Adat and Globalization: Living Apart Together Paper submitted for the International Association for the Study of Common Property 9th Biennial Conference, Victoria Falls, Zimbabwe Moira M.M. Moeliono Center for International Forestry Research Situgede, Sindang Barang Bogor, Indonesia Tel: 62 251 622 622 Fax: 62 251 622 100 Email:
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[email protected] Introduction In November 2001, the People’s Consultative Assembly of Indonesia issued decree IX on Agrarian Reform and Natural Resources Management. Although the overall emphasis of the decree is a call to rationalize natural resources management, including the legal and regula- tory aspects, the decree also signaled an important milestone in the decades long struggle to resolve tenurial issues over these resources. A struggle which was born when with the Basic Land (Agrarian) Law of 1960 and the Basic Forestry Law of 1967 Indonesia declared all land and natural resources under state control. While these national laws in principle recognize customary or adat rights over land, the state exerted its right of disposal by freely conferring use rights to large investors without regard to existing rights of local and indigenous communities. For years, the government appropriated land for projects such as dams, industrial plantations and forest estates without significant opposition. Then in 1980 a threshold was reached and increasingly peasants started to resist often violently. The plea of the disposed brought the involvement of students and non- governmental organizations who in turn brought land issues to public attention (Juliantara, 1995). Adat communities, especially those living in resource rich areas have been among the most disadvantaged groups with regard to recognition of rights as even their existence has in some cases been denied.