Hot spot of emission and confusion: land tenure insecurity, contested policies and competing claims in the central Kalimantan ex-mega rice project area ICRAF Working paper no. 98 (original) (raw)
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2010
The views expressed in this publication are those of the author(s) and not necessarily those of the World Agroforestry Centre. Articles appearing in this publication may be quoted or reproduced without charge, provided the source is acknowledged. All images remain the sole property of their source and may not be used for any purpose without written permission of the source. Disclaimer This report summarizes the findings of a RATA (RApid Tenure Claim Appraisal) study aimed to inventory the various claims to land tenure and use rights, in the context of historical developments and policy decisions at national, provincial and district level, interacting with local communities, NGO's and private sector stakeholders. Our report does not provide formal legal opinion (and cannot be constructed to be such) about the validity of any or all of the various claims. Such validation checks will require considerable further analysis of the respective priority of the various rules and regulations to which the claims refer, in the light of incomplete or inconsistent implementation by the government of its own rules. In 'legal pluralism' mode, the de facto power to impose or sabotage rules, modification and use of natural resources is ultimately a political process of contest where legality of one's own and illegality of others' claims is used to justify action. A comprehensive settlement and negotiation process may be the most pragmatic and fair solution. We hope our findings contribute to the mutual understanding between the various claimants. Efforts to reduce the carbondioxide emissions from this 'hot spot' will depend on success in resolving the 'hot spot' of contested rights (local, customary, and statutory) in an area where former policies and national program in an era of limited public political space had undermined the ecological integrity of this peat dome. Contents 1. Background and Objective.
IAEME PUBLICATION, 2020
Agricultural land conversion must be controlled. The way to do this is by making spatial plans that accommodate the sustainability of agricultural lands to support national food security. The spatial plan must be supported by regulations both at the national and regional levels as a policy that is more operational to prevent or control conversion of agricultural land. The control strategy is through regulations that can suppress and control the rate of land use change and stakeholder views on the existence of policy regulations and legal instruments (laws and regulations), economic instruments (incentives, disincentives, compensation) and zoning (restrictions on the conversion of agricultural land functions). Each regency must determine the area of sustainable food-producing agricultural land, namely agricultural land that is protected and developed to produce staple food. Operational activities to prevent or control the conversion of agricultural land are carried out based on sustainable food agriculture land planning which includes: (1) Sustainable food agriculture areas, (2) Sustainable food agricultural land, and (3) Sustainable food agriculture land reserve
LAND RIGHTS: NATIONAL AND INTERNATIONAL LAND POLICY FRAMEWORK, TREATIES AND GRASSROOTS REALITIES
International Journal of Multidisciplinary Research and Technology, 2023
Ownership of land and allied resources is an emerging reason for dispute all over the globe. These disputes affect the perspective of rural growth, human rights, indigenous culture, ecological conversation, and attempt to combat changes in climate conditions. Traditionally, most of the land resources are governed and owned by the local and indigenous communities through their customary tenure system. In the last several decades due to various reasons, the perspective towards land resources is changed and land became a commodity. The landowners have also changed their perspective and used it as a commodity to get financial resources. The land is a primary source of developing livelihood assets of humans and the life cycle of biodiversity. Recent trends in land markets and emerging land conflicts are indications of future societal and administrative problems. To minimize further impacts proper policies and protection measures are important. Protection of the traditional rights of indigenous people is a primary duty of governance and society. The appropriate policies and conflict resolution mechanism is important to secure the livelihood of forest dwellers. This paper is intended to address the emerging challenges and land rights issues from a wider perspective.
Claiming Rights to the Forest in East Kalimantan: Challenging Power and Presenting Culture
SOJOURN Journal of Social Issues in Southeast Asia, 2018
Dayak individuals and groups engage in “plural ecologies” which are characterized by different ways of integrating humans and non-humans as well as by different conceptualizations of “nature”, “land”, and “development”. This is exemplified by two struggles for the maintenance of customary rights in East Kalimantan: a rather forlorn dispute over land with a coal mining company and a promising attempt to secure customary rights to a forested mountain area. Focusing on individual and collective actors allows to address how people appropriate and engage with different and partly contradictory ontological assumptions.
Agricultural land conversion must be controlled. The way to do this is by making spatial plans that accommodate the sustainability of agricultural lands to support national food security. The spatial plan must be supported by regulations both at the national and regional levels as a policy that is more operational to prevent or control conversion of agricultural land. The control strategy is through regulations that can suppress and control the rate of land use change and stakeholder views on the existence of policy regulations and legal instruments (laws and regulations), economic instruments (incentives, disincentives, compensation) and zoning (restrictions on the conversion of agricultural land functions). Each regency must determine the area of sustainable food-producing agricultural land, namely agricultural land that is protected and developed to produce staple food. Operational activities to prevent or control the conversion of agricultural land are carried out based on sustainable food agriculture land planning which includes: (1) Sustainable food agriculture areas, (2) Sustainable food agricultural land, and (3) Sustainable food agriculture land reserves.
M. Nazir Salim, Diah Retno Wulan, Sukmo Pinuji; Forest and Society; doi.org/10.24259/fs.v5i1.10552, 2021
Longstanding land tenure claims in state forest by communities continues to pose a challenge to government institutions in Indonesia. Such conditions require institutions to develop mechanisms to assure communities of their rights in the state ideals of manifest justice and welfare. One government policy to reconcile these goals is the mechanism on Land Tenure Settlement Reconciliation in State Forests (Penyelesaian Penguasaan Tanah dalam Kawasan Hutan/PPTKH). This study aims to describe this policy in the context of fieldwork experience related to fundamental problems in the process of identification and settlement of land tenure claimed by communities in state forests. Data collection was obtained through participant observation conducted with communities in Ogan Kemoring Ulu Regency by identifying and verifying community lands in state forests. This method allowed for a more nuanced understanding of settlement challenges and afforded the opportunity to develop a formula for addressing conflicts. The results of the study show that the main problems are a lack of access to information related to the PPTKH policy emergent from ineffective dissemination of information combined with an underdeveloped capacity of processes that support the community to convene and discuss with government actors, academics/researchers, and activists/scholars. The participative learning process conducted by the authors helped the community effectively prepare documents to propose to an Inventory and Verification (Inver) team of Land Tenure in State Forests. Therefore, going forward more collaborative work is needed within the framework of community assistance and capacity building so that the communities have the means and resources to able to understand the challenges of land tenure recognition and be empowered to propose such mechanisms independently. Communities who claim land in state forests depend upon formalized legality, without which can potentially harm their access and assets.
Contesting Knowledge of Land Access Claims in Jambi, Indonesia
Land constitutes productive space, as well as a commodity. For this reason, land has become a contestation arena for various interested actors of all scales. The strategists of knowledge construct a wide variety of knowledge frameworks relating to land access claims. This research identifies particular forms of knowledge on land access and examines how knowledge of land access claims is contested. This research will contribute to the debates on knowledge of land access, which have been shaped by historical contexts, political and economic interests, as well as access relations; while land has been contested in the name of livelihoods, economic growth, and power. This research used the multi-sited ethnography approach by following the actors, events, policies and stories within the dimensions of space and time. This research was conducted in the former Asialog forestry concession; specifically, in two places: Bungku Village in Batanghari District and Tanjung Lebar Village in Muaro Jambi District. I have used the term community to specify geographical and population units in my research location. The communities covered were Bungku Indah,
Global environmental studies, 2023
Indonesian central and local governments have not made serious effort to recognize and protect the rights of the adat community (masyarakat adat; indigenous/traditional community) or adat law community (masytarakat hukum adat; customary law community), despite the Indonesian Constitution of 1945 and many national laws enacted to recognize such rights. In practice, government institutions facilitate conversation of traditional forest lands to other uses, often plantations. Rantau Baru is one adat community where customary territorial management has been eroded by outsider interests, including concession companies, leading to social conflict and environmental damages, including peatland fires. By presenting maps produced from the perspective of the Rantau Baru villagers, this chapter explores the difficulties that adat communities face regarding government mapping policies and suggests the significance of participatory mapping projects to re-establish sustainable adat community management of customary lands.