Land use law for sustainable development

Jambe Law Journal

The phenomenon of rapid population growth and land conversion is what forms the background of this study. The Indonesian state does not only lose its agricultural land but also its farmers. This is the concern of the Government, including Local Governments, considering that agricultural land in its territory needs to be saved for food security and the needs of the next generations. Indonesia, including Jambi Province, will no longer have agricultural land and enough farmers in the future if this condition continues. Sungai Penuh of Jambi Province has been chosen as an object of study since this city is one of the main rice producers but suffering from agricultural land conversion. In realizing the goal, Legal policy is an option to implement because it binds not only the Local Government but also the community. That’s why it is important to protect agricultural land through a legal framework to ensure the availability of agricultural land. This article argues that the problem has to...

International Journal of Community Service (IJCS)

Land as a source of life and one of the important factors of production, besides being able to guarantee the availability of space to build infrastructure and facilities for development needs in accordance with the priorities that have been set, it is also necessary to maintain its fertility and sustainability in order to create a comfortable living environment. The pattern of land use in supporting development will experience a shift in accordance with developments in each development sector. Policies in the land sector are aimed at achieving three main things that complement each other, namely efficiency and economic growth, social justice, environmental conservation and sustainable land use patterns. Government has given legal protection to agricultural land by issuing several regulations such as Law Number 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land. This rule emphasizes that sustainable food agricultural land must be protected and cannot be conver...

Envoronmental change and human security in Africa and the Middle east, 2017

In a context of global change, the human relationship to the land-comprising as well a connection to its natural resources-increasingly defines a key challenge to human and environmental security, which pertains to the socioecological unit (socio-ecosystem) of man to his environment. Indeed, from this relationship materializes an ecological dimension on which the humanity depends for its existence, well-being, health, and development. In other terms, human societies rely on a life-support, that is the land which forms the "territory" and the natural resources which sustain human lives. Current pressures on land, including the land grabbing phenomenon, that are growing worldwide and particularly in Africa, place the land issue at the heart of the human and environmental security (through many problems such as food insecurity and climate change induced displacements or 'climate refugees'). This issue is even considered as one of the main drivers of many current and potential violent conflicts. The human relationship to the land and its resources, and the resulting consequences, depend on how they are supported by relevant laws. The reason is that land-related laws are not subject to a unique thought since they are plural and diversified worldwide. Based on this, and by perceiving legal systems in 'paradigmatic' terms, this chapter places side by side two exclusive legal perspectives on the human relationship to the land and its resources due to the cultural diversity which is still present and expressed worldwide despite the claims of the dominant discourse: In a first stage, the 'property' paradigm is thoroughly analyzed, allowing its foundations to come to the fore; this leads us to the second stage which deals with a 'territorial' paradigm constructed within a logic of social reproduction relating to the law of utilities (cultural, socio-cognitive, economic and political).

In a context of global change, the human relationship to the land – comprising as well a connection to its natural resources – increasingly defines a key challenge to human and environmental security, which pertains to the socio-ecological unit (socio-ecosystem) of man to his environment. Indeed, from this relationship materializes an ecological dimension on which the humanity depends for its existence, well-being, health, and development. In other terms, human societies rely on a life-support, that is the land which forms the " territory " and the natural resources which sustain human lives. Current pressures on land, including the land grabbing phenomenon, that are growing worldwide and particularly in Africa, place the land issue at the heart of the human and environmental security (through many problems such as food insecurity and climate change induced displacements or 'cli-mate refugees'). This issue is even considered as one of the main drivers of many current and potential violent conflicts. The human relationship to the land and its resources, and the resulting consequences, depend on how they are supported by relevant laws. The reason is that land-related laws are not subject to a unique thought since they are plural and diversified worldwide. Based on this, and by perceiving legal systems in 'paradigmatic' terms, this chapter places side by side two exclusive legal perspectives on the human relationship to the land and its resources due to the cultural diversity which is still present and expressed worldwide despite the claims of the dominant discourse: In a first stage, the 'property' paradigm is thoroughly analyzed, allowing its foundations to come to the fore; this leads us to the second stage which deals with a 'territorial' paradigm constructed within a logic of social reproduction relating to the law of utilities (cultural, socio-cognitive, economic and political).

2017

Pro-poor approaches to land administration are increasingly gaining impetus and getting promoted in global agreements, national land policies and NGO's briefs. The 2030 Agenda for Sustainable Development covers four prominent land targets on poverty, food security, land degradation and gender. In addition, the role of land is well captured in the New Urban Agenda (NUA), with its social, ecological and economic functions well-articulated in the recently adopted document (Habitat III), which outlines a very prominent role for land tenure security and property rights in pursuit of sustainable land governance interventions for the next 20 years. Improved land governance and achievement of sustainable development underpin these global covenants. The need for efficient land management and administration systems and the recognition of the complexity of land rights cannot be overemphasized. In most developed nations, land records are generally well kept and cover most of the territories...

International Journal of Multidisciplinary Research and Technology, 2023

Ownership of land and allied resources is an emerging reason for dispute all over the globe. These disputes affect the perspective of rural growth, human rights, indigenous culture, ecological conversation, and attempt to combat changes in climate conditions. Traditionally, most of the land resources are governed and owned by the local and indigenous communities through their customary tenure system. In the last several decades due to various reasons, the perspective towards land resources is changed and land became a commodity. The landowners have also changed their perspective and used it as a commodity to get financial resources. The land is a primary source of developing livelihood assets of humans and the life cycle of biodiversity. Recent trends in land markets and emerging land conflicts are indications of future societal and administrative problems. To minimize further impacts proper policies and protection measures are important. Protection of the traditional rights of indigenous people is a primary duty of governance and society. The appropriate policies and conflict resolution mechanism is important to secure the livelihood of forest dwellers. This paper is intended to address the emerging challenges and land rights issues from a wider perspective.