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Certification/land titling

Advocates of formalising land boundaries, access conditions, and land ownership argue that it can remove insecurities and ambiguities. Land certification is seen as a means of allowing subjects to become fully fledged players in an integrated market economy, an economic growth strategy associated with establishing free land markets (Zoomers 2010).

In this perspective, certification (or land titling) can provide a range of benefits, such as tenure security, credit access, and investment incentives. While titling can lead to debt and land alienation, it aims to guarantee the poor's tenure security by upgrading personal rights into legally protected rights (such as freehold). Advocates argue it can provide for the transfer of rights and promote efficient land use by allowing it to be sold or traded to more efficient users, thereby allowing investors to put it into ‘higher value' uses. This approach has come to dominate land policies in recent decades (globally and in Indonesia). However, the capacity of state legal institutions to provide just and effective land governance is often overestimated (Otto and Hoekema 2012). We return to land titling in Indonesia below.

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Source: Bedner Adriaan (ed.).. Real Legal Certainty and its Relevance: Essays in Honor of Jan Michiel Otto. Leiden University Press,2018. — 261 p.. 2018
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