Public Disclosure Authorized Study on Gender Impacts of Land Titling in Post-Tsunami Aceh, Indonesia Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized GAP funded gender equality as smart economics A World Bank Group Gender Action Plan iii A c r o n y m s A n d G l o s s A r y Al Qur’an (or Quran) Holy Book of Islam Adat Customary practices defined as an uncodified body of rules of behavior, enforced by social sanctions and varying from time to time and from place to place Adat pandulan Customary practices on the distribution of inheritance property among women Adatrecht Customary law ADB Asian Development Bank AIPRD Australia-Indonesia Partnership for Reconstruction and Development Akte Certificate Akte jual beli Sale agreement Badan Pengolahan Indonesian Bureau of Statistics Data Electronik (BPDE) Baitul Mal Islamic Treasury Institution BAL Basic Agrarian Law Bappenas Badan Perencanaan Pembangunan Nasional (National Development Planning Agency) Barang asal Inherited property Barang harta Brought in BPN Badan Pertanahan Nasional (National Land Agency) BPN-kantah BPN District Land Office BPN-kanwil BPN Provincial Office (coordinates the work of the BPN Kantah offices in the province) BPN-pusat BPN National Head Office (based in Jakarta) BPS Badan Pusat Statistik (Central Statistics Agency) BRR Badan Rehabilitasi dan Rekonstruksi (Agency for Rehabilitation and Reconstruction of Aceh and Nias) Bundo kanduang Original mother Bupati District governor Camat Head of Kecamatan or (subdistrict) CDA Community-driven adjudication CEDAW Convention on the Elimination of All Forms of Discrimination Against Women iv CLM Community land mapping Dayah Place where Islamic teachings are delivered Desa Village Desa tua Local wisdom Dinas Provincial level government department DIPA Annual budget system of the government Fatwa An Islamic religious ruling FGD Focus group discussion Fiqh Islamic jurisprudence Gampong Village (lowest unit of government, equivalent of the desa outside Aceh) Equivalent to Indonesian “kampong” Gerakan Aceh Merdeka Free Aceh Movement—group that led a low-scale civil rebellion movement from 1970 (GAM) until peace accords were signed in August 2005). Geuchik/keuchik Village head (selected by the community and officially appointed by the district/municipal- ity government to lead the gampong administration). Gono gini Joint property Gotong Royong Mutual help and community sense Hadist/Hadith Prophet Muhammad’s words, actions and attitude (as narrated by his companions after his death) Hak milik Rights of ownership (standard ownership rights over property) Hak pakai Use rights; rights to use and take products of land Hak ulayat Communal (land) rights Harato pusako randah Property acquired long ago Hareuta seharkat Independent property in Acehnese Harta bawaan Independent property Harta bersama Common, marital property Harta pencarian Acquired property Harta pusaka Ancestral property Harta seharkat Independent property Harta warisan Inherited property Hibah Gifting Hukum Adat Customary law Hukum adat Procedures to protect and secure rights for daughters and women Ibadah Islamic worship IDLO International Development Law Organization IDPs Internally displaced persons IDR Indonesian Rupiah (currency) Imeum Traditional village leader Imeum masjid Leader in mosque v Imeum meunasah A respected local leader who is also responsible for religious affairs within the meunasah, who conducts prayers and religious and adat ceremonies and also holds a respected role in village-level decision making Imeum Mukim Head of Mukim INFID International NGO Forum on Indonesia Development Inoeng balee Widow warriors IP4T Inventarisasi Penggunaan, Pemanfa’atan, Penguasaan, Pemilikan Tanah (The Inventory of Usage, Benefit, and Tenure Toward Land Title), a government program through BPN Jilbab Head scarf JKMA Jaringan Komunitas Masyarakat Adat (Network of Community of Customs Society) Jual beli Land deed Kabupaten District administration Kantah District office Kanwil Provincial office Kecamatan (Kec) Subdistrict Kemanakan Niece and nephew Kementrian Ministry for Disadvantaged Areas Pembangunan Daerah Tertinggal (KPDT) Keppres Presidential decree (previously called Perpres) Komisi Yudisial Indonesian Supreme Court and Judicial Commission Kompilasi Hukum Islamic Law Compilation (KHI; Kompilasi Hukum Islam;), a three-volume Islam (KHI) document describing procedures and guidelines on inheritance, marriage, and charitable trusts. Kota Town or municipal administrative unit LBH Lembaga Bantuan Hukum (Institute of Legal Aid) LoGA Law on Governing Aceh LOGICA Local Governance and Infrastructure for Communities in Aceh Mahkama Shariah Officials of the Shariah court Mahkamah Agung Supreme Court Mahkamah Shariah Shariah court Majelis Adat Aceh Council of Acehnese Customs Majelis Consultative Council of Ulamas Permusyawaratan Ulama (MPU) Mamak kapala waris Maternal uncles Masjid madrasah Religious studies school at mosque MCLE Mediation and Community Legal Empowerment program MDF Multi-Donor Fund (Trust Fund for Aceh and Nias) administered by the World Bank Merantau Migration vi Merantau cino Migrants from China but also refers to families staying out of villages Meunasah A multifunctional public building found in villages throughout Aceh province used for studying religion, to perform religious events, and as a center for village sociocultural de- velopment MoU Memorandum of understanding Mukim A level of administration and governance. A mukim covers all villages that are linked to the main mosque in the area. It is an administrative organization typical of Aceh and is loosely equivalent to the kelurahan or kecamatan elsewhere in Indonesia. In traditional Acehnese it is “Moekim”. Nanggroe Aceh Aceh Province Darussalam (NAD) NGO Nongovernmental organization Nikah Marriage Orang Tua Knowledgeable persons in a village (local wisdom) P2TP2 Pusat Pelayanan Terpadu Pemberdayaan Perempuan (Center for Integrated Services for Women’s Empowerment) Panghulu Clan chiefs Panglima Laot Adat leader responsible for coastal monitoring (fishing) Pejabat pembuat akta Land deed official tanah (PPAT) Pembagian hak bersama Divorce-related divisions Pengadilan agama Religious courts having jurisdiction over Muslims in the areas of marriage, divorce, inheri- tance, guardianship, and charitable trusts Pengadilan Negeri General courts Penghulu Lineage head Penghulu andiko Maternal uncles Peradilan adat Customary justice Peradilan harta Property justice Peraturan Mahkamah Regulations issued by the Supreme Court Agung Peraturan Menteri Regulation of the State Agrarian Minister Negara Agaria Peraturan Pemerintah A government regulation issued as an administrative order, rather than by an act of the (PP) National Assembly PERDA Peraturan Daerah (local regulation) Perjanjian jual beli Purchase agreement Perpres Presidential decree Pesisir Coastal Peurumoh Owner of the house PIBA Project implementation and beneficiary assessment vii PMNA Peraturan Menteri Negara Agraria (Agrarian State Ministerial Regulation) PP Peraturan Pemerintah (government regulation) PPAT Pejabat Pembuat Akte Tanah (public notary who prepares deeds) PPEP Peningkatan Produktivitas Ekonomi Perempuan (Improving Women’s Economic Productivity) PRONA Proyek (pertanahan) Nasional (a nation-wide BPN titling program that distributes land title certificates to poorer families; on average, about 500 titles per year are distributed in each kabupaten spread over several villages) Pusaka rendah Lower property Pusaka tinggi Higher property Qanun Provincial local legislation RALAS Reconstruction of Aceh Land Administration System Project RASKIN Beras Miskin (Bahasa acronym for the government program that subsidizes staple food sup- port for the poor) RKSP Radio Komunitas Suara Perempuan (Community Radio for Women’s Voice) Rumah gadang Big house Sabuah paruik Sublineage level Sekdes Village secretary Shariah Islamic law Shariah/Syar’iyah Islamic principles or the Islamic path to be followed. For reasons of consistency, the term Shariah is used throughout this report. SKK Surat Keterangan Keuchik (letter issued by the geuchik that allows use of land areas by a per- son; use right for limited duration ) SPADA Support for Poor and Disadvantaged Areas Suku anak tuha A community group in West Java Surat perjanjian A purchase agreement (or agreement letter) Syiar Islam Activities to promote Islam Ta’zir Arabic term used in Sharia law to refer to punishment (or penalty) imposed for breaching codes Tanah adat Tradional inheritance law Tanah Man Tua Land-related adat practices (land areas held by an individual simply by planting certain productive trees) Tanah negara State land Tanah ulayat Owned by the original mother Teungku Religious leader in a village (chosen on the basis of his religious knowledge). Tipu Muslihat Guile, smart tricks, or street-wise acts (commonly used colloquial Acehnese words) Tokoh Masyarakat Community leaders Tuha Lapan Village elders in Aceh with eight people figure community Tuha nanggroe Council of elders Tuha Peut Village elders who have a traditional quasi-legal function in Acehnese village communities. viii Ujung kafan Adat tradition (allows a widow to live in her deceased husband’s house and obtain a small part of the husband’s land to support her through her life or until her remarriage outside the husband’s family) Ulama Muslim religious scholars recognized as a religious and political leaders because of the role the ulama played in the Acehnese struggle against the Dutch