Disempowering Traditional Spatial Arrangement of Dayak Community: A Case Study of Tumbang Marikoi Village, Central Kalimantan, Indonesia

The rapid industrialization in the last decades significantly changed the traditional spatial arrangement in Central Kalimantan Island. The indigenous community’s traditional forest lands management and ownership were transferred to oil palm plantations and mining corporations. Therefore, it disempowered the traditional spatial arrangement by changing the community’s living conditions and transforming their livelihood sources from primary (forests) to secondary and tertiary. The disempowered traditional spatial arrangement of the Tumbang Marikoi village community includes a living area with rivers, forests, and dwellings. They access the forest through the village Kahayan Hulu and the Marikoi River. There is no power grid in Marikoi Village, making them depend on a solar-powered energy generation facility for their daily activities, including gardening, gathering forest products, hunting, mining gold, and fishing. This study applied the phenomenological method to explain the traditional spatial disempowerment in Marikoi Village, Central Kalimantan, following corporate plantation powers and mining activities. The results indicated that the palm plantations affected the Dayak community's living space and daily life. Furthermore, the ownership and management of their customary land, enhancing their economic, social, cultural, and religious life, was transferred to large plantations. As a result, the community’s traditional spatial arrangement was disempowered through river silting from soil drilling, cloudy river water, flooding, distant land for income (selling honey, vegetables, rattan, herbal medicine, and other forest wealth), farming restrictions by clearing land and losing sacred areas and ancestral rituals.

Local wisdom Pasang ri Kajang as a political power in maintaining indigenous people's rights

This research analyzes Pasang ri Kajang as local wisdom in Indigenous people Ammatoa Kajang becomes a social and political power. It maintains the existence of indigenous people Ammatoa Kajang in the customary land conflict with PT London Sumatra (Lonsum). Indigenous Peoples of Ammatoa Kajang, known as indigenous people who uphold the values ​​of local wisdom, was called Pasang ri Kajang; one of them is their belief that forests are the center of life. The conflict has arisen since PT Lonsum has unilaterally taken over Ammatoa Kajang's customary land in several villages. The lack of regulation of the local government that protects the rights of the Kajang community makes the position of the Ammatoa Kajang indigenous community weak in resisting. The indigenous Ammatoa Kajang community and several environmental and indigenous peoples' institutions demanded that the Bulukumba district government make and ratify the Ranperda of the Ammatoa Kajang community that could protect the rights and recognition of the Ammatoa Kajang customary community. At the end of 2015, the Bulukumba district government ratified regional regulation No. 9/2015 about the Inauguration, Recognition, and Protection of Customary Law Communities Ammatoa Kajang. Ratification of this regulation is a form of deregulation carried out by the Bulukumba district government in responding to conflicts over land and forest struggles of the indigenous people of Ammatoa Kajang and PT. Lonsum.

One Boat, Two Captains: Implications of the 2020 Samoan Land and Titles Court Reforms for Customary Law and Human Rights

Samoa's 2020 Land and Titles Court reforms, which contributed to the Human Rights Protection Party losing support at the April 2021 elections after almost 40 years of government, have recentred attention on the tensions of legal pluralism in the South Pacific. Although Samoa maintains a system of English common law, 81 per cent of Samoan land falls under the traditional matai titles system, giving a central role to the customary Land and Titles Court (LTC). In December 2020, the Samoan parliament passed three Acts – the Constitution Amendment Act 2020, the Land and Titles Act 2020 and the Judicature Act 2020 – establishing the LTC in a parallel court hierarchy with equivalent status to the Samoan Supreme Court and Court of Appeal. This proposal has prompted debate between those favouring incorporation and promotion of Samoan custom over Western legal norms, and others who argue the amendments undermine human rights protections and the rule of law. This article evaluates the effects of these changes on the role and administration of custom in Samoa, contextualising them within broader socio-legal debates around customary legal systems. It first analyses the effect of the three Acts with regard to the bifurcation of the court system, procedural reforms in the LTC hierarchy and the introduction of a judicial guidance clause. This leads into a critical evaluation of these changes, highlighting impacts upon judicial coherence; constitutional human rights; consistency between customary and common law procedures; and resourcing constraints. The article concludes by providing broad options for future reform. It does not focus on issues which have received attention elsewhere, such as the amendments' potential impacts on judicial independence.

Embracing risky refuge: women, land laws and livelihood vulnerabilities in rural Kenya

There has been a growing interest in laws governing resources particularly land in reference to gender in Africa. Law reforms in relation to land have produced potentially useful regulations and espoused egalitarian land rights. However, the backdrop to these reforms contains a scene of land disputes, resistance to laws, violence against women and poor enforcement leading to injustices to women with a pervasive effect on families in vulnerable communities. Using focused ethnographic research methods, the writer investigated women's land rights between November 2015 and August 2016. In-depth interviews, focus group discussions, review of archival records and observations were utilised. The study found that in contexts of prolonged livelihood vulnerabilities, as in the case of the Luo people of south-western Kenya, women seeking refuge from livelihood difficulties employ two strategies to anchor their security. They migrate from marital homes to fishing villages and also lay claim to marital land, which is held by men according to customary laws. These strategies produce social dilemmas and risky manoeuvering. Statutory land laws that are enacted to mitigate land related conflicts undermine the existing customary land laws that advantage men. Therefore, women's land claims, and statutory land laws that espouse equality in land ownership, destabilise men's sense of masculinity. By drawing on the experiences of women, I show the intersection between land laws, enduring injustices and gender relations in a context of strained livelihoods.

Property Rights and Governance of Land Resources in Pastoral Areas of the Oromia Region, Ethiopia

This article examines customary institutions governing rangeland resources in the Oromia Region, Ethiopia. Using data from different pastoral groups, we employed a case-study approach to explore how property rights are defined and enforced. The study indicates heterogeneity in systems of defining and enforcing rights. Due to the fugitive nature of resource use in pastoral systems, property rights vary seasonally. Though flexibility in the definition of such rights has become central to the survival of pastoral herders, formal administrative boundaries and policies have limited resource access, becoming sources of violent conflict and obstacle to customary systems. Government policies favouring private land use, expansion of large-scale investment on pastoral land, establishment of national parks, and certification of privately used land challenged the smooth functioning of customary land governance. This implies that state intervention should not undermine customary systems but permit them to exercise rangeland governance and ensure pastoral rights to secure livelihoods.

From conflicting to complementing: The formalisation of customary land management systems governing swidden cultivation in Myanmar

<p>Swiddening is a traditional and widespread agricultural system in mountainous regions of Southeast Asia. It is prevalent in Myanmar’s hilly border region. However, economic, political, demographic, social and technological drivers in this region are causing this form of land use to undergo significant transition. This transition is affecting the customary land use rights of swidden farmers. Throughout Myanmar’s tumultuous history, customary land management systems and the state land management system have been poorly integrated. This has led to customary land use rights receiving little formal recognition and left customary right-holders vulnerable to exploitation. Recent political and economic developments within Myanmar have prompted changes to the state land management system. The Myanmar government introduced the Farmland Law 2012 and the Vacant Fallow and Virgin Lands Management Law 2012 which significantly altered how agricultural land is managed. However, these laws also contain minimal interaction with customary land management systems. In relation to swidden cultivation, the legislation is unclear how land under customary tenure is identified, how communally-held land is recognised and what swidden practices are legally permitted. The draft National Land Use Policy released in late 2014 reveals progress in addressing these issues. However, greater clarity is needed with regard to how the policy is implemented. Many lessons may also be derived from the experiences of surrounding Southeast Asian countries, such as the Philippines and Cambodia, in the way customary land use rights are incorporated into state legislation. The goal of this thesis is to propose how customary land management systems may be integrated into the state land management system in order for customary land use rights over swidden land to be recognised as comprehensively as possible by the state. The legislative framework should also allow sufficient flexibility for local farmers to adapt to changing circumstances. The identification of swidden land will be considered in the context of producing maps of customary land use, the management of swidden land under collective land-holding structures will be discussed with regard to pressures to individualise land-holding and the use of swidden cultivation practices will be considered in light of proposed development projects. The current political and economic climate in Myanmar indicates some willingness to acknowledge and address these issues. There is hope that customary land management systems and the state land management system will begin to complement, instead of conflict with, each other in order to enable swidden farmers to access their customarily held land into the future.</p>

From conflicting to complementing: The formalisation of customary land management systems governing swidden cultivation in Myanmar

<p>Swiddening is a traditional and widespread agricultural system in mountainous regions of Southeast Asia. It is prevalent in Myanmar’s hilly border region. However, economic, political, demographic, social and technological drivers in this region are causing this form of land use to undergo significant transition. This transition is affecting the customary land use rights of swidden farmers. Throughout Myanmar’s tumultuous history, customary land management systems and the state land management system have been poorly integrated. This has led to customary land use rights receiving little formal recognition and left customary right-holders vulnerable to exploitation. Recent political and economic developments within Myanmar have prompted changes to the state land management system. The Myanmar government introduced the Farmland Law 2012 and the Vacant Fallow and Virgin Lands Management Law 2012 which significantly altered how agricultural land is managed. However, these laws also contain minimal interaction with customary land management systems. In relation to swidden cultivation, the legislation is unclear how land under customary tenure is identified, how communally-held land is recognised and what swidden practices are legally permitted. The draft National Land Use Policy released in late 2014 reveals progress in addressing these issues. However, greater clarity is needed with regard to how the policy is implemented. Many lessons may also be derived from the experiences of surrounding Southeast Asian countries, such as the Philippines and Cambodia, in the way customary land use rights are incorporated into state legislation. The goal of this thesis is to propose how customary land management systems may be integrated into the state land management system in order for customary land use rights over swidden land to be recognised as comprehensively as possible by the state. The legislative framework should also allow sufficient flexibility for local farmers to adapt to changing circumstances. The identification of swidden land will be considered in the context of producing maps of customary land use, the management of swidden land under collective land-holding structures will be discussed with regard to pressures to individualise land-holding and the use of swidden cultivation practices will be considered in light of proposed development projects. The current political and economic climate in Myanmar indicates some willingness to acknowledge and address these issues. There is hope that customary land management systems and the state land management system will begin to complement, instead of conflict with, each other in order to enable swidden farmers to access their customarily held land into the future.</p>

Dynamics of Customary Land Rights and Its Impact on the Agronomic Choices for Small Farmers in the South Kivu province, Eastern DR Congo

In Africa, there is still observed a land related legal plurality despite innovations undertaken since colonial times. In DR Congo, while by law land remains the property of the State, it remains difficult to manage rural lands, ignoring customary practices. In fact, alongside the “modern” land administration, the majority of rural lands are covered by customary contracts. Meanwhile, these contracts have evolved due to different socio-political issues in the DRC and particularly in its eastern part. This study aimed at understanding these changes and thus the impact resulted in agricultural activities, especially the small farmers’ technology choice. The study is based on households’ surveys in the Mbinga Sud zone as well as from other stakeholders on land in the Kalehe territory, South Kivu province, eastern DRC. Through this study, it is noted that customary land contracts have sufficiently evolved due to the population growth, innovations taken in land administration in the country, the wars that occurred in the eastern DR Congo, the attractiveness of rural land by elites and rich businessmen leading to land concentration etc. Given this situation, some practices such as purchase and lease of land were thus developed to cope with weak customary land acquisition mechanisms, the land scarcity and / or land depletion and the fear of land grabbing by the strongest. These changes also have an impact on some agricultural practices, including the fertilization of farms, the choice of crops and varieties to grow as well as many other cultivation techniques. Received: 3 June 2021 / Accepted: 4 September 2021 / Published: 5 November 2021

Peran BPN dalam Penyertifikatan Hak Milik Atas Tanah Adat di Kantor Pertanahan Kabupaten Samosir

This study aims to determine the legal rules, roles and obstacles faced by BPN employees in Samosir district in the implementation of registration of property rights on customary land. This research uses normative legal research. The results of the study indicate that the rule of law for land registration refers to Law no. 5 of 1960 concerning Basic Regulations on Agrarian Principles and Government Regulation Number 24 of 1997 concerning Land Registration. The registration procedure is as follows: 1) Prepare the required documents, 2) Prepare and submit application letters, 3) Pay the application fee, measurement and inspection of the applicant's land, 4) Make announcements through the general daily news with a period of 60 (sixty) days, 5) Issuance of decrees (Kantah, Kanwil, or BPN RI), 6) Bookkeeping of rights and issuance of certificates. Obstacles that arise and are faced in registering land as property rights in Pangururan District are: 1) Unclear customary land boundaries, 2) There are claims from the state or government, 3) Loss of witnesses or historical actors.

Ulayat Land as a Wakf Object According to Law No 41 Year 2004 Case Study Todairi District Berampu

Waqf is one of the Islamic philanthropy that carries the common interest. In the order of life, the Muslim community in the district of Berampu, Dairi district, is a Muslim minority. But even so, the spirit and practice of carrying out their religion is very strong. In this regard, including the concern is the spirit of the community to develop and increase the benefits of ulayat land, ulayat land is also waqf.This research aims to Knowing the position of ulayat land as an object of waqf by the people of Berampu sub-district, Dairi district in terms of Law No. 41 of 2004. To answer these problems, a field research was conducted with a qualitative research analysis model which was analyzed through a positive legal theory approach and Islamic law. Based on the results of the study it is known that the implementation of customary land waqf carried out by the people of the Berampu sub-district, as the researchers described earlier is not in accordance with Law No. 41 of 2004 concerning waqf. This is because 1)Customary land is not an object of waqf. This can be seen in PP No. 24 of 1997 in lieu of PP No. 10 of 1961 which states that customary land is not the object of land registration, while in PP no. 24 of 1997, waqf land is the object of land registration. So from this it can be seen that ulayat land is not actually an object of waqf. Because the object of waqf is land that has been registered in accordance with applicable regulations. 2) The practice of waqf carried out by the community of Berampu sub-district, Dairi Regency, is still mostly done verbally and not before PPAIW and is only based on mutual trust without any irar waqf deed as authentic evidence that the land has been waqfed for use in the public interest. As for the factors that cause the practice of waqf of ulayat land in Berampu sub-district, Dairi district are 1) Lack of public knowledge about waqf regulations in Indonesia. 2) The community still holds strongly to customs and habits that have been passed down from generation to generation. 3) The desire of the community to do charity through waqf institutions but not accompanied by knowledge.