveal that land status, under the Babingkah Adat system, is determined by the Pucuk Adat and transferred according to Adat Diisi Limbago Dituang and Siliah Jariah customary requirements. However, some community members oppose this mechanism, occupying land designated as PT PHP I's HGU, and thus, they collectively claim the land as customary territory of the Nagari Kapa community.

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article identifies various options for administering the lands of customary law communities (MHA) that have been implemented or are enshrined in laws and regulations regarding the land sector in Indonesia and sees in what cases specific administration options can be implemented and what the possible challenges are. This research refers to secondary data from findings from the Inventory and Identification of Customary Land in 2021, especially in the province of East Nusa Tenggara. The research also uses a normative approach by examining laws and regulations regarding MHA land registration in the land sector. Based on rules and regulations in the land sector in Indonesia, there are several options for administering MHA lands, namely delineation of land parcels, registration of property rights, registration of communal rights, registration in the land register, and registration in the land management rights (HPL).

In the Markham Valley of Papua New Guinea, a Biomass Energy company is currently transforming the landscape by planting thousands of hectares of eucalyptus trees to offer a 'carbon-neutral' way of electricity generation. The company operates in concert with local Wampar landholders, offering jobs, land rents, and business opportunities. This large-scale land transformation from grassland to eucalyptus forests impacts social relations, especially those regulating access to land, and creates more and novel social conflicts within and between kin groups. By presenting four ethnographic portraits, I show how access to and exclusion from land, jobs and monetary benefits are differentially experienced, and how people negotiate these novel effects of 'intimate exclusion' occurring in their midst. There are clear trends towards alienation and exclusion of some people from land to which they formerly had access. Customary claims to usage rights are abrogated except for the primary owners of the land, and sometimes even members of the landholding lineages are deprived of receiving monetary benefits from these enterprises. Access to land, jobs and business opportunities are now governed mainly by social relations with the main decision-makers and proponents of the eucalyptus project. [ABSTRACT FROM AUTHOR]

Ghana's customary land sector holds great prospects in lending impetus to the country's socio-economic development. Using the Bolgatanga Customary Land Secretariat in the Bolgatanga Traditional Area as the study area, this study examined the current challenges encountered by Customary Land Secretariats in Ghana in delivering on their mandates of streamlining customary land administration. Findings indicate that the Bolgatanga Customary Land Secretariat is well committed to streamlining customary lands management in the Traditional Area. Nonetheless, staff inadequacy, absence of technological integration, low level of patronage, and inadequate cooperation between stakeholders are impeding the Secretariat in achieving the intended objectives. [ABSTRACT FROM AUTHOR]

The land reflects the identity and spirit of the nation that are ingrained in the life of the Talang Mamak indigenous community, in addition to serving as an economic resource. Change in land status has several implications for their relationship with the land and its management. The purpose of this study is to examine the position of land for the Talang Mamak indigenous people. In addition, it analyses the implications of changing the status of land from customary forest to national park forest. This qualitative study employs the sociological law research approach by looking into the legal facts of the indigenous society of Talang Mamak in light of their relationship, ownership, and management of land. The main finding of this study is that the value of that land, due to its significant meaning and position, cannot be isolated from the Talang Mamak indigenous people. Nevertheless, the change in land status has created gaps and limited rights in forest management, highlighting several implications for the identity of the Talang Mamak indigenous people. [ABSTRACT FROM AUTHOR]

Context and background: Increasing refugee crisis has focused most host states to integrate refugees with the local communities through land access to customary land whose land rights are not clearly defined and documented. So, the emerging research question is which tenure arrangement can guarantee secure land accessibility to refugees but also security of tenure to customary landowners to minimize potential land conflicts and civil wars in refugee host communities. Goal and Objectives: This article is a synthesis of ongoing work to securely integrate refugees on customary land while ensuring tenure security of the customary holders. Associated questions are: what are the refugee requirements for sustainable integration in land accessibility; what are the key features of customary tenure that impact refugees’ access to land; and what challenges are likely to be encountered while integrating refugees on customary land. Methodology: The methodology based on Barry et al.’s six-stage approach of the state of the art (SotA). Literature search for the relevant articles was from scientific database of Scopus and MyLOFT platform online databases such as SAGE, Research4Life, JSTOL WILEY, Taylor and Francis, Springer from 1987 to 2023. The key words used included customary land’, ‘refugee integration requirements’, ‘refugees’ land accessibility’, ‘tenure arrangements for non-citizens’ and ‘refugee-host community conflicts’. Lastly snowball search was also applied to identify more articles from high impact journals. The results: Results clearly indicate that despite the growing trend of granting refugees access to land, most available tenure arrangements in Sub Saharan African countries do not allow refugees to hold land which leads to insecure accessibility. Land accessibility only leads to sustainable integration if there is refugees’ self-reliance, peaceful co-existence between refugees and host community, and sustainable livelihood which all depend on secure accessibility to land. Customary tenure is characterized by land rights governed by unwritten traditional rules and laws, inheritance and membership of a known social group which are associated with tenure insecurity that adversely affects both host communities and refugees. The paper recommends a need for a tenure arrangement that can facilitate secure access to land for refugees but also guarantee tenure security of land rights for hosts on customary land.

Failure to achieve the objectives of the law results in legal conflicts, in this case if there is a difference in treatment of customary law communities, it has the potential to result in the loss of customary law community customary rights over their customary forests, thus causing customary law communities to have difficulty in obtaining natural resources from the forest to meet their living needs. This study uses normative legal research using data collection techniques through literature studies and documents or archives. The results of this study are that the Regulation of the Minister of Agrarian Affairs has regulated the recognition of customary law communities and the granting of rights to customary law communities and customary institutions, the area where customary rights take place, the relationship, connection, and dependence of customary law communities with their areas, and the authority to regulate the use of land in their respective areas together. The public dimension of customary rights can be seen from the authority of customary law communities to regulate land/areas as their living space related to their use. How to cite item: Sariwati, Retno, Selvia Wisuda, and Dewi Ayu Rahayu. “Ulayat Land of Customary Law Communities Post Efforts to Administer Ulayat Land in Indonesia.” Jurnal Cakrawala Hukum 14 no. 3 (2023): 333-345. DOI: 10.26905/idjch.v14i3.11278.

This research aims to investigate the implementation of policies related to customary land and indigenous rights in Central Kalimantan Province, Indonesia. The research method employed is qualitative analysis involving field surveys, interviews with stakeholders, and analysis of policy-related documents. Theories related to public administration and customary law are used as frameworks for analyzing the policy implementation process. The results of the discussion reveal several challenges in policy implementation, including the mismatch between customary and national laws, land conflicts, and the lack of accurate information provided to indigenous communities. Despite efforts to align policies and improve their implementation, there are still obstacles that need to be addressed to achieve better recognition and protection of customary land and indigenous rights of Dayak indigenous communities in Central Kalimantan Province.

New Caledonian customary land is an exception within the French land tenure system. Its legal framework warrants a specific collective management of land resources. Since the disruption sustained during colonization (expropriation, population displacement, etc.), contemporary Kanak struggles have focused on land issues. In 1978, what later became a large-scale land reform began, mainly in favour of the Kanak community; in 1998, the Noumea Agreement acknowledged that the Kanak identity was structured by a specific link to land. Three types of land were subsequently defined: private land, public land, and customary land. However, the land breakdown reproduces the social inequalities already existing between communities. Furthermore, the development of customary lands is hampered by the inadequacy of the ordinary tools of urban planning. Consequently, since the 2000s, public, private, and customary stakeholders have innovated, setting up mechanisms and tools for the development of Kanak lands that respect their legal status and governance system. A first practice centred on addressing the critical dwelling needs of Kanak communities. With a second practice, Kanak communities provided to other users’ temporary provision of land with a fixed-term agreement, without transferring full ownership to users or authorization to implement development projects within their influence zone. As compensation, they benefited from funding and support for the residential development of their retroceded land. A third practice focused on economic and commercial development beyond the typical agricultural and livestock sectors. These current development practices are creating bridges between ordinary law and customary practices. Kanak communities seek innovative mechanisms to guarantee the representation of customary bodies and to steer development. Legal and judicial tools specific to New Caledonia are also being created. However, some difficulties are arising. These new kinds of operations have emerged in very specific land pressure contexts. Thus, the sustainability of the land agreements is uncertain, in terms of transmission through generations, as well as for the use of amenities after land retrocessions. Today, the main challenges in New Caledonia are to build a land policy encompassing the different land status and to balance between communities’ aspirations for autonomy and public authorities’ roles in assuring social and spatial balance and the public interest. The analysis of New Caledonian customary lands developments can feed the discussion on urban land commons (Simonneau, 2018). Although modern market mechanisms are usually not part of a traditional system, here, community (Kanak tribe or clan) management of the common resource (land) persists, serving its interests (in this case, housing or financial resources).* Furthermore, these innovations are helping redefine notions of land security, urban inclusion, and participatory democracy. However, although the process is meant to be inclusive, some risks have appeared relative to agreement transmission and sustainability. *This case study shows a remarkable search of balance between customary management and economic development, a conciliation between a legal and cultural framework. It traces over the long term the history of power struggles and conciliations building the “common”.

Context and Background Rural land disputes were instigated due to various factors like the increases in population number, scarcity of farm land, poverty, the increase in rural land value, and weak rural land administration system were the indirect causes of rural land disputes and manifested in the forms of boundary disputes, inheritances disputes, transfer of land disputes, access, and ownership disputes. This study indicated the different variant shimglina customary conflict resolution mechanisms are contributing significant role in rural land dispute resolution. Shimglina is Golden peace culture in resolving rural land disputes in preventing destructive conflict violence. The social capital and social solidarity of the community is functional under the umbrella of shimglina and vis versa. Shimglina is vital to resolve conflict and disputes terms of its attachments with the living God, value of perpetual peace, reduce time to decide on the issue, resource, its accessibility to all members of the community, and restoring the broken peaceful interaction. Goal and Objectives The objective of this study is to examine the practices and challenges of customary conflict resolution mechanisms in resolving rural land dispute in the study area. The Goal of this study is providing recommendations for policy makers, community leaders, and land administrators and for peace and land dispute workers. Methodology This study employed qualitative research approach and data were collected using focus group discussion, interviews, and non-participatory observation; and relevant literatures and documents are reviewed. Informants were selected based on purposive and snowball sampling. The total number of informants participated in this study were 201. The data were analyzed through the use of thematic analysis. Results The findings indicated shimglina customary conflict resolution mechanisms played great role in rural land dispute resolution. People prefer it in terms of time, resource, accessibility, and restoring the broken peaceful relationships. Also, the study revealed, shimglina faced many challenges which hinder its effectiveness in the resolution of land use disputes. Lack of attention to shimglina culture of peace by the government, the intervention of government bodies in the process of dispute resolution, the absence of incentives to Shimageles (elders), the influence globalization are the challenges. The government should give attention to shimglina in rural land disputes for peaceful co-existence and community solidarity. Shimageles (elders) play vital roles which include arbitration, mediation, decision making, peace-making, and permit traditional oath and link the living with God. This study recommends; the government should give attention to shimglina culture of peace in rural land use disputes. [ABSTRACT FROM AUTHOR]

New Caledonian customary land is an exception within the French land tenure system. Its legal framework warrants a specific collective management of land resources. Since the disruption sustained during colonization (expropriation, population displacement, etc.), contemporary Kanak struggles have focused on land issues. In 1978, what later became a large-scale land reform began, mainly in favour of the Kanak community; in 1998, the Noumea Agreement acknowledged that the Kanak identity was structured by a specific link to land. Three types of land were subsequently defined: private land, public land, and customary land. However, the land breakdown reproduces the social inequalities already existing between communities. Furthermore, the development of customary lands is hampered by the inadequacy of the ordinary tools of urban planning. Consequently, since the 2000s, public, private, and customary stakeholders have innovated, setting up mechanisms and tools for the development of Kanak lands that respect their legal status and governance system. A first practice centred on addressing the critical dwelling needs of Kanak communities. With a second practice, Kanak communities provided to other users' temporary provision of land with a fixed-term agreement, without transferring full ownership to users or authorization to implement development projects within their influence zone. As compensation, they benefited from funding and support for the residential development of their retroceded land. A third practice focused on economic and commercial development beyond the typical agricultural and livestock sectors. These current development practices are creating bridges between ordinary law and customary practices. Kanak communities seek innovative mechanisms to guarantee the representation of customary bodies and to steer development. Legal and judicial tools specific to New Caledonia are also being created. However, some difficulties are arising. These new kinds of operations have emerged in very specific land pressure contexts. Thus, the sustainability of the land agreements is uncertain, in terms of transmission through generations, as well as for the use of amenities after land retrocessions. Today, the main challenges in New Caledonia are to build a land policy encompassing the different land status and to balance between communities' aspirations for autonomy and public authorities' roles in assuring social and spatial balance and the public interest. [ABSTRACT FROM AUTHOR]

Context and background: Increasing refugee crisis has focused most host states to integrate refugees with the local communities through land access to customary land whose land rights are not clearly defined and documented. So, the emerging research question is which tenure arrangement can guarantee secure land accessibility to refugees but also security of tenure to customary landowners to minimize potential land conflicts and civil wars in refugee host communities. Goal and Objectives: This article is a synthesis of ongoing work to securely integrate refugees on customary land while ensuring tenure security of the customary holders. Associated questions are: what are the refugee requirements for sustainable integration in land accessibility; what are the key features of customary tenure that impact refugees' access to land; and what challenges are likely to be encountered while integrating refugees on customary land. Methodology: The methodology based on Barry et al.'s six-stage approach of the state of the art (SotA). Literature search for the relevant articles was from scientific database of Scopus and MyLOFT platform online databases such as SAGE, Research4Life, JSTOL WILEY, Taylor and Francis, Springer from 1987 to 2023. The key words used included customary land', 'refugee integration requirements', 'refugees' land accessibility', 'tenure arrangements for non-citizens' and 'refugee-host community conflicts'. Lastly snowball search was also applied to identify more articles from high impact journals. The results: Results clearly indicate that despite the growing trend of granting refugees access to land, most available tenure arrangements in Sub Saharan African countries do not allow refugees to hold land which leads to insecure accessibility. Land accessibility only leads to sustainable integration if there is refugees' selfreliance, peaceful co-existence between refugees and host community, and sustainable livelihood which all depend on secure accessibility to land. Customary tenure is characterized by land rights governed by unwritten traditional rules and laws, inheritance and membership of a known social group which are associated with tenure insecurity that adversely affects both host communities and refugees. The paper recommends a need for a tenure arrangement that can facilitate secure access to land for refugees but also guarantee tenure security of land rights for hosts on customary land. [ABSTRACT FROM AUTHOR]

Customary land is land that is collectively owned by the local indigenous community. The tradition of customary land ownership has become an integral part of culture and community life in West Sumatra, and plays an important role in maintaining ecological balance and realizing the social welfare of indigenous peoples. However, in recent years, the existence of customary land in West Sumatra has faced various challenges and threats. This research aims to analyze the existence and urgency of customary land in West Sumatra Province. This research uses qualitative research methods. Data collection techniques were carried out by exploring journals, books and other information relevant to the research. The data that has been collected is then analyzed using three stages, namely data reduction, data presentation and conclusion drawing. The results showed that the existence of customary land in West Sumatra Province is still quite strong. Customary land is still used by indigenous people for various purposes, such as housing, agriculture, and plantations. The urgency of customary land in West Sumatra Province can be seen from various aspects, including social, economic and ecological aspects. [ABSTRACT FROM AUTHOR]

This article examines the legal protection for customary land rights based on forest law in Indonesia. The study of customary land is important because customary land is the communal ownership of land subject to customary law. Policies related to customary land rights are inseparable from regulations regarding forestry law because customary rights appear starting with the clearing of forests by customary law communities. Forestry management after Indonesia’s independence cannot be separated from government legal politics, especially related to forestry law in Indonesia. This writing departs from the question of how the history of the existence of customary land and how the protection of customary land in the regulation of forestry law in Indonesia. The writing of this article uses a normative juridical method, namely studying material using theory from literature books, including scientific writing in journals and material related to laws. Based on the hypothesis, forestry regulations in Indonesia have not provided legal protection for customary lands and have even eliminated the existence of customary land itself, which is the source of life for indigenous peoples. The lack of protection can cause conflicts between the government and indigenous peoples, one of the factors due to the government’s takeover of customary land ownership from indigenous peoples. With Government Regulation Number 23 of 2021 concerning the Management of Forest Areas, which also regulates customary forests as separate forest groups (not included in state forests), customary forests are recognized.

Introduction: The recognition of customary land rights based on local values has undergone several shifts in value, giving rise to state doubts about its existence. Purposes of the Research: Therefore, this research aimed to examine the recognition of customary land rights of the Pusu customary community in Sumbawa based on the value of 'krik slamat'. Methods of the Research: This non-doctrinal research was conducted using a sociological approach to investigate the formation and functioning of the law. This method also discovers the philosophical values embodied in empirical law by objectifying the values that live in society, in this context the objectification of values is carried out with the concept of recognizing norms that live in society. Results of the Research: The results showed that, first, the recognition of land rights of the Pusu community was conducted with 'rpulung' based on the value of 'krik slamat' containing elements of religion, democracy, and justice. Second, in 'krik slamat', which serves as a philosophical foundation in the formation of the law, hence, 'pulung' is born in the form of norms.

Pembadanan nilai dengan metode asli masyarakat adat menampakan nilai bukan hanya terlihat namun juga terasa yang berbeda dengan pembadanan nilai dengan metode negara yang justru nilai asli mengalami reduksi. Artikel ini bertujuan menganalisis pembadanan nilai ’krik slamat’ pada penguasaan hak atas tanah adat. Metode penelitian yang digunakan adalah metode penelitian nondoktrinal dengan pendekatan antropologi hukum dan pendekatan konseptual. Artikel ini menunjukan 1) Nilai krik slamat merupakan asas hukum berdimensi ketuhanan ‘religio magis’ menjadi pijakan dasar pembentukan hukum adat (pulung), 2) Pembadanan nilai ‘krik slamat’ ke dalam hukum adat dilakukan dengan metode ‘pera telu’ yang wujudnya nilai tersebut tetap tampak dan terasa di dalam asas hukum dan norma hukum adat terkait penguasaan hak atas tanah adat. The integration of values through the original methods of indigenous communities not only presents values that are visibly distinct but also felt differently compared to the integration of values through state methods, which may result in a reduction of the original values. This article aims to analyze the integration of 'krik slamat' values in the exercise of rights over customary land. The research method employed is a non-doctrinal research method with an anthropological legal approach and a conceptual approach. The article demonstrates that 1) 'Krik slamat' values are a legal principle with a dimension of divinity ('religio magis') serving as the foundational basis for the formation of customary law ('pulung'), and 2) The integration of 'krik slamat' values into customary law is carried out through the 'pera telu' method, ensuring that these values remain visible and palpable within the legal principles and norms of customary law related to the exercise of rights over customary land.

Land in Ghana is mostly governed by customary tenure systems. The sole purpose is ensuring the egalitarian use of land resources to secure the welfare of customary families and individuals with common interest in land. However, a confluence of issues including obstinate national policies on land, globalization, and land grabbing, and changing socio-economic context, have synergistically altered the customary regimes with varied and complex consequences for rural land access and use rights. This paper through narrative literature review unpacks the legal regime for customary land governance on the one hand, and empirical studies on the other, to understand the extent of destabilization of the bundle of rights in Ghana’s property rights regime. This review shows the different bundles of rights examined have different levels of stability. Access and use rights remain the most stable, use, and withdrawal rights are under severe stress, while exclusion and alienation rights seek to strengthen chief authority over land. The trusteeship role of chiefs has been replaced by powers resembling absolute ownership, thereby tacitly supporting the alienability of land by chiefs, a development unintended by customary land governance relations.

This article aims to examine crucial elements that provide a platform for the success of Indigenous businesses based on customary land, drawing on case studies from Fiji. A qualitative, ethnographic, three case study approach was conducted, and talanoa (discussion or talking together in groups or between two people) method was used to collect data guided by the Vanua Research Framework. Four significant themes unfolded from the study in terms of essential strategies for the success of the businesses on customary land: following protocols for safe cultural affiliation of the business; practices of people working collectively; making socio-cultural contributions to the community and contributing to employee well-being. The research implies that Indigenous businesses on customary land tend to define success from a cultural viewpoint that differs from how business success is conventionally defined. [ABSTRACT FROM AUTHOR]

Access to land is a crucial factor affecting women’s socio-economic status, security, and overall well-being as has increasingly been acknowledged on a global scale in recent years. However, the access and ownership of land by women in sub-Saharan Africa are continually debated, especially in terms of exclusion. The study assessed the extent of women access to customary land titles (CLTs) in Mbozi District, Songwe Region, Tanzania. A crosssectional research design was used in the study alongside non-probability sampling to purposively select 8 villages. Snowball sampling was used to select 290 women beneficiaries 0f CLTs in each village for the study. Primary data collection involved a survey questionnaire, in depth interviews, and focus group discussions. Content analysis was used to assess verbal and written information to get an interpretation of their meaning. The Statistical Package for Social Science (V. 20) was used in the analysis of the quantitative data and summary of the responses into frequencies and percentages. In general, the access of women to CLTs seemed to be on an upward trend in the study areas as acknowledged by 85.6% of the study participants. However, the control of land resources was still dominated by men in most cases. Decision-making by the women of their lands was also on an upward trajectory. Nevertheless, patriarchal domination and customary laws still affected women’s access to CLTs. The present findings are relevant for land governance in Tanzania and other parts of SSA because they evoke the voices of the marginalized gender on land ownership matters.

Due partly to rapid urbanisation and the re-interpretation of customary land tenure, land use planning in Ghana is sometimes associated with tenure insecurities in peri-urban areas. Contributing to the emerging debate on Tenure Responsive Land Use Planning (TR-LUP), this paper assesses the tenure responsiveness of land use planning projects in peri-urban Tamale based on data gathered from in-depth interviews and focus group discussions with key stakeholders. It is argued that the current tenure insecurity challenges that characterised land use planning projects in peri-urban Ghana emanate primarily from limited stakeholder participation, land commodification, re-interpretation of customary land tenure, and weak institutional capacities of local planning agencies. The paper adds insights to the challenges surrounding the applicability of the TR-LUP concept by highlighting how land use planning influences tenure security in customary land tenure contexts. Finally, it proposes policy measures to protect the land use rights of peri-urban dwellers. [ABSTRACT FROM AUTHOR]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The purpose of this study is to determine the status and position of customary land in national law after the enactment of the Regulation of the Minister of ATR / BPN Number 18 of 2019 concerning procedures for administering customary land unitary customary law communities. This is done so that there is legal certainty regarding regulations on customary land rights, so as not to become controversial. The research method used in this study is the normative juridical research method. The type of approach chosen to answer the problem formulation is the statute approach (the approach of using laws and regulations and draft laws and regulations), namely with various rules or legal products related to matters governing land in Indonesia relating to indigenous peoples. The results of this study are that: The legal position of customary land after the enactment of Regulation of ATR No. 18 of 2019, juridically does not affect the existence of communal rights over land, as long as it does not conflict with the regulations of the Unitary State of the Republic of Indonesia and its regulatory procedures. [ABSTRACT FROM AUTHOR]

Fulfilling communal rights to customary lands has still become an unresolved polemic. As a country adhering to Pancasila ideology, all laws and regulations should embody in Pancasila, including regulation on Agrarian Reform. This research aimed to figure out the reduction of values found in the 2nd principle of Pancasila against the Presidential Regulation Number 86 Year 2018 concerning Agrarian Reform in the context of fulfilling communal rights of indigenous peoples to customary lands. The research used a normative-juridical method with both statutory and analytical approaches. This research specifically examined and analyzed the reduction of values in the second principles of Pancasila toward the regulation of agrarian reform in Indonesia. The data sources were in the form of secondary data to obtain objective research results including primary, secondary, and tertiary legal materials obtained through documents and literatures. The collected data were then qualitatively analyzed and presented in the forms of narrative text. By implementing the second principle of Pancasila, the communal rights to customary lands are fulfilled in Agrarian Reform and become the basis to strengthen the position of indigenous peoples in national legal system.

Fulfilling communal rights to customary lands has still become an unresolved polemic. As a country adhering to Pancasila ideology, all laws and regulations should embody in Pancasila, including regulation on Agrarian Reform. This research aimed to figure out the reduction of values found in the 2nd principle of Pancasila against the Presidential Regulation Number 86 Year 2018 concerning Agrarian Reform in the context of fulfilling communal rights of indigenous peoples to customary lands. The research used a normative-juridical method with both statutory and analytical approaches. This research specifically examined and analyzed the reduction of values in the second principles of Pancasila toward the regulation of agrarian reform in Indonesia. The data sources were in the form of secondary data to obtain objective research results including primary, secondary, and tertiary legal materials obtained through documents and literatures. The collected data were then qualitatively analyzed and presented in the forms of narrative text. By implementing the second principle of Pancasila, the communal rights to customary lands are fulfilled in Agrarian Reform and become the basis to strengthen the position of indigenous peoples in national legal system. [ABSTRACT FROM AUTHOR]

Land in Ghana is mostly governed by customary tenure systems. The sole purpose is ensuring the egalitarian use of land resources to secure the welfare of customary families and individuals with common interest in land. However, a confluence of issues including obstinate national policies on land, globalization, and land grabbing, and changing socio-economic context, have synergistically altered the customary regimes with varied and complex consequences for rural land access and use rights. This paper through narrative literature review unpacks the legal regime for customary land governance on the one hand, and empirical studies on the other, to understand the extent of destabilization of the bundle of rights in Ghana's property rights regime. This review shows the different bundles of rights examined have different levels of stability. Access and use rights remain the most stable, use, and withdrawal rights are under severe stress, while exclusion and alienation rights seek to strengthen chief authority over land. The trusteeship role of chiefs has been replaced by powers resembling absolute ownership, thereby tacitly supporting the alienability of land by chiefs, a development unintended by customary land governance relations. [ABSTRACT FROM AUTHOR]

Access to land is a crucial factor affecting women's socio-economic status, security, and overall well-being as has increasingly been acknowledged on a global scale in recent years. However, the access and ownership of land by women in sub-Saharan Africa are continually debated, especially in terms of exclusion. The study assessed the extent of women access to customary land titles (CLTs) in Mbozi District, Songwe Region, Tanzania. A cross-sectional research design was used in the study alongside non-probability sampling to purposively select 8 villages. Snowball sampling was used to select 290 women beneficiaries 0f CLTs in each village for the study. Primary data collection involved a survey questionnaire, in-depth interviews, and focus group discussions. Content analysis was used to assess verbal and written information to get an interpretation of their meaning. The Statistical Package for Social Science (V. 20) was used in the analysis of the quantitative data and summary of the responses into frequencies and percentages. In general, the access of women to CLTs seemed to be on an upward trend in the study areas as acknowledged by 85.6% of the study participants. However, the control of land resources was still dominated by men in most cases. Decision-making by the women of their lands was also on an upward trajectory. Nevertheless, patriarchal domination and customary laws still affected women's access to CLTs. The present findings are relevant for land governance in Tanzania and other parts of SSA because they evoke the voices of the marginalized gender on land ownership matters. [ABSTRACT FROM AUTHOR]

Negotiated agreements are now a commonplace mechanism for governing the relationship between mining companies and Indigenous peoples. What is not commonplace are agreements in which Indigenous people acquire an equity stake in industrial-scale projects on their land. Recent and powerful calls for greater Indigenous control of mining projects have drawn renewed attention to the question of Indigenous co-ownership and Indigenous equity participation. This paper describes co-ownership arrangements emerging globally and raises critical questions that drive closer examination of the value proposition of Indigenous equity participation for Indigenous groups and other parties. [ABSTRACT FROM AUTHOR]

Abstract Owing to climate change, population growth and tenurial changes, the past decade has witnessed high interest among migrant and settler pastoralist groups in the vegetal-rich customary lands of the Agogo Traditional Area. This has resulted in lease grants of large land areas to pastoralists by traditional authorities and usufruct families, for reasons of ensuring optimum use and gaining the highest returns from lands. This paper examines the implications of consequent competing interests over land resources between farmers and herders on indigenous farmer’s agricultural investment decisions. The study uses qualitative methods and empirical evidence is given by primary data from semi-structured interviews and focus group discussions in the case study area. Results indicated that land owners exploit lapses in customary land administration systems to allocate lands in exchange for money, to pastoralists while neglecting indigenous farmers’ land use rights. Thus, indigenous farmers report land tenure insecurity and a sense of deprivation from their customary lands. Despite tenure insecurity concerns, farmer’s agricultural investment decisions remain unchanged because such changes in investment decisions may reduce incomes and compromise their livelihoods. The findings herein contradict theoretical expectations and provide new perspectives for understanding the relationship between tenure (in)security and investment decisions.

The recent oil palm expansion has resulted in significant land losses for rural communities globally, raising concerns about food security, poverty, and the loss of common resources. This study investigates whether community-based tenure regimes in Mexico, particularly ejidos, prevent land grabbing and land concentration in oil palm producing regions. By mapping oil palm plantation types (smallholdings, mid-sized and large-scale plantations) across major land tenure regimes (ejido, communal and private property) using high spatial resolution imagery from Google Earth and ESRI/Maxar, we explore the relationship between tenure forms and land concentration. Our findings suggest that ejido lands largely prevents land grabbing by oil palm, although neoliberal reforms have favored land concentration, especially under private tenured land (southern Campeche) but also in some ejidos facing illegal land-based investments (Lacandon rainforest). This research contributes to broader debates on oil palm, tenure regimes and land grabbing, highlighting the need for land tenure policies that protect rural communities from industrial plantation encroachments. • Mexico offers a unique opportunity to understand land grabbing by oil palm as community-based tenure is very common. • Our findings indicate oil palm smallholdings are prevalent but also production under private tenured land. • Ejidos, a form of community-based tenure in Mexico, were found to prevent land grabbing by oil palm. • Latest oil palm expansion in Mexico, occurring in Campeche, is taking the form of large industrial plantations. • This case shows that both land rights along and policy support are key to foster small-scale oil palm production. [ABSTRACT FROM AUTHOR]

Land reforms in sub-Saharan Africa are transiting customary land tenure into a neo-customary land tenure regime. Accordingly, the Government of Ghana, together with its development partners, initiated the establishment of customary land secretariats (CLSs) to enhance the governance of customary land administration at the local level. Though this initiative is implemented with advances, events on the ground suggest a growing trend of inactive or dysfunctional CLSs. Synergizing an autoregressive distributed lag (ARDL) model and descriptive statistics, we used monthly secondary data from the Berekum CLS to investigate the determinants of sustainable CLSs in Ghana. The analysis revealed that the most critical factors enhancing the sustainable performances of CLSs in the long and short term are the cost of documentation, the timely preparation and delivery of documents, and gender-related matters. Moreover, there was strong evidence of a long-run relationship between the studied variables. Despite the strives for equal land access, women are still less privileged in the acquisition of land. The study portends that should authorities aimed at bringing CLSs closer to the corridors of sustainability, the mandate of the Office of the Administrator of Stool Lands (OASL) and the Lands Commission (LC) should not just be the establishment of the CLSs but also ensuring their sustainability. A prioritization of the study's findings by the OASL and the LC can enhance the patronage of CLSs in their established communities. • We employed the ARDL model to explore the determinants of sustainable CLSs in Ghana. • Land transactions were modeled as a function of documentation cost, efficiency, gender gap, and COVID-19. • The paper used secondary data for analysis, diverging from the numerous qualitative papers. • We noted that documentation cost, efficiency, and gender matters affect the CLSs. • Significant improvements in women's land rights recordings and general land transactions. [ABSTRACT FROM AUTHOR]

This research will examine how the Indonesian constitution can effectively protect the indigenous people’s rights to customary land when the land is under construction for infrastructure building. The authors will mainly discuss the relevance of justice for ensuring the rights to live and property of indigenous people under the Indonesian constitution. In this essay, the authors examine how constitutional and human rights protections interact with one another to ensure the security of customary land in Indonesia. The analysis will be carried out by two methodological approaches. One is the statute approach which is based on laws and regulations being specifically targeted. To implement the statutory approach, all Indonesian laws and regulations concerning the constitutional relationship and human rights to protect customary land will be reviewed. The other is the conceptual approach to identify the ideas that give rise to legal notions, the legal principles or legal arguments for solving the problem. [ABSTRACT FROM AUTHOR]

Except for people with customary rights, not all customary law communities have the power to make, implement, and enforce existing regulations. As long as it does not conflict with national interests, the existence of this right in land law is still acknowledged. Disputes arising inside its territories are likewise not prohibited from being addressed using local customary law. Because 'custom or customary law' is one of the roots of state law. In comparison to state rules, the state strives to resolve civil issues by consensus in order to accomplish justice for all parties. The results of this study are also similar, however dissatisfied parties (citizens) are not prohibited from settling through state courts. In this case, the recognition of state law is not only positive, even the judge can cancel the claim of the plaintiff who is not willing to be resolved first through the village judge. It is just that the articles that give strict orders are rarely used in practice. [ABSTRACT FROM AUTHOR]