Worldwide, 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... 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. Show less
Since the fall of the authoritarian New Order regime in 1998, the indigenous movement in Indonesia has become one of the world’s largest national movements to champion the cause of rural... Show moreSince the fall of the authoritarian New Order regime in 1998, the indigenous movement in Indonesia has become one of the world’s largest national movements to champion the cause of rural communities. Its advocacy has pushed the government to implement legal reforms that have widened the scope for recognition of collective land rights. In the context of Indonesia’s widespread land conflicts, an important question is who gets to benefit from laws that grant land rights on the basis of indigeneity? By design, such laws are limited in their scope, given that they only grant rights to those that qualify as indigenous. In order to explain how indigeneity can actually empower local communities, this book adopts the perspective of actors at the local level. Focusing on how local land users in South Sulawesi invoke indigeneity in their struggles over land, this book explores the local processes through which claims to indigenous adat land rights succeed or fail to be recognized. The book combines case studies, legal analysis, and theories on social movements and collective action frames. The book alarmingly shows that by making indigeneity a prerequisite for land rights, the most vulnerable people may actually be excluded from obtaining such rights. Show less
