Adat in Indonesian Land Law: A Promise for the Future or a Dead End?

Bedner, A.W.; Arizona, Y.

At present the contestation of the Indonesian state’s dispossessory policies regarding land and other natural resources is dominated by a discourse based on adat. This situation is reminiscent of the colonial period, when invoking adat was a relatively effective means of protecting Indonesians from losing their land to plantation companies supported by the Netherlands–Indies government. However, adat lost its traction when Indonesia became independent and the new state started to vigorously pursue nation building and economic expansion. Only after the end of the New Order in 1998 did civil society groups revive the adat defence against dispossession. This article analyses current debates and developments concerning the place of adat in national land law and its potential for protecting communities against dispossession of their land by the Indonesian state. We argue that the promotion of adat has produced few concrete results and that it is unlikely to be more successful for this...Show moreAt present the contestation of the Indonesian state’s dispossessory policies regarding land and other natural resources is dominated by a discourse based on adat. This situation is reminiscent of the colonial period, when invoking adat was a relatively effective means of protecting Indonesians from losing their land to plantation companies supported by the Netherlands–Indies government. However, adat lost its traction when Indonesia became independent and the new state started to vigorously pursue nation building and economic expansion. Only after the end of the New Order in 1998 did civil society groups revive the adat defence against dispossession. This article analyses current debates and developments concerning the place of adat in national land law and its potential for protecting communities against dispossession of their land by the Indonesian state. We argue that the promotion of adat has produced few concrete results and that it is unlikely to be more successful for this purpose in the future. Given Indonesia’s current social and political realities, any land rights strategy for protecting people against dispossession that is based on indigeneity is problematic, and alternative approaches are needed.Show less

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Adat in Indonesian Land Law: A Promise for the Future or a Dead End?