“Recognition of indigenous
peoples’ rights over the land
was severely eroded by policies
on foreign and local investment
laid down in the late 1960s to
accelerate economic growth in
Indonesia.”
Bepalingen van Wetgeving (AB) said that
customary law would be followed, along with
institutions and community customs, as long as
these were not contrary to the general principles
of justice.
The Dutch East Indies government also regulated
land rights, initially restricting the leasing of lands
belong to indigenous peoples.
However, after the enactment of Agrarische Wet
on April 9, 1870, investors from the Netherlands
forced the government to take all the lands.
Eventually, the Dutch government imposed
Agrarische Besluit on July 20, 1870, which meant
that customary land rights or hak ulayat of
indigenous peoples were no longer in place and
automatically owned by the government.
to the extent that it is not contrary to national
and state interests.
There is recognition of the ownership and control
over customary lands by indigenous communities
and that third parties should secure recognitie
– or the temporary transfer of customary land
rights – each time they use customary lands.
Unfortunately, the tenure system as written in the
BAL is very different from the tenure systems that
exist in indigenous peoples’ communities. BAL
recognizes many kinds of rights except communal
rights on hak ulayat.
Recognition of indigenous peoples’ rights over
the land was severely eroded by policies on
foreign and local investment laid down in the
late 1960s to accelerate economic growth in
Indonesia. Following the issuance of these
policies, the Indonesian government under the
New Order regime issued two prominent sectoral
policies with grave effects on indigenous peoples
and their right to land.
One of these is the Undang-undang Pokok
Kehutanan (UUPK) or Basic Forestry Law (BFL)
No. 5 of 1967 that defined 143 million hectares
(ha) of land or about 70% of Indonesia’s land as
state forests and that all of the resources therein
belong to the state.
The passage of the Basic Agrarian Law (BAL) in
1960 provided some relief because it recognized
the existence of indigenous communities,
particularly in Articles 3 and 5.
Also issued was Government Regulation No. 21
of 1970 on Forest Concessions, which sought to
regulate the rights of indigenous communities to
take forest products so as not to interfere with
forest concessions.
Article 3 describes the rights of indigenous and
tribal peoples over customary land, while Article
5 describes that the agrarian law that applies to
the earth, water and air space is customary law,
Another major policy issuance was the Basic
Mining Law No. 11 of 1967, which considered
all excavations in Indonesia as legal and that the
64
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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