Legalising Land Rights : Local Practices, State Responses and Tenure Security in Africa, Asia and Latin America

Abstract

law, governance, and development research l e i d e n u n i v e r s i t y p r e s s legalising land rights local practices, state responses and tenure security in africa, asia and latin america edited by Janine m. ubink andré J. hoekema willem J. assies Legalising Land RightsLaw, Governance, and DevelopmentThe Leiden University Press series on Law, Governance, and Development brings together an interdisciplinary body of work about the formation and functioning of legal systems in developing countries, and about interventions to strengthen them. The series aims to engage academics, policy makers and practitioners at the national and international level, thus attempting to stimulate legal reform for good governance and development. All rights reserved. Without limiting the rights under copyright reserved above, no part of this book may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the written permission of both the copyright owner and the author of the book. The potential of legalisation of land assetsMillions of people live and work on land that they do not legally own in accordance with enforceable state law. Secure land rights are a basis for household food security and shelter, and provide a safety net in case of unemployment or retirement. The absence of state recognition for local property rights is considered to affect people's tenure security, which in turn impinges on people's social-economic security and impedes development. People who are not secure in their property rights will not invest labour and other resources in the fertility and productivity of their agricultural land, the improvement of their houses built on the land, and the infrastructure of their neighbourhood. Tenure insecurity also hinders the provision of services and infrastructure by the government. Furthermore, people are unable to acquire formal loans, as they cannot use their land or houses as collateral. The lack of stateguaranteed documents moreover inhibits the ability to make transactions of land and houses with strangers who are not familiar with local ownership structures, which will restrict the land market. Traditionally, endeavors to legalise or formalise extra-legal land tenure have focused on state-led individual titling and registration.1 This was based on the assumption that individual property rights would improve access to credit and thus increase the ability of landholders to invest in their land. Furthermore, individual titles would remove disincentives to invest through an increase of landholders' confidence that they would not be deprived of their land. This paradigm was broadly supported by legal scholars as well as by those in other disciplines as diverse as economics and land surveying.There has been some success with titling and registration. Feder et al. (1988) and Li, Rozelle, and Brandt (1998) argue on the basis of data from Thailand and China that private property increased se...

‘Hukum Yang Hidup’ Dalam Rancangan Kitab Undang-Undang Hukum Pidana (Kuhp): Antara Akomodasi Dan Negasi

“…Internal conflict rules pada umumnya terwujud melalui dua bentuk tindakan: recognition dan legalization. Jika recognition adalah penerimaan negara terhadap hukum nonnegara melalui jaminan bagi ruang berlakunya di luar sistem negara, maka legalization adalah upaya negara untuk mengintegrasikan hukum non-negara tersebut ke dalam sistem hukum negara (Ubink, Hoekema, & Assies, 2009). Posisi hukum yang hidup dalam RUU KUHP menunjukkan kecenderungan yang terakhir.…”