Persistent URL of this record https://hdl.handle.net/1887/3309795
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Rethinking Adat strategies: the politics of state recognition of customary land rights in Indonesia
Using a socio-legal research method, this book demonstrates the complexity of the legal recognition process of customary land rights in land dispute settings. It shows how the state legal framework deliberately repressed customary land rights over time, from the colonial period to the present. Detailed case studies also reveal competing interests among community members and their changing strategies in facing land conflicts. Finally, the book explores what happened in practice after communities did obtain legal recognition and whether that indeed solved their land problems.
This dissertation invites...Show moreWorldwide, the legalisation of customary land rights has become a strategy for resolving land conflicts between local communities with companies and state agencies. In Indonesia, NGOs have been promoting that strategy through campaigns for changing the legislation and directly assisting adat communities in concrete cases of land conflicts. However, success has been limited.
Using a socio-legal research method, this book demonstrates the complexity of the legal recognition process of customary land rights in land dispute settings. It shows how the state legal framework deliberately repressed customary land rights over time, from the colonial period to the present. Detailed case studies also reveal competing interests among community members and their changing strategies in facing land conflicts. Finally, the book explores what happened in practice after communities did obtain legal recognition and whether that indeed solved their land problems.
This dissertation invites indigenous rights activists and scholars to rethink the efficacy of the legal recognition strategy in using customary land rights claims as a solution to land conflicts.
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- All authors
- Arizona, Y.
- Supervisor
- Bedner, A.W.
- Co-supervisor
- Vel, J.A.C.
- Committee
- Ubink, J.M.; Persoon, G.A.; Peluso, N.L.; Safitri, M.A.
- Qualification
- Doctor (dr.)
- Awarding Institution
- Institute for the Interdisciplinary Study of the Law , Faculty of Law , Leiden University
- Date
- 2022-06-14
Funding
- Sponsorship
- LPDP Scholarship