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Agrarian reforms. The nationalist government instituted two agrarian reform
policies – the 1960 Basic Agrarian Law and the 1962 Land Reform Program.
The 1962 law established land ceilings based on the availability of irrigation
and on regional population densities, and land in excess of these limits would
be acquired and redistributed by the government. Over a million hectares
were redistributed. Yet the Land Reform Program was implemented for only
five years, and then reversed when the military took power in 1966. All rural
organizing activities were stopped, freedoms curtailed, thousands killed, and
much of the State lands that had already been distributed to peasants through
the Programme were taken back by local elites (Quizon, 2013b).
Private concessions in State forest lands. Meanwhile, there has been no
restitution of indigenous peoples’ lands since Independence, and no land
reforms in the forest sector. Government policymakers have viewed Indonesia’s
vast forest resources as the exclusive responsibility of central government.
The approach of government in managing the forest estate has been to
award large concessions to private sector firms for agribusiness and industrial
development. As of 2017, the Ministry of Environment and Forestry had issued
land concessions to 499 enterprises covering a total of 68.7 million hectares,
or 38 percent of the country’s total land area. (KPA, 2018a) Meanwhile, a 2004
study estimated that as much as one quarter of the country’s population live
in classified forest lands without security of tenure (Bachriadi and Sardjono,
2005).
Nepal
Customary land systems. Nepal is a country where the land systems have
been governed by statutory laws, as well as historically by customary and non9
Adat means under native traditional law in Indonesia.
Regional Summary: A Perspective Overview of Land Conflicts in Six Asian Countries
inherited forestry lands that covered nearly 70 percent of the total land area of
Indonesia, as the highly-centralized system of the Dutch colonial government
was carried over to the new republic. In addition, the Indonesian government
became the largest landowner after 1958, when Dutch and Japanese colonial
plantations were nationalized and placed under State ownership, while many
foreign private companies retained their land-lease rights. Sometime later, the
government also resumed the Dutch policy of “colonization,” which involved
the planned resettlement of farmers from Java to the less populated islands
(under the new name of Transmigrasi Program) (Quizon, 2013b). This led to
conflicts between migrants and indigenous peoples over adat lands.9
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