Customary Land Research Articles

Settlement of Customary Law Community Land Disputes in Byosi Village Keerom Regency Perspective of Regulation of the Minister of State for Agrarian Affairs/KBPN Number 5 of 1999

Customary land disputes occur in customary law communities in Byosi village, Keerom Regency, where customary land ownership often overlaps in the same location or place and can be owned by two or more people. This is what causes problems and there are disputes over customary land between customary law communities. The aim of this research is to determine the resolution of disputes over overlapping customary land ownership among customary law communities in Byosi Village, Keerom Regency. This research method is normative juridical and empirical, a research method that refers to legal norms contained in statutory regulations, library materials, written regulations or other legal materials that are secondary in nature and also realities that occur in the midst of Byosi traditional law community, Keerom Regency. The results of this research reveal that the resolution of disputes over overlapping customary land ownership in Byosi Village was carried out using deliberation which was chosen because it suited the character and way of life of the traditional law community in Byosi Village which was familial in nature, compared to resolving disputes through court institutions which tended to be confrontational in nature. , takes more into account winning and losing, takes into account more realistic aspects and ignores the social elements in traditional communities which are familial in nature.

ADAT NATIONAL PARK AS LEGAL POLITICS OF LIVING SPACE OF ANAK DALAM TRIBE

The Anak Dalam Tribe in Bukit Dua Belas National Park faces significant challenges due to conflicting paradigms between state control over national parks and customary land rights which sacrifice the interest of Anak Dalam Tribe. This study underscores the urgent need for a shift in the conservation legal paradigm to safeguard the tribe's living space. Employing a non-doctrinal research method, it examines law as a social reality within the tribe's habitat. The findings advocate for a new conservation model termed "Adat National Park." This model integrates traditional, environmentally friendly practices in collaboration with the National Park Authority. Such an approach aims to harmonize state conservation efforts with indigenous land rights, ensuring the tribe's active participation in management and the preservation of their cultural and ecological heritage. By adopting this model, it is possible to create a balanced and sustainable conservation strategy that respects both state interests and the rights as well as traditions of the Anak Dalam Tribe.

Perlindungan Hukum terhadap Tanah Ulayat Masyarakat Adat yang Masuk Ke dalam Pembangunan Ibu Kota Negara

This research examines the legal protection of customary lands of indigenous communities involved in the development of special economic zones (IKN). This research uses a legal approach and case studies to analyze the impact of IKN development on the customary rights of indigenous communities. The results of this research highlight the challenges associated with IKN development and potential violations of customary land rights. This study also reviews the existing legal framework and recommends improving and strengthening legal protection for indigenous peoples. Therefore, this study contributes to a deeper understanding of the dynamics of legal protection of customary land in the changing IKN development environment and highlights the importance of supporting the rights of indigenous peoples for sustainable development.

Perlindungan Hukum Hak Memunggut Hasil Hutan Bagi Suku Anak dalam di Propinsi Jambi

The right to collect forest products (forestry right) is one of the rights to land originating from customary land law which is then recognized as part of land rights that are permanent in the Agrarian Act Number 5 of 1960. The concept of the right to collect forest products is now interpreted as a right what big entrepreneurs can have in managing forests is of economic values, and not as a basis for the rights of indigenous/local peoples who have a living culture by relying on the existence of forest products. This different interpretation ultimately gave birth to policies and legal actions that deprived indigenous/local peoples of their rights to the forest as stated and recognized by the 1945 Constitution as part of protected customary rights. One of the indigenous/local people who use forest products as their source of life is the Suku Anak Dalam (Orang Rimba) community in the Sarolangun Regency area. The many functions of forest land conversion into industrial plantations, as well as the licensing of business use rights over customary forests make the living space and movement of these communities increasingly limited, even in the end giving birth to various land conflicts between indigenous peoples and forest entrepreneurs in the region. Therefore in the future a law is needed that regulates the right to collect forest products as permanent land rights and can provide justice to indigenous people through legal certainty, where the Suku Anak Dalam community is no longer seen as forest looters, or illegal occupation.

The Position of Ulayat Rights in Land Provision in the Implementation of National Development Viewed from the Perspective of Positive Law and Islamic Law

Customary rights often face problems when connected with national development due to the legal status of customary land. In connection this matter, research is needed in order to understand the position of customary land in relation to national development. of customary land when it is connected with national development. In order to to examine this, the research in this case uses normative juridical research because an in-depth understanding is needed with regard to regulations that discuss regarding customary rights. The result of this research is the position of of customary rights in land acquisition in the context of national development is still very weak, which is due to the absence of regulation on customary rights. very weak, which is due to the absence of a more detailed regulation of customary rights. so that the customary rights community lacks supporting evidence and legality to obtain compensation. supporting evidence and legality to obtain compensation for the utilisation of customary rights for national development. for national development.

Legal Dilemma for Land Deed Officials in Transferring Land Title Within Agrarian Reform in Indonesia: A Study in Aceh Province

The agrarian reform policy in Indonesia is expected to reduce inequality in land ownership and control, provide legal certainty and reduce land disputes by making various changes to legislation and government policies. This article aims to explore the dilemma of transferring land rights in Indonesia in terms of legal certainty and justice for Land Deed Making Officials (Pejabat Pembuat Akta Tanah/PPAT) who have often faced legal proceedings, referring to cases in Aceh Province, Indonesia. This research uses empirical juridical methods with a case study approach, data collection techniques, interviews, observation and document study. The results of the research show that Land Deed Making Officials have a high legal risk in transferring land rights in Indonesia, especially if there are deviations, errors or mistakes in the procedures for making deeds, so that Land Deed Making Officials are held administratively, civilly and criminally responsible. This problem occurs because of differences in interpretation regarding PPAT's obligation to carry out field verification, lack of legal protection, and lack of village-based land data. This study offers new insights into strengthening customary land database institutions at the village level supported by the National Land Agency. So, this offer helps unravel the complexity of the land transfer process and offers a potential solution for better justice for Land Deed Making Officials under the Jokowi government's agrarian reform, and guarantees justice and certainty for land owners, as a way to achieve the welfare of the people in Indonesia.

Land Tenure Policies and Property Rights Affecting Livestock Production in Bangladesh

Purpose: The aim of the study was to investigate land tenure policies and property rights affecting livestock production in Bangladesh. Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: The study revealed a significant influence of secure land tenure on livestock productivity, investment decisions, and sustainability. Secure property rights are consistently associated with higher levels of livestock productivity, increased investment in animal husbandry practices, and improved land management strategies among rural households. Moreover, tenure security facilitates long-term investments in livestock genetic improvement programs, leading to higher milk yields and improved household incomes among dairy farmers. Unique Contribution to Theory, Practice and Policy: Institutional Theory & Property Rights Theory may be used to anchor future studies on land tenure policies and property rights affecting livestock production in Bangladesh. Promote community-based natural resource management approaches that recognize customary land tenure systems. Empowering local communities to manage their grazing lands can enhance ecological sustainability, reduce conflicts, and improve livelihoods among pastoralist groups. Advocate for the legal recognition of customary land rights and indigenous knowledge systems in national land tenure policies. Acknowledging traditional tenure arrangements can strengthen tenure security, promote social equity, and enhance the resilience of livestock production systems.

Competing claims on land in the solar age: Valorising capital or Country in Australia?

The colonisation of Australia was predicated on the premise of terra nullius, a contention that was successfully challenged two centuries later, confirmed with the legislation of land rights in the Native Title Act 1993. In a classic case of ‘accumulation by dispossession’, while formal land rights and the right to contract the use of native title land were legislated, in the Pilbara in Western Australia the reality was otherwise. Iron ore mining companies disregarded heritage safeguard agreements, a contractual violation which damaged their reputation which was being scrutinised as major CO2 emitters. Confronting a coincidental energy cost crisis, companies turned to acquire more land to establish renewable energy generating capacity and a new model of accumulation. Drawing on Peck and Polanyi, we posit the notion of socioecological orders, and distinguish between the instrumental approach to land as a key frame in the accumulation of capital, and First Nations peoples' concept of belonging to Country and stewardship. This provides a method for considering the interaction of two distinct socioecological orders and the evolving tensions or contradictions that are generated. The restoration of the colonisation project calls native title land into the service of capital to provide the foundations for a renewable energy generation industry. This not only results in dispossession, it can also result in estrangement and alienation that compromises the integrity and reproduction of First Nations' communities and impels new modes of socioecological organisation.

Why a strategic shift in action is needed to recognise and empower Indigenous plant pathology knowledge and research

Plant pathology researchers play a pivotal role in thought leadership and its translation to action regarding the recognition and demonstration of the value of Indigenous knowledge and science. For many scientists, navigating the space of Indigenous rights and perspectives is challenging. In pursuit of a cultural shift in research and development within the field of plant pathology, the 2019–2021 Management Committee of the Australasian Plant Pathology Society (APPS) undertook a review and modernization of the Society’s Constitution. The aim was to ensure its alignment with principles that foster inclusivity of Indigenous peoples in the development and implementation of relevant research projects impacting their communities. Additionally, a dynamic repository of guidelines and resources was compiled. These resources are designed to assist plant pathologists, while respecting and not superseding the guidance provided by local Indigenous researchers, practitioners, and advisors. The collective efforts of plant pathologists hold immense potential in championing Indigenous Peoples and their rights, steering the field toward a more inclusive and equitable future. This paper builds upon the thesis presented in the APPS Presidential Address at the Biennial APPS Conference in 2021, held virtually in lutruwita (Tasmania) on the unceded lands of the Palawa people. It underscores the potential impact when plant pathologists unite in advocating for Indigenous Peoples and their rightful place within the field.

Beti’s Perspective: Using Critical Race Theory’s Composite Counterstory to Interrupt Antiracism Projects in Vancouver, BC

Building on research conducted in feminist organizations in Vancouver, British Columbia, on the unceded territories of the xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), and səlilwətaɬ (Tsleil-Waututh) Nations, this paper explores the role, relationship, and responsibility of advocating for antiracism and social justice in the context of antiracism projects in feminist nonprofit organizations. In doing so this paper asks: What do antiracism projects look like in feminist organizations? And how are these projects informed or interrupted by racialized and Indigenous activists within these spaces? Using critical race theory’s composite counterstory, this paper uses storytelling methodologies to understand how racialized settlers and Indigenous folks can collaborate and thrive – as they have been doing – on occupied unceded territories in Canada. Based on a series of interviews with racialized and Indigenous activists engaging in feminist nonprofit organizations, these stories shed light on contemporary realities of colonization, including collaboration within white settler systems.

Mobilising Papua New Guinea’s Conservation Humanities: Research, Teaching, Capacity Building, Future Directions

Abstract We suggest that the emerging field of the conservation humanities can play a valuable role in biodiversity protection in Papua New Guinea (PNG), where most land remains under collective customary clan ownership. As a first step to mobilising this scholarly field in PNG and to support capacity development for PNG humanities academics, we conducted a landscape review of PNG humanities teaching and research relating to biodiversity conservation and customary land rights. We conducted a systematic literature review, a PNG teaching programme review, and a series of online workshops between the authors (10 PNG-based, 7 UK-based). We found a small but notable amount of PNG research and teaching focused on biodiversity conservation or customary land rights. This included explicit discussion of these topics in 8 of 156 PNG-authored humanities texts published 2010-2020 and related teaching content in the curricula of several different humanities-based programmes. We discuss current barriers to PNG academic development. The growth of fully fledged in-country conservation humanities will require a joint collaborative effort by PNG researchers, who are best placed to carry out such work, and researchers from abroad who can access resources to support the process.

Peranan Kerapatan Adat Nagari dalam Menyelesaikan Sengketa Tanah Ulayat di Kenagarian Koto Tangah Kecamatan Tanjung Emas Kabupaten Tanah Datar

Customary land disputes are one of the problems that often occur in Indigenous communities, including in Nagari Koto Tangah, Tanjung Emas District, Tanah Datar Regency. Nagari Traditional Density (KAN) is an important element in the Minangkabau Indigenous community. Kerapatan Adat Nagari (KAN) is a traditional institution that functions to resolve various problems in traditional communities, including customary land disputes. This research aims to analyze the role of the Nagari Customary Association (KAN) in resolving customary land disputes in Nagari Koto Tangah, Tanjung Emas District, Tanah Datar Regency. This research uses qualitative research with an empirical juridical approach. The qualitative research method was chosen because this research aims to understand the role of the Nagari Traditional Village (KAN) in resolving customary land disputes in depth. The results of the research show that the Nagari Customary Meeting has an important role in resolving customary land disputes in Nagari Koto Tangah, Tanjung Emas District, Tanah Datar Regency. The Nagari customary meeting acts as a mediator, arbitrator, alternative resolution. The Nagari Customary Meeting has several advantages: it is faster in resolving problems, more fair and wiser, and maintains harmony better. This research provides suggestions so that the Nagari Customary Association continues to be empowered as an institution for resolving customary land disputes in the Minangkabau traditional community.

The Legal Protection for the Recognition of Customary Right in Agrarian Regulations

The purpose of this research, to find out the extent to which customary law community land rights are recognized in Indonesian legislation. This article is legal research type of library research by using a statutory regulatory approach (Statute Approach). For customary law communities, Land is part of their lives that is controlled and managed jointly with the responsibility given by nature to maintain and protect it. In reality, a lot of customary land has been taken by the government and used as agricultural land, Even though customary law communities have legal standing regulated in the 1945 Constitution, Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, MPR Decree No. IX/2001, Law Number 39 of 1999 concerning human rights. However, in reality, the government still takes customary land which is then given to investors to manage. This of course infringes the rights of customary law communities. This problem is exacerbated because in article 5 paragraph (1) of Law number 41 of 1999 concerning Forestry states that customary forests are part of state forests.

Property Institutions and State Capacity: A Comparative Analysis of Chinese Agricultural Projects in Zambia

A long-standing literature argues that African states have weak capacity, especially in regulating land. Increasingly, scholarly work on foreign land acquisition in developing countries recognizes that the African states and subnational actors have played an important and diverse role in (re)structuring access and control over land and natural resources. I contribute to this scholarship by focusing on the role of African property institutions and propose a land tenure regime theory as the mechanism through which foreign agricultural projects and African state capacity interact. By process-tracing three Chinese agricultural projects in Zambia as typical cases, I show that Zambian state structures investment strategies of Chinese investors through different configurations of rule of land access, transfer and control in each LTR. Furthermore, Zambian state capacity in enforcing contract and projecting infrastructural power can be reinforced or tested through investing CAgriIs in different LTRs. My findings challenge the ‘weak state’ argument and raise important questions of how African governments should approach rural development on customary land.

Women’s Land Access and Gendered Outcomes in Northern Ghana

In rural Ghana, women encounter patriarchal values that restrict their access to productive agricultural lands. This undermines the productive capacity of women, affecting sustainable food production. Using mixed methods, we provide new insights into gendered land access in Northern Ghana. A sample of 228 household heads was surveyed from seven major communities across the study area. In-depth interviews were conducted with chiefs and women associations. Findings indicate that land-based decisions are mainly made by men as women were assigned to less fertile farmlands. As a result, women are disproportionately poorer and experienced occasional bouts of hunger. Outcomes of gendered land access were precarious, affecting poverty reduction, food security and women empowerment. The study recommends joint ownership of lands as a point of entry into customary land decision-making platforms by women. A deeper understanding of women’s land access dynamics in order to mainstream the same into land-sector policies was proffered.

PASTORALIST MOBILITY ALONG THE SUDANESE ETHIOPIAN BORDERLAND: TOWARDS COOPERATIVE LAND MANAGEMENT

This study followed an interdisciplinary mixed approach that consisted of social research methods and geospatial technology to investigate the livestock mobility of four pastoralist groups from Sudan and two Ethiopian pastoralist groups who fled to Sudan due to the conflict in the Tigray region. The study area is a shared borderland located between the two countries and is part of Gadarif State in Sudan and the Tigray and Amhara regions in Ethiopia. The findings of the study showed that there are diverse types of pastoral mobility in the borderland, ranging from short and circular movement to wide and directional type of mobility in response to seasonal variations, the spread of mechanised farming and the eruption of insecurity events. Despite facing numerous challenges including the governments’ restrictions on cross-border movement and the prevalence of looting and rustling, trans-boundary mobility is practised by most pastoralist groups in the borderland. Pastoralist leaders are playing an important role in facilitating cross-border mobility. The recent conflict in the Tigray region forced many Ethiopian pastoralists to flee to Sudan with their animals, and they have had to cope with this situation by reducing the number of head they own and limiting their mobility to a more confined area. Despite competing claims by both governments, there is a pressing need for a cooperative land management policy applying soft border arrangements that incorporate customary land use rights for pastoralists from both sides, instead of the hardline border policies currently in place. This article was published open access under a CC BY-NC 4.0 licence: https://creativecommons.org/licenses/by-nc/4.0/ .

Juridical Problematics Of Business Use Rights Over Management Rights

Cultivation rights according to the UUPA are granted on state land, but in its current development cultivation rights can be granted on state land and land with management rights. Management rights as control rights from the state, the authority to implement which is partly delegated to the holder of management rights, in the development of regulations can be granted on state land and customary land. The purpose of this writing is to describe the juridical problems of cultivation rights over management rights. The method used is normative legal research with priority on secondary data which is analyzed qualitatively. Inconsistencies occur between PP No. 18 of 2021 and UUPA, indicating a violation of the principle of lex superior derogate legi inferiori. This creates juridical problems with cultivation rights over management rights, and can result in legal uncertainty for holders of cultivation rights over management rights.

Implications for the Development of the National Capital of the Archipelago and Protection of Customary Law Communities: A Review of Law Number 3 of 2022

The construction of the National Capital City (IKN) of the Archipelago in East Kalimantan has significant implications for the customary law communities who inhabit the region. This research examines the implications of IKN development for the rights and lives of indigenous peoples based on Law Number 3 of 2022 concerning National Capital. This research uses qualitative methods with a normative juridical approach. Data was collected through document study and analysis of statutory regulations, especially Law No. 3 of 2022. The research results show that IKN development has potential positive and negative implications for customary law communities. On the one hand, IKN development can open up opportunities for access to education, health and the economy for indigenous communities. On the other hand, IKN development can also result in marginalization and deprivation of indigenous peoples' rights to customary lands and territories. Protection of the rights and lives of customary law communities in the development of IKN needs to be the government's main concern. Concrete efforts such as recognizing and establishing customary territories, involving indigenous communities in the development process, and providing fair access to resources need to be made to ensure equitable and sustainable IKN development.

Patterns of Indigenous Land Tenure and Utilization: Comparison of Customary Law in Balinese and Acehnese People

Aim: This study examines and analyzes changes in patterns of tenure and utilization of customary land in line with changes and developments in society in the era of globalization and tourism industry both in Bali and in Aceh. There were lands that were originally customary lands. Customary. Some have changed their function while others are still functioning as customary lands. The purpose of this study is to analyze the causes of changes in patterns of tenure and utilization of customary lands in the Indigenous Peoples of Bali and Aceh. Before the change in orientation related to the use of customary land which still adheres to the communal and religious functions of customary land, but along with economic development and in the era of globalization, the tenure and utilization of customary land has undergone changes that lead to economic orientation. A controversial issue in land is the concept of economic function and social function of land which is the basis for excessive land use. One of the sources of the problem is the construction of tourism facilities, resulting in the economic value of the land being so high. Methods: This study uses mixed methods as legal research, namely between normative and empirical legal research by using field data and secondary data. Results: Found that in anticipating changes in the pattern of tenure and utilization of customary lands in the indigenous peoples of Bali and Aceh, the government and stakeholders need to design and implement various policy models that can maintain the sustainability of culture, environment, and the interests of the indigenous peoples of Bali and Aceh. A policy model that favors indigenous peoples in providing protection for customary lands in Bali and in Aceh. Community involvement and facilitating institutional development within indigenous peoples in decision-making in the ownership and use of customary land. Conclusion: Indigenous Peoples in the era of globalization have an important role in anticipating changes in the pattern of tenure and utilization of customary land in order to maintain cultural values, identity, and community welfare. For this reason, steps need to be taken, including strengthening indigenous peoples through education and self-awareness, strengthening identity and culture, active involvement of indigenous peoples in decision making and the establishment of customary institutions in representing indigenous peoples related to their interests.

Countering durian plantationocene visuality and the erasure of natureculture histories in Malaysia

ABSTRACT Large-scale durian plantations are now a major threat, causing deforestation and displacing the Orang Asli, the aboriginal peoples of Peninsular Malaysia, from their customary lands. This paper focuses on visual representations of the durian plantations and/or forest to discuss two contrasting views of the landscape. We analyse durian plantation corporate investment videos wooing public investors and videos of the Temiar Orang Asli’s resistance against forced evacuations by the durian companies in Gua Musang, Kelantan. The landscape presented in the corporate video is one that silently but violently erases the Indigenous Peoples of the land and their natureculture histories through high modernist ideology and aesthetics. Counterposing the corporate plantationocene visuals against the raw footage from the amateur videos shot on mobile phones, the Orang Asli galvanize emotionally moving countervisuality as witness to their resistance against the violence enacted by corporate occupation. By doing so, they are actively using visual documentation to tell their side of the story and to demand justice. Drawing from posthumanism, environmental humanities and critical visual studies, this paper presents a decolonial critique of the modernist/developmentalist discourse and highlights the violence of the erasure of natureculture in an extractive economy.