Critical Analysis of the Land Laws-A study (original) (raw)

Land Laws for the Future Dr Nor

Sustainable land development is a global agenda. New policies are being drafted from time to time to meet the planning and development expectation. Unfortunately, in many situations the laws are always one step behind. There are hundred laws dealing with land but there is doubtful as to the number of laws that promote sustainable development and thus, addressing land protection. Even if there are many, the effectiveness of some of the laws is yet to be seen in promoting green and sustainable agendas. This study is confined to the law dealing with land with special focus on the National Land Code and other laws that relate to land use, development and planning as well as land holdings. In doing so, several policies on land and case laws are referred in order to analyse the interpretation and the implementation of the laws. Some principles such as land is a state matter is also highlighted to gauge the implication of policy on the implementation of the laws and relate them to the success and failure in assuring sustainable land development. The research aims to accentuate the extent of which the land laws being the main reference for land policies remain relevant in meeting the new global agenda on sustainable development.

The Global Law of the Land

Public International Law: Courts & Adjudication eJournal, 2009

Are we witnessing the gradual universality of national land laws, which have traditionally been considered to be the paradigm of legal idiosyncrasy, by virtue of their reflecting place-specific society, culture, and politics? This Article offers an innovative analysis of the conflicting forces at work in this legal field, basing itself on an historical, comparative, and theoretical study of the structures and strictures of domestic land laws and of current cross-border phenomena that dramatically affect national land systems. The central thesis of this Article is that, irrespective of our basic normative viewpoint regarding the opening up of domestic land laws to the forces of "globalization," we must come to terms with the particularly difficult institutional and jurisprudential constraints that are involved in undermining the local basis of land laws. Thus, in order to systematically succeed in intensifying cross-border land law rules, global and national actors need to ...

Law and a New Land Ethic

1989

As open space comes under increasing development pressure, m isting-use zoning pmvides a direct and forthright way to preserve the line between urban and non-urban land use. Ultimately it may be the only practical means far protecting high-demund or sensitive areas such as wetlands,

Land and property rights: some remarks on basic concepts and general perspectives

Habitat International, 2000

The institution of real property in private ownership has become universal by replacing the regime of common property largely for functional reasons. Being related to an individual owner and his limited life span, private ownership is insensitive to long-term e!ects. It needs complementary devices to become long lasting, especially with respect to the environment and natural resources. The juridical system is about to evolve towards this perspective. It is supported by the concept of &property rights'. This decomposes the compact command over resources into a bundle of rights and duties and liases it with institutional precautions at various levels, local, national and global. The competing concept of centralized planning and nationalized land has failed in this respect. In the countries of the South, speci"c variants of land management have to be conceived, introduced and routinized which should learn from universal ideas. Likewise, a process of social adaptation in response to the particular cultural identities is indispensable. The various slum legalization and regularization ventures under way are examples of this internalization. Their smallness re#ects an evolutionary strategy. It su$ces that some ventures succeed to change the course of subsequent development.

National Land Law Reform in Facing Globalization

2013

Problem of land is a national problem, it is our problems. It is not just agroup interest. It means that problem of land is very fundamental for our country because land has a political dimension and is very strategic as a means of unifying a nation. Most problems of land which have been faced nowadays can make disorder, legal uncertainty, injustice among people, so there should be a pro-active effort to accelerate the achievement of national goals in the field of land and agrarian. This research is descriptive-analytic and uses juridical-normative approach, history of law, and juridical-qualitative analysis. From the result of this research, it can be concluded that the efforts of NationalLand Law Reform are required through the Land Act, because this Act is hoped to be able to solve the land and agrarian problems all over Indonesia. At least, The Land Act is supposed to pay attention to right to control the State, communal land right, nationalism, rights of land, management right,...

Review of the Legislation Regulating the Use of Land. Legal and Administrative Issues

2019

Degradation of the land in various forms is one of the basic and persistent global problems. Irrational agricultural activity, deforestation, increasing industrialization and progressive urbanization lead to the loss of important functions of this natural resource. This is a serious problem throughout the European Union, as evidenced by statistical data disclosed in reports of the European Commission. Due to the failure to develop regulations at the EU level ordering the issues of protection of land surface and the fragmentary nature of binding regulations, each of the Member States, including Poland, selected legal means to achieve the assumed objectives related to both the obligation to protect the function of this resource, quality monitoring, registration pollution, or restoring utility and natural values. The aim of the conducted research was to analyze legal regulations establishing administrative law forms of rationing for the use of earth’s surface and their assessment in te...

Introduction: Land-Use, planning and the law

Planning Theory, 2007

With regard to legitimacy, the point–assuming we accept some version of a liberal-democratic state8–is to focus attention on a number of inevitable ethical issues, such as the centrality of specific individual rights and freedoms, the necessity of some kind of equal ...

Land Law Notes

During British period, land reforms had a very limited scope and content. These land reforms were motivated not by consideration of improving production, nor did they have any sense of social justice. They were meant to safeguard British political influence in the rural areas and save the rural market from being completely pauperized. Thus, the structure of agrarian society evolved under British rule, created a socio-economic set up in which parasitism flourished, land concentration in the hands of a few rural rich continued to grow, and landlessness and land hunger of the peasants mounted at an over increasing pace. Evictions and insecurity of tenancy and rack-renting became a general phenomenon and the cultivators were ground down by a colossal burden of indebtedness.