The Enforceability of Formalised Customary Land Rights in Indonesia

16 Pages Posted: 30 May 2019

See all articles by Rikardo Simarmata

Rikardo Simarmata

Universitas Gadjah Mada (UGM) - Faculty of Law

Date Written: May 30, 2019

Abstract

Over the past two decades, the Indonesian government has intensified efforts to recognise customary land rights by formalising them. Formalisation can help establish the legal validity of entitlements to land, thereby providing right holders with legal certainty. One consequence of formalisation is that customary (adat) rules in respect of land become integrated into the formal system, and enforceable. This article examines two ways that formalisation can take place in Indonesia: by recognising the authority of an adat law community to control and manage customary land rights, and by granting rights to an adat law community through a state administrative decision. Discussing both SKTA (Surat Keterangan Tanah Adat, Declaration of Customary Land Possession) and the granting of customary forest, this article shows that formalisation of customary land rights under both mechanisms has been hindered by inconsistent laws and regulations and resistance from bureaucrats and corporations. It argues that legal inconsistencies and resistance will prevent the main goal of formalisation: to protect the traditional land rights of Adat law communities.

Suggested Citation

Simarmata, Rikardo, The Enforceability of Formalised Customary Land Rights in Indonesia (May 30, 2019). Australian Journal of Asian Law, 2019, Vol 19 No 2, Article 9: 299-313, Available at SSRN: https://ssrn.com/abstract=3396381

Rikardo Simarmata (Contact Author)

Universitas Gadjah Mada (UGM) - Faculty of Law ( email )

Jl. Sosio Justicia No. 1
Bulaksumur
Sleman, Yogyakarta 55281
Indonesia

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