Research Area: Constitutional Law
Title: The Conversion of Old-Possessions into Lease Under Federal Urban Land Law of Ethiopia Vis-À-Vis the Authonomy of Regional States Under Federal Constitution
Keywords: Old Possessions, Conversion, Lease Holdings, Urban Land, Regional Autonomy Land Ownership, FDRE Constitution, and Lease Proclamation
Author(s): Habib Jemal Zeynu
Author’s Institution: Faculty of Law, Wollega University, Nekmte, Ethiopia
Volume 4 - Issue 1
Research Area: Constitutional Law
Abstract: Proclamation № 721/2011 recognizes old possessions as a non-lease form of urban landholdings possessed legally by private persons for an indefinite duration, before the introduction of a lease system in Ethiopia. However, at the same time, the proclamation stipulates a conversion policy which would ultimately change old possessions into a definite duration of the leasehold system. The purpose of this article was to analyze the validity of the institutional framework provided for the conversion, in light of the FDRE Constitution. To this end, the researcher has employed a qualitative approach which was mainly doctrinal legal research and revealed the following. The procedures of the conversion under the proclamation have ignored the autonomy of Regional Stats. Even if the FDRE constitution provides meaningful power to Regional States as to land policymaking and land administration, they are not taking part in the conversion decision. Accordingly, institutions of Regional Stats have no say on the issue of the conversion, since the conversion procedure is totally monopolized by Federal Government Institutions Viz. the House of Peoples’ Representatives, and the Council of Ministers. Hence, the Federal Government should abolish the policy of conversion, which need to repealing the pertinent provision of the proclamation. And the Federal Government should open a wide room for Regional States involvement on the merit of the conversion and determination its method.
Research Area: Criminal Justice
Title: Hindrance to The Application of The Principle of the Best Interests of the Child Under Juvenile Justice: Main Focus Tanzania Mainland
Keywords: Principle of the best interests of the child, children in conflict with the law, juvenile justice personnel
Author(s): Anne Malipula
Author’s Institution: Faculty of Law, The Open University of Tanzania, Dar Es Salaam, United Republic of Tanzania
Abstract: In Tanzania, the supremacy of the principle of the best interests of the child is provided under section 4(2) of the Law of the Child Act. The statute upholds what is enshrined in the United Nations Convention on the Rights of the Child (UN-CRC) and The African Charter on the Rights and Welfare of the Child ACRWC. All the three principal documents in matters related to children stress that: In all actions concerning the child undertaken by any person or authority the best interests of a/the child shall be the primary consideration….Amazingly neither the UN-CRC, ACRWC, LCA and it is Juvenile Court Rules of May 2016 explain what entails to the principle of the best interests of the child. That means there is no clear understanding of the standards and elements constituting the best interests of the child especially when the child has conflicted with the law. Neither do they clearly state what those best interests are?Since the adherence of the principle of the best interests of the child is a mandatory requirement imposed to every person purporting to deal with children matters and considering that no scholarly work reviewed has for instance expounded and packed together the legal analysis of the best interests principle, the guiding principles of best interests determinations, what exactly amounts to the best interests of the child, elements of the best interests’ assessment and determination processes in transnational cases, what kind of ‘interests’ are at stake? The interests of the child versus the interests of others, elements when assessing the child’s best interests and balancing the elements in the best-interests assessment together in one document for the usage of those dealing with children matters, especially stakeholders of juvenile justice. this article, therefore, addresses all the hindrances to the adherence of the principle of the best interests of the child for children in conflict with the law and suggests the way forward.
Research Area: Law
Title: Civil Relations Regulation After the Expiration of Building Rights
Keywords: Building Right, Positive Indonesian Civil Law, Basic Agrarian Law, Termination of Term
Author(s): Ida Nurhayati and Lego Karjoko
Author’s Institution: Department of Law, Faculty of Law, Universitas Sebelas Maret, Surakarta, Indonesia
Abstract: As one of the land use rights in Indonesia, building rights are land rights that have economic benefits. The general dispute over building rights is related to the expiration of the term. It has different uses of legal regulations to resolve conflicts over building rights in Indonesia. This research shows that there are differences in legal regulations, proven by the Basic Agrarian Law of 1960 (UUPA) and the Regulation of the Minister of Agrarian Affairs Number 9 of 1999 (PMNA 9/1999) which have fundamental regulatory differences. The research method used was prescriptive legal research through literature studies. Based on the results of the study, it was found that there are fundamental differences in the regulation of the expiration of the building rights. UUPA contains a regulation regarding the expiration of the building right as a state land so that the legal relationship ends. Whereas PMNA 9/1999 regulates that the Building Right, which has expired, will still cause a legal relationship. It happens if there is still a dispute between the two parties. If there are losses incurred, then the conflict must be resolved first to end the legal relationship. This research suggests that a legal relationship affirmation is needed. It can be used to regulate the termination of building rights based on the conformity that is considered appropriate in the application of positive civil law in Indonesia.
Research Area: Law
Title: Land Use Right Transfer Since the Establishment of the Ministry of Land and Spatial Planning (2015) in Indonesia: Resulting Changes
Keywords: Agrarian Law, Pejabat Pembuat Akte Tanah (PPAT), Land Reform, Buy and Sell Deed, Transfer, Land Use Transfer
Author(s): Sulaksono and Joseph Andy Hartanto
Author’s Institution: Department of Law, Universitas Dr. Soetomo, Indonesia and Department of Law, Universitas Narotama, Indonesia
Abstract: The study seeks to interrogate the resulting changes in land use and transfer since the establishment of the ministry of land and spatial planning in the year 2015 in Indonesia. The establishment of the Ministry of land and spatial planning was as a result of a merger of the pre-existing numerous legislations in Indonesia on land right transfer, bringing in a new land right transfer regime which ought to be interrogated and explained through research. The role of the official certifier of deeds, the Pejabat Pembuat Akte Tanah (PPAT) has been reinforced under the new dispensation. Land use right transfers follow the instruction stated by law in order to earn the legal certainty and legal force of the land use right. The transfer process may be executed within the legal act, one of the acts is the buy and sell statement followed by the notary deed documents as its legal support compiled by authorized officers. The clauses of buying and sale deed are described through law approaches and collect the legal materials, then it will be described in the inductive main idea. The land use right transfer through buying and selling is compiled by using PPAT, and the deed will be a requirement to administrate the legal certificate of the land which later it will be legal ownership document toward the land. The changes to land use right transfer through buying and sell statement by authority provides legal acts are highlighted as an easier way for the buyer in order to transfer the ownership over land in Indonesia.
Research Area: Corporate law
Title: A corporative overview of the corporate rescue culture in Mauritius
Keywords: Corporate rescue, Mauritius, Corporate Law, Bankruptcy, Administration
Author(s): Roopanand Mahadew
Author’s Institution: University of Mauritius
Abstract: The article assesses the corporate rescue culture in Mauritius from a comparative perspective using the UK and US legal frameworks on insolvency. The particular focus is on administration as a mode of corporate rescue. The existing laws relevant to the subject matter in Mauritius is examined and critically analysed in line with what exists under the corresponding legal framework in the two mentioned case studies. This comparative assessment results in recommendations and lessons learnt for the corporate rescue culture of Mauritius.
Research Area: Political Science
Title: An Analysis of the 10th Parliamentary Election in Bangladesh: Challenges and Possible Suggestions
Keywords: Election, Election Commission, Caretaker Government, 10th Parliamentary Election, Violence in Election
Author(s): Md. Salim Pasha
Author’s Institution: Department of Political Science, Moinuddin Adarsha Mohila College, Sylhet, Bangladesh
Abstract: 10th Parliament election in Bangladesh is one of the controversial subject matter in both the political and legal arena. Still now a debate is going on its character and effectiveness. Objectives of the study are; to identify the nature of 10th parliamentary election, to find out the extent to which this election was participatory, competitive, democratic, free and fair or not, to scrutinize the acceptability of the result of the election both in national and international arena, to highlight the role of election commission during 10th parliamentary election, to provide suggestions on concerned issues, if necessary. It is a qualitative research and only secondary sources have been used during the time of the study. It is revealed from the study that 10th parliamentary election was not participatory in nature, though it was not illegal in Constitutional perspective but there is a big question mark on its acceptability among the political parties regarding ethical standard, clashes and violence was it’s another common feature, the role of election commission was not up to the standard etc. However, this study has suggested for unanimous unity with regard to establishing a unique and fruitful election process and comprehensive efforts from legislative, executive and judiciary for a free, fair, credible and participatory election in Bangladesh