The Enforceability of Formalised Customary Land Rights in Indonesia
16 Pages Posted: 30 May 2019
Date Written: May 30, 2019
Abstract
Over the past two decades, the Indonesian government has intensified efforts to recognise customary land rights by formalising them. Formalisation can help establish the legal validity of entitlements to land, thereby providing right holders with legal certainty. One consequence of formalisation is that customary (adat) rules in respect of land become integrated into the formal system, and enforceable. This article examines two ways that formalisation can take place in Indonesia: by recognising the authority of an adat law community to control and manage customary land rights, and by granting rights to an adat law community through a state administrative decision. Discussing both SKTA (Surat Keterangan Tanah Adat, Declaration of Customary Land Possession) and the granting of customary forest, this article shows that formalisation of customary land rights under both mechanisms has been hindered by inconsistent laws and regulations and resistance from bureaucrats and corporations. It argues that legal inconsistencies and resistance will prevent the main goal of formalisation: to protect the traditional land rights of Adat law communities.
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