《土地宪法》颁布后土地权利的地位

A. Usman
{"title":"《土地宪法》颁布后土地权利的地位","authors":"A. Usman","doi":"10.55357/ijrs.v2i3.190","DOIUrl":null,"url":null,"abstract":"The right of ulayat is the right of the legal alliance to freely use lands that are still forests within its territory, for the benefit of the legal alliance itself and its members, or for the benefit of outsiders (immigrants, foreigners) but with its permission and always with the payment of recognition of recognition, in which the legal alliance continues to intervene, hard or not, also on the land that has been cultivated by people who are located in the environment of his territory. The right of ulayat as the right of indigenous peoples to land, recognized its position by uupa, as stated in Article 3, which stipulates that ulayat rights and similar rights of indigenous law communities can still be implemented by the indigenous law community concerned as long as the ulayat rights in reality still exist. Based on the discussion, it can be concluded that the status of the land of ulayat rights after the enactment of the Agrarian Basic Law is related to whether or not the ulayat rights themselves exist. Against the right of ulayat which in reality still exists, the status of the land of the ulayat rights is still as it was before the enactment of the Agrarian Principal Law, that is for the purposes of legal federation, for the purposes of members of the legal federation, and for non-members of the legal federation, the latter on condition of paying the recognition money. Against ulayat rights which in reality no longer exist, the status of land rights is changed to the purposes of the nation and the State, under the authority to govern by the State, in this case the Government of the Republic of Indonesia and is run by the Regional Government.","PeriodicalId":296591,"journal":{"name":"International Journal Reglement & Society (IJRS","volume":"4 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Status for Land Rights Ulayat After The Enactment of The Agrarian Constitution\",\"authors\":\"A. Usman\",\"doi\":\"10.55357/ijrs.v2i3.190\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The right of ulayat is the right of the legal alliance to freely use lands that are still forests within its territory, for the benefit of the legal alliance itself and its members, or for the benefit of outsiders (immigrants, foreigners) but with its permission and always with the payment of recognition of recognition, in which the legal alliance continues to intervene, hard or not, also on the land that has been cultivated by people who are located in the environment of his territory. The right of ulayat as the right of indigenous peoples to land, recognized its position by uupa, as stated in Article 3, which stipulates that ulayat rights and similar rights of indigenous law communities can still be implemented by the indigenous law community concerned as long as the ulayat rights in reality still exist. Based on the discussion, it can be concluded that the status of the land of ulayat rights after the enactment of the Agrarian Basic Law is related to whether or not the ulayat rights themselves exist. Against the right of ulayat which in reality still exists, the status of the land of the ulayat rights is still as it was before the enactment of the Agrarian Principal Law, that is for the purposes of legal federation, for the purposes of members of the legal federation, and for non-members of the legal federation, the latter on condition of paying the recognition money. Against ulayat rights which in reality no longer exist, the status of land rights is changed to the purposes of the nation and the State, under the authority to govern by the State, in this case the Government of the Republic of Indonesia and is run by the Regional Government.\",\"PeriodicalId\":296591,\"journal\":{\"name\":\"International Journal Reglement & Society (IJRS\",\"volume\":\"4 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-09-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal Reglement & Society (IJRS\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.55357/ijrs.v2i3.190\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal Reglement & Society (IJRS","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.55357/ijrs.v2i3.190","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

ulayat的权利是法律的权利联盟免费使用土地仍在其区域内的森林,为法律联盟本身和其成员的利益,或者为了外人的利益(移民,外国人),但其许可,总是支付识别的识别,在法律联盟继续干预,努力与否,也已经被人种植的土地位于环境他的领土。乌拉亚特权利是土著人民对土地的权利,乌upa承认其地位,如第3条所述,该条规定,只要乌拉亚特权利在现实中仍然存在,乌拉亚特权利和土著法学界的类似权利仍然可以由有关的土著法学界实施。综上所述,《土地基本法》颁布后乌拉权土地的地位与乌拉权本身是否存在有关。与实际上仍然存在的乌拉亚特权利相反,乌拉亚特权利的土地地位仍然与《土地基本法》颁布之前一样,即为了合法联邦的目的,为了合法联邦的成员,为了非合法联邦的成员,后者的条件是支付承认金。与实际上已不存在的乌拉亚特权利相反,土地权的地位改变为民族和国家的目的,在国家的管理权力之下,在这种情况下是印度尼西亚共和国政府,并由区域政府管理。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Status for Land Rights Ulayat After The Enactment of The Agrarian Constitution
The right of ulayat is the right of the legal alliance to freely use lands that are still forests within its territory, for the benefit of the legal alliance itself and its members, or for the benefit of outsiders (immigrants, foreigners) but with its permission and always with the payment of recognition of recognition, in which the legal alliance continues to intervene, hard or not, also on the land that has been cultivated by people who are located in the environment of his territory. The right of ulayat as the right of indigenous peoples to land, recognized its position by uupa, as stated in Article 3, which stipulates that ulayat rights and similar rights of indigenous law communities can still be implemented by the indigenous law community concerned as long as the ulayat rights in reality still exist. Based on the discussion, it can be concluded that the status of the land of ulayat rights after the enactment of the Agrarian Basic Law is related to whether or not the ulayat rights themselves exist. Against the right of ulayat which in reality still exists, the status of the land of the ulayat rights is still as it was before the enactment of the Agrarian Principal Law, that is for the purposes of legal federation, for the purposes of members of the legal federation, and for non-members of the legal federation, the latter on condition of paying the recognition money. Against ulayat rights which in reality no longer exist, the status of land rights is changed to the purposes of the nation and the State, under the authority to govern by the State, in this case the Government of the Republic of Indonesia and is run by the Regional Government.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信