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FOREST GOVERNANCE INTEGRITY REPORT INDONESIA

January 25, 2012 Leave a comment

  • Author: Transparency International Indonesia
  • Publisher: Transparency International Indonesia
  • Published: 2010
  • Language: English
  • Pages: 43
  • Format: PDF

Corruption in the forestry sector further degrades the environment, threatens rural communities and robs the public of billions of dollars each year. Transparency International (TI) is committed to promote corruption-free forest governance that enables sustainable forest management, increased economic development, poverty reduction and environmental protection. To help achieve this objective, TI Indonesia (TII), through the Forest Governance Integrity Programme (FGI), will monitor the existing corruption risks and anti-corruption tools in the forestry sector in Riau, Aceh and Papua, Indonesia.

The methodology of the research is based on the FGI Risk Manual1 which provides a generic framework for assessing the impact and likelihood of corruption in the commodity chains related to the forestry sector and the anti-corruption tools that are available, in order to establish the high-risk corruption areas for focused advocacy. Using this analysis, several high risk areas for each province are proposed:

In Riau:

  1. Regulatory chain: Bribery used to change the zoning of an area within the spatial land use planning and forestry planning to allow logging.
  2. Licensing chain: Bribery used to acquire a license without a technical review or recommendation, or through the manipulation of data and analysis.
  3. Timber supply chain: Bribe the person in charge of Area management planning to falsify the needed documents, conflict of interest; public officials owning shares of logging company.
  4. Enforcement chain: Bribery used to persuade officers to be hard on competitors, to avoid reporting violations or to withdraw sanctions.
  5. Certification chain: Bribery used to pass certification processes without meeting required standards.

Each of these areas was judged to have a high impact and high likelihood of occurring in Riau, according to desk-based research and stakeholder consultation. Bribery to weaken regulations relating to land use zoning has an impact on local communities and their access to the forest and increased forest resource exploitation.

Weakness of regulations and legislation has triggered various interpretations of forest concession license regulations by different stakeholders. As such, law enforcement finds it difficult to implement laws and punish those who violate them.

These different interpretations of the law have created opportunities for law enforcers to profit from the taking of bribes from operators for actively avoiding following the law.

Efforts of law enforcement on violation of rules often fail as well as the effort of lawsuits or legal standing by the community based on Environment Regulation and Forestry Regulation. The issue of anti-corruption regulation and Spatial Land Use Regulation is a positive opportunity because both of them recognize violations by state officers as criminal offences.

While certification systems are flawed and often provide opportunities for manipulation, they are also an opportunity to increase monitoring of forest operations and put pressure on concession holders to follow the rules.

In Aceh

  1. Land rights, e.g. bribery to unduly allow the use of land or to manipulate documents.
  2. Licensing, e.g. bribery to obtain licences, change the forest zoning or to manipulate data from EIA reports.
  3. Forest management and utilisation of forest products, e.g. bribery to let companies log outside the authorised area.

According to the risk assessment carried out with stakeholders in Aceh, corruption risks run through the whole commodity chain, from the licensing process to forestry operations and the enforcement of laws and regulations. Licensing appears as a particular issue, closely related to land rights. Bribery may be used to obtain licences, to manipulate the information that is used to make decisions on licensing, or to avoid investigations and prosecution in case of violations. Instruments that address these risks do exist, but need to be reinforced. For instance, the one stop services office (P2TSP) and

TAKPA (Aceh government anti-corruption team) could be strengthened and better monitored. Laws and regulations also exist, but are not always specific enough, and there may be confusion and conflicts between legislation from the central government and from the local government. Finally, the difficulty for the public and civil society to access information is an obstacle to be addressed in order to control corruption risks.

In Papua

  1. Laws and regulations: Abuse of authority to weaken regulations, bribery to expand operations to protected areas.
  2. Forest management, e.g. bribery to falsify EIA documents.
  3. Revenues and taxes, e.g. bribery to funnel tax revenue away from appropriate recipient.

In the province of Papua, corruption was found to be amplified by the lack of human resources capacity within the government to monitor forest management activities. Therefore the falsification of documents or reports such as

Environmental Impact Assessments (EIA), are more likely to occur. It has been identified in the risk mapping exercise as an issue that spans over several areas: the awarding of licences, harvesting, the transport of timber, etc. This has a huge impact on the sustainability of forestry activities, since it undermines the process of verification and monitoring of forest management practices. In addition, the implementation of legislation, as mentioned for Riau and Aceh, is made more difficult by conflicts between certain laws or regulations, e.g. on spatial planning and regional autonomy.

Besides the immense financial losses that the illegal timber trade (driven by corruption as explained), which are estimated to be in the range of trillions of rupiahs3, some loopholes in the regulations related to revenue collection may trigger fraud and underpayment of taxes on timber trade.

Recommendations

Legislative reform

  • Regulations should be strengthened and synchronised so that loopholes are closed and law enforcement is strengthened in relation to forest crimes.
  • Stronger sanctions should be in place in order to have a deterrent effect on corruption and forest crimes.
  • There should be consistency in regulations and policies to avoid confusion in their implementation or changes deriving from undue pressures.
  • In Riau particularly, it was felt that there should be guidelines on the interpretation of the law to ensure that Ministers do not have the discretion to issue Ministerial Decrees in violation of basic law such as the Constitution and to avoid conflicts of interest in its interpretation.

Capacity building

  • Law enforcement institutions, such as the police and judiciary need to be strengthened in order to carry out investigations and enforce their findings.
  • Civil society organisations as well as local and indigenous communities should be strengthened in order to increase their awareness of relevant laws and regulations and their capacity to monitor government performance in forest management. This needs to be embedded at the local level as well as the national level.
  • The Representative Council at the national and local level needs additional capacity in order to fulfil its role as a monitoring institution to ensure government policy is followed.
  • Staff of government agencies should be trained to fully understand anti-corruption tools and how corruption can be monitored (need identified in Papua).

Technical assistance

  • Communities and local NGOs need technical assistance in order to conduct investigations if these are to have any deterrent effect.
  • More capacity is needed in government institutions in terms of evidence interpretation.
  • Research in Aceh has shown that the Environmental Impact Assessment process should be strengthened in order to make sure that decisions are made on the basis of in-depth and accurate studies.
  • In Papua, a one-stop licensing service system should be formed, so that all stakeholders have centralized access to relevant information and data.

Transparency, accountability and access to information

  • The public should have access to information related to the issuance of licences and their terms and conditions. In corruption and forest crime cases, information should also be proactively disclosed on court proceedings and on the action taken by forestry officials, local governments and law enforcement officials.
  • Systems should be put in place in order to monitor corruption risks and land use violations and to track timber (including exports and imports). TI’s Manual as well as GIS can be useful tools in this regard. This should be done within a multi-stakeholder framework.
  • Additional recommendations have been identified in Riau:
    • Maps of zoned areas in the forests should be published, along with information on how such zoning was determined. There should be consideration taken of the results of scientific research into appropriate zoning of forest land.
    • The information above should be kept up-to-date and reissued each year in each province.
    • Any decisions to change land zoning or issue new licences should involve consultation with local communities and seek their approval. The rights of the communities should be such that they are compensated for activity on their lands and are in a position to manage / oversee the activities of concession holders.

Certification of logs

  • Certification systems should not rely on government licences to establish the legality of timber, but should conduct independent monitoring by experts.

Advocacy and Coordination

  • A network of local, national and international NGOs need to campaign for transparency and accountability in the forestry sector and for measures to address corruption at all levels.
  • Coordinated efforts between civil society organisations and certification schemes would enhance the impact of civil society partnerships. Examples of certification schemes include, Forest Stewardship Council, Smartwood, LEI and High Conservation Value Forest.

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Forest Law Enforcement and Governance: Progress in Asia and the Pacific

January 25, 2012 Leave a comment

  • Author: Michael J. Pescott, Patrick B. Durst, Robin N. Leslie (ed)
  • Publisher: FAO
  • Published: November 2010
  • Language: English
  • Pages: 201
  • Format: PDF
  • ISBN-13: 9789251065655

The forestry sector in Asia and the Pacific is undergoing sweeping and rapid change. Recent years have seen an increase in demand for both wood products and forest-related environmental services. This demand is anticipated to intensify further in coming years, bringing with it the potential for significantly greater revenue for forest goods and services. To successfully capture these emerging opportunities, countries will need to demonstrate effective forest law enforcement and governance (FLEG), and instill confidence among buyers (of both goods and services) that steady progress is being made in efforts to manage forests sustainably.

Forest law enforcement and governance: progress in Asia and the Pacific documents the efforts of 16 countries in the region to combat illegal forest activities. It is hoped that this publication will serve to identify and encourage the implementation of promising strategies and approaches in the fight against illegal and unsustainable forest practices. Rather than providing an in-depth analysis on the extent of issues and problems related to forest law enforcement and governance, this publication provides an overview of the key FLEG initiatives and activities in each country, highlighting important achievements and the foundations for moving forward.

The recommendation to conduct this review was made by country delegates at the twenty second session of the Asia-Pacific Forestry Commission (APFC), convened in Hanoi, Viet Nam, in 2008. Delegates to the APFC session recognized that while many countries are currently implementing a range of FLEG initiatives, there was no clear and comprehensive picture of what was actually being done, or how to best build upon current efforts. The idea was further discussed and supported by the ASEAN Regional Knowledge Network on FLEG (ARKN-FLEG) and the review linked to the “Work Plan for Strengthening Forest Law Enforcement and Governance (FLEG) in ASEAN 2008–2015”. The subsequent development of a standardized reporting framework and organization of the regional workshop was a collaborative effort by FAO, the Association of Southeast Asian Nations (ASEAN), German Technical Cooperation (GTZ), the World Bank and the Institute for Environment and Development (LESTARI) of the Universiti Kebangsaan Malaysia.

This publication clearly demonstrates the region’s commitment to improving forest law enforcement and governance and countries’ recognition of the importance of FLEG for achieving sustainable forest management. It also represents the first effort in the region by which countries have used a common systematic approach for taking stock of FLEG-related activities, allowing for greater ease in sharing knowledge and ideas. It is hoped that the wealth of information and experience reflected in this publication will lead to improved policy making and management decisions that will further strengthen the forest law enforcement and governance framework so vital if countries are to benefit from new opportunities in forestry, such as through carbon finance and certification of forest products.

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ROGUE TRADERS: The Murky Business of Merbau Timber Smuggling in Indonesia

January 24, 2012 Leave a comment
  • Author: TELAPAK
  • Publisher: EIA/Telapak
  • Published: August 2010
  • Language: English
  • Pages: 90
  • Report: Working Paper 74
  • Format: PDF
  • ISBN-10: 0-9540768-9-3

Five years ago EIA/Telapak released The Last Frontier report, exposing massive smuggling of merbau logs from Papua in Indonesia to China. The scale was breathtaking, with cargo ships carrying about 300,000 cubic metres of merbau logs a month to feed China’s wood processing industry. In response the Indonesian government of President Susilo Bambang Yudhoyono launched an unprecedented crackdown on illegal logging.

This decisive action marked a turning point in Indonesia’s struggle against illegal logging. Since then the country’s appalling illegal logging rate has fallen and the flow of illegal timber smuggled out of the country has declined. As well as improving enforcement, the Indonesian government has also been active at the policy level; it has mandated a new timber legality verification system and has been negotiating a legal timber trade agreement with the European Union. The international community has also moved to curb trade in stolen timber, estimated to cost developing countries $15 billion a year. In 2008 the US amended its Lacey Act, making it an offence to import or trade illegally-logged timber, while in June 2010 the EU agreed a new timber regulation prohibiting imports of stolen wood.

Despite this substantial progress illegal logging continues to threaten Indonesia’s precious forests. In April 2010 President Yudhoyono expressed frustration with the lack of progress in prosecuting illegal logging cases and instructed the government’s task force on eradication of judicial corruption to investigate.

The President is right to call for renewed action against illegal logging. EIA/Telapak investigations into merbau smuggling contained in this report show the involvement of a well-connected cabal of criminals able to evade detection with the support of corrupt officials.

During 2009 and 2010 EIA/Telapak carried out undercover investigations into the illicit merbau trade in China and Singapore, as well as Surabaya, Makassar and Papua in Indonesia. These investigations reveal how significant amounts of illegal merbau, in the form of square logs and rough sawn timber, continue to be smuggled out of Indonesia, with the bulk bound for China. They also uncover the illegal activities of two rogue timber traders; Hengky Gosal, the man behind a foiled attempt to ship 23 containers of merbau logs, and Ricky Gunawan, a serial smuggler based in Surabaya.

EIA/Telapak recognises the progress made in Indonesia against illegal logging, yet believes stronger action is needed to tackle the timber criminals. Until 2005 the Indonesian government estimates that illegal logging cost the country two billion dollars a year – a huge environmental crime. Yet the prosecution of illegal logging cases has been woefully inadequate.

EIA/Telapak call on the Indonesian government to investigate the cases detailed in this report, and to staunch the illicit trade in merbau by placing it under the UN Convention on International Trade in Endangered Species. It also needs to ensure that the new timber legality system is robust enough to guarantee surveillance is effective. It is time to step up the campaign against illegal logging.

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Illegal Logging and Related Trade: Indicators of the Global Response

January 24, 2012 Leave a comment

  • Author:  Sam Lawson and Larry MacFaul
  • Publisher: The Royal Institute of International Affairs
  • Published: July 2010
  • Language: English
  • Pages: 154
  • ISBN-13: 9781862032354
  • Format: PDF

Efforts to protect the world’s forests from unsustainable and inequitable exploitation have been undermined in recent years by rampant illegal logging in many timber-producing countries. Large-scale illegal logging and its harmful effects have been documented in at least thirty countries, spanning every continent bar treeless Antarctica. By some estimates, in five of the top ten most forested countries on the planet, at the beginning of this century at least half of the trees cut were being felled illegally. Just under half of the tropical logs, sawn timber and plywood traded worldwide in 2004 were estimated to have been illegally sourced. Illegal logging has a wide range of negative environmental, social and economic impacts. Immediate impacts include loss of biodiversity, erosion and subsequent water pollution, forest fires, flash flooding and landslides. Illegal logging also threatens the livelihoods of around one billion forest-dependent people. Illegal logging starves cash-strapped governments of billions of dollars in revenue, undermines the rule of law, fosters corruption, and creates and fuels armed conflict. Illegal logging is also thought to depress world timber prices by as much as 16 per cent, distorting global markets and undermining legal operations. Studies have shown that, in primary tropical forests, selective illegal logging of large high value trees is often the critical first step on the road towards eventual forest destruction. Clearance and degradation of the world’s forests contribute between 12 and 20 per cent of human-induced greenhouse gas emissions, and illegal logging is among the most important drivers.

Illegal logging and the largely unregulated international trade in cheap, illegally sourced timber have thwarted efforts in the past two decades to implement sustainable production through legislation and to implement sustainable consumption through certification. A widespread failure to effectively enforce forest laws has meant that the progressive forest management regulations enacted in many producer countries in the late 1980s and early 1990s have failed to live up to their promise to provide for sustainable and socially equitable forest use. Meanwhile, efforts to harness consumer concern through sales of timber and wood products certified as sustainable have been stymied by competition from much cheaper products made from illegal wood.

About the Authors

Sam Lawson is an Associate Fellow within the Energy, Environment and Development Programme at Chatham House, and also founding director of Earthsight, an organization which specializes in researching and investigating environmental and social crime and injustice. Previously a senior forest campaigner and investigator with the Environmental Investigation Agency, an international NGO, he has been researching and investigating illegal logging and associated trade for more than ten years. He is the author of a number of influential reports on illegal logging and timber smuggling, has been actively engaged with many international initiatives to tackle the problem, and has provided relevant training to enforcement agents and NGOs in producer countries. He has led the development of Chatham House’s work on illegal logging indicators since 2006.

Larry MacFaul is a Senior Researcher at VERTIC, an organization that supports the development and implementation of international agreements and related initiatives in the areas of arms control, disarmament and the environment. He manages VERTIC’s environment programme, carries out research and analysis into environmental agreements and related areas, and also engages in capacity-building initiatives and project development. He has written, published and spoken widely at national and international forums in collaboration with other organizations. He acts as joint editor for VERTIC’s publication series and is on the editorial board of the journal Climate Law. Larry holds a Master’s degree in Environmental Assessment and Evaluation from the London School of Economics and a BA Hons in Classics from Oxford University.

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“Wild Money”: The Human Rights Consequences of Illegal Logging and Corruption in Indonesia’s Forestry Sector

January 24, 2012 Leave a comment
  • Author: HRWG
  • Publisher: HRWG (Human Rights Working Group)
  • Published: December, 2009
  • Language: English
  • Pages: 81
  • ISBN-10: 1564325407
  • Format: PDF

Indonesia has one of the world’s largest areas of remaining forest but also one of the world’s highest deforestation rates. Reported exports from its lucrative timber sector were worth $US6.6 billion in 2007, second only to Brazil and worth some $2 billion more than all African and Central American nations combined. But in recent years almost half of all Indonesian timber has been logged illegally at a staggering cost to the Indonesian economy and public welfare.

In this report Human Rights Watch details these costs and their human rights impacts. Using industry-standard methodology, we estimate that the Indonesian government lost $2 billion in 2006 due to illegal logging, corruption, and mismanagement. The total includes: forest taxes and royalties never collected on illegally harvested timber; shortfalls due to massive unacknowledged subsidies to the forestry industry (including basing taxes on artificially low market price and exchange rates); and losses from tax evasion by exporters practicing a scam known as “transfer pricing.”

As staggering as this loss is, our calculation does not include losses from smuggling, evasion of other taxes such as income tax, nor from taxes that were assessed on legal wood but never actually collected. Further, the calculation of losses from illegal logging also does not include a significant portion of the country’s sawmill industry, as mills with processing capacities of less than 6000 cubic meters per year are not required to report their wood consumption to the ministry.

The domestic consequences of lost government revenue and forestry sector mismanagement are far-reaching. The devastating impact of corruption and mismanagement on precious natural forests and the livelihoods of the country’s rural poor who depend on these forests have been well documented. In this report, we document an often-overlooked toll of this destruction, the widespread spillover effects of corruption on governance and human rights. The individuals responsible for these losses are rarely held accountable, in part because some officials in both law enforcement and the judiciary are also deeply corrupted by illegal logging interests. This impunity undermines respect for human rights. In addition, the ability of citizens to hold the government accountable is curtailed by a lack of access to public information.

Further, the opportunity costs of the lost revenue are huge: funds desperately needed for essential services that could help Indonesia meet its human rights obligations in areas such as health care go instead into the pockets of timber executives and corrupt officials. Corruption and untransparent, unaccountable revenue flows in Indonesia are so widespread that a new expression has come into common usage in the Indonesian language for such uncontrolled funds, “wild money” (dana liar).

To give one stark illustration: between 2003 and 2006, the annual revenue lost to corruption and mismanagement in the timber sector was equal to the entire health spending at national, provincial, and district levels combined. The $2 billion annual loss is also equal to the amount that World Bank health experts estimate would be sufficient to provide a package of basic health care benefits to 100 million of the nation’s poorest citizens for almost two years. Indonesian citizens living closest to the forests have borne the brunt of unbridled forest destruction, yet these communities remain locked in poverty without basic services. Text boxes throughout this report illustrate those consequences through a detailed look at conditions in once heavily forested West Kalimantan (Indonesian Borneo). In 2006 the loss of government revenue to illegal logging exceeded the total provincial budget and dwarfs the amount the province spent on health and education combined.

The failures in the timber sector also have important international ramifications. Pressure to address climate change has created a booming interest among international financial institutions, bilateral donors, and private sector traders in markets to offset carbon emissions through direct payments to countries like Indonesia, whose extensive but endangered forests act as global carbon sinks. Without dramatic improvements in the governance of Indonesia’s timber sector, including improvements to transparency and enforcement of forestry and anti-corruption laws, investors can have no confidence that the offset payments will in fact go to the preservation of forests as a means to avoid carbon emissions rather than to further fund a deeply mismanaged and corrupt system.

There have been improvements in forestry management under the administration of President Susilo Bambang Yudhoyono, and significant successes in anti-corruption efforts have resulted in gains in Indonesia’s score on World Bank measures of control of corruption (Indonesia’s score nearly doubled from 2003 to 2007). The passing of a Freedom of Information Act and the establishment of an independent financial intelligence unit, the Center for Financial Transactions Reporting and Analysis (Pusat Pelaporan dan Analisa Transaksi Keuangan, or PPATK), along with recent anti-money laundering legislation and bank regulations for identifying high-risk customers and suspicious-transaction reporting are also positive developments. Yet these tools remain under-utilized to address the rampant theft and corruption in the country’s forestry sector. The Ministry recently shelved the three-year data collection project, by its own Forest Monitoring and Assessment System (FOMAS), intended to be a major pillar of the forestry minister’s commitment to transparency. More systematically, hard-won progress against kleptocracy is under real threat from officials who have come under scrutiny. Further reforms are urgently needed.

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Indonesia

January 22, 2012 Leave a comment

 

Key information

In 2007, the estimated population was 224 670 000, of which 50 percent were women (1). In 2007, 49.5 percent of the population lived in rural areas (1). Women accounted for 49.5 percent of the rural population in 2005 (2). The country consists of 17 508 islands, of which some 6 000 are inhabited(4). Population density in 2005 was estimated at 115 persons per square kilometre (3). The country is multi-ethic and comprises 300 local language groups (4). The Javanese are the main ethnic group accounting for 40.6 percent of the population; other ethnic groups include the Sundanese at 15 percent, the Madurese at 3.3 percent and the Minangkabau at 2.7 percent (5). Eighty-six percent of the population is Muslim (5).

In 2007, the Gross Domestic Product (GDP) was US$432.8 billion; the per capita GDP was US$1 918, with an annual average growth of 2.3 percent in 1990-2007 (6). In 2008, agriculture accounted for 14.4 percent of the GDP, industry accounted for 48.1 percent and services accounted for 37.5 percent (5). Agriculture still remains the major employer absorbing 42.1 percent of the workforce in 2006 (5). Main agricultural products include rice, cassava, peanuts, rubber, cocoa, coffee and palm oil (5).

With a Human Development Index (HDI) of 0.729 in 2006, the country ranks 111th out of 182 countries (6). In 2002, 7.5 percent of the population lived under the US$1 a day poverty line, while 52.4 percent lived below the US$2 a day poverty line (7). The most vulnerable areas are the remote eastern islands, where 95 percent of people in rural communities are landless or near landless farmers (8). In 2004, 17 percent of the population was undernourished (9). Life expectancy at birth 2007 was estimated at 72.5 years for women and 68.5 years for men (6). Literacy rates were estimated at 86.8 percent for women and 94 percent for men in 2004 (5).

In 2007, women accounted for 37 percent of the economically active population (1). Of the total number of economically active women, 46 percent were engaged in agriculture, accounting for 39 percent of the agricultural labour force (1). Women’s labour force participation in agriculture is higher among rural women reaching 61 percent in 2004 (8). In rice production women provide 75 percent of the farm labour. Twenty percent of household income and 40 percent of domestic food supplies are provided through kitchen gardens managed by women. Since most rural households control small amounts of land or have no land at all, an increasing number of rural women seek to supplement household income with wage labour, non-farm and off-farm income generating activities in small enterprises, home gardens and small agricultural plots (10).

The total land area is 1 811.5 thousand square kilometre. Arable land represented 11.3 percent of the land area. Irrigated land represents 2.5 percent of the land area (5).

The Basic Agrarian Law (BAL) No. 5 of 1960 is the foundation of modern land law. The BAL introduced a system of control and regulation over all aspects of land and land-use activities. It also revoked all the old land registration and titling laws and regulations, eliminating the dual, Western and adat, system of land law. Adat customary norms and customary land tenure systems are recognized, unless they conflict with national and state interests. The law also sets ceilings on landownership and defines priorities in distribution (12). Under the Land Administration Project (LAP), which was introduced to accelerate the recognition of people’s rights to land and to further the changes in land administration (13), the National Land Agency began systematic registration in 1994. As of 2000, the Land Agency had registered 1.9 million parcels, or an estimated 3 percent of all parcels (14). Thirty percent of title certificates had been issued in women’s names and 65 percent in men’s names as of 1998, while less than 5 percent has been issued with the names of both spouses (8).

National legal frame

RIGHTS ENTRENCHED IN THE CONSTITUTION

Constitution, adopted in 1945, amended in 1999, 2000, 2001 and 2002:
– Article 27 [1]: “All citizens shall be equal before the law and the government and shall be required to respect the law and the government, with no exceptions.”

– Article 27 [2]: “Every citizen shall have the right to work and to earn a humane livelihood.”

– Article 28H [4]: “Every person shall have the right to own personal property, and such property may not be unjustly held possession of by any party.”

– Artticle 33 [1]: “The economy shall be organized as a common endeavour based upon the principles of the family system.”

– Article 33 [2]: “Sectors of production which are important for the country and affect the life of the people shall be under the powers of the State.”

– Article 33 [3]: “The land, the waters and the natural resources within shall be under the powers of the State and shall be used to the greatest benefit of the people.” (15)

WOMEN’S PROPERTY AND USE RIGHTS IN CIVIL CODE, LABOUR CODE, FAMILY CODE

Marriage Law N. 1, 1974:
– Defines as legal a marriage “solemnised according to the laws of the respective religions and beliefs of each of the parties”; parties under 21 years need parental permission.

– Sets the minimum age for marriage at 19 years for men and 16 years for women; marriage below minimum age is subject to judicial discretion and parental consent.

– The free consent of marrying parties is required for validity, unless religious law governing the parties directs otherwise.

– Registration of marriage is obligatory. The Marriage Registrar Office of the Department of Religious Affairs is responsible for registration of Muslim marriages and the Civil Marriage Registrar Office of the Department of Internal Affairs for all other marriages.

– The basis of marriage is considered to be monogamy, but the Law does not prohibit polygamy for those religions that allow it with the consent of the existing wife or wives and upon obtaining judicial permission (8).

– Article 4 [2] permits the husband to practice polygamy for the following reasons: i. the spouse’s inability to carry out her responsibility as wife; ii. if the wife suffers a physical disability or falls victim to an incurable disease; or iii. the wife’s inability to bear children (11).

– Article 31 specifies that both spouses are equal and equally responsible for maintaining the home and caring for the children. The husband as head of the family is required to protect the wife and provide for her according to his mean while the wife’s duty is to manage the household.

– Provides that divorce shall be carried out only before a court of law, after the court has endeavoured to reconcile the parties. Husband married under Islamic law may submit a letter notifying the religious court of his intention to divorce and giving his reasons; if the court determines that the husband’s reasons accord with any of six grounds for judicial divorce outlined in the law and sees that reconciliation is not possible, it will grant a session in order to witness divorce.

– Either spouse may seek judicial divorce on the following grounds: other spouse’s adultery, alcoholism, addiction to narcotics, gambling or “any other vice that is difficult to cure”; abandonment for two years without valid reason; cruelty or mistreatment endangering life; physical disfigurement or malady preventing performance of marital duties; sentencing to a prison term of five years or more; and constant disputes without hope of resolution (8).

– Article 35 provides for the adoption of the concept of joint ownership of property purchased during marriage (8).

– Article 35 [2] states that properties acquired by gift or inheritance, or purchased prior to marriage, are considered to be the separate property of the receiving spouse, if the parties have not decided otherwise.

– Article 36 states that each spouse has control over his or her separate property and either spouse can transact the marital property, so long as the spouse acts with the agreement of the other spouse.

– Married couples may also execute a pre-marital agreement to create their own property regime (14).

– Marital property must be divided at the time of divorce “according to the parties’ respective laws,” which means according to the religious, customary, or civil law that governs the spouses (16).

Civil Code, 1847:
– stipulates that men and women have the same legal capacity. Therefore, every adult individual holds his/her own legal capacity to enter into contracts or agreements without any concern about other parties (11).
– Article 108 requires that husbands, by their presence or permission, assist women in formalizing contracts (8).

-The 1974 Property Law states that conjugal property is owned jointly and in common,” but on divorce is shared based on respective laws (8).

Compilation of Islamic Law, 1991:
– Article 65 provides that in case of divorce each wife to a polygamous marriage has an equal right to property that was acquired since the time of her marriage (14).

Law No. 13 on Labour, 2003:
– Article 5 states that every individual shall have the same opportunity to get a job without suffering discrimination.
– Article 6 states that every worker/labourer has the right to receive equal treatment without discrimination by their employer (11).

– Ministerial Regulation No. 3 of 1989 prohibits employers from laying-off women workers for reasons of marriage, pregnancy or childbirth (11).

– Government Regulation No. 8 of 1981 on Wage Protection provides that employers shall not discriminate between female and male workers in determining the rates of remuneration for work of equal value (11).

– Circular letter of the Minister of Manpower No. 04 of 1988 prohibits discrimination between men and women in collective labour agreements, including gender-based differentials for pension-age and the provision of health care for workers and their families (11).

INHERITANCE LEGAL MECHANISMS

– Land inheritance rights are governed by the 1847 Civil Code in the case of non-Muslims, and by Islamic law in the case of Muslims (2).

Compilation of Islamic Law, 1991:
– Codified the Islamic law and is used as the basis for legal decisions made by religious courts, which have jurisdiction over family law, inheritance and divorce matters for Muslims.

– Article 153 states that a Muslim can bequeath up to 1/3 of his or her property by will. The remaining property, or all the property in the case of intestacy, is governed by Islamic succession rules (14).

– Article 96 states that when a married person dies, half of any marital property becomes the separate property of the surviving spouse and the other half of the marital property, the deceased’s share, devolves to his or her heirs as if it were separate property per a will or the intestacy rules (14).

– A widower is entitled to 1/2 of his wife’s separate property if the couple does not have children and 1/4 if they do have children. A widow is entitled to 1/4 of her husband’s separate property if there are no children and 1/8 if there are children.

– A daughter is entitled to one-half of the property if there are no sons. If the deceased has more than one daughter but no sons, the daughters are entitled to split two-thirds of the estate.

– Each son receives a share that is twice as large as each daughter’s share.

– If either a will or the intestacy rules are the basis for property division, the heirs must obtain an order from either a religious or civil court dividing the property. The heirs submit the order to the National Land Agency of Badan Pertanahan Nasional (BPN) which will change the land book and issue new title certificates.

– Article 136 provides that heirs can agree to ignore the rules or the provisions of a will and distribute the property among them using their own way of distributing it by consensus. Once the heirs agree, they apply to BPN to transfer the land rights into their names.

– If the heirs wish to divide the property they must also submit an “inheritance subdivision deed” which describes how they would like the land to be divided. Notaries draft such deeds, and all heirs must be present when they are created. Once all of this information is submitted, BPN registers the transfer in the land book and issues new title certificates to each heir for his or her respective portion of the divided land or one title certificate if the heirs will own the property jointly (14).

– The 1847 Civil Code provides for equal rights to inheritance (8).

LAND LAW

Basic Agrarian Act N.5, 1960:
– Article 2 [1] states that the States controls the earth, water and airspace, including the natural resources therein contained.

– Article 2 [4]: “The implementation of above mentioned right of control by the State may be delegated to the autonomous region and adat Law Communities, if deemed necessary and not being in conflict with the National interest in accordance with the provisions of Government Regulation.”

– Article 4 [1]: “Based on the State’s right of control as it is meant in Article 2, several kinds of rights are determined concerning the surface of the earth, which is called land which may be granted to and owned by persons and by Corporations.”

– Article 5: “The Agrarian law which applies to the earth, water and air space is Adat Law as far as it is not in conflict with the National and State’s interests based on the unity of the Nation, and with Indonesian Socialism as well as with the regulations stipulated in this Act and with other legislative regulations, all with due regard to the elements based on the Religious Law.”

– Article 7 specifies that excessive ownership and control of land are not permitted.

– Article 9 [2] states that “Every Indonesian citizen, man or woman has equal opportunity to obtain a certain right on land to acquire its benefits and yields thereof for himself/herself as well as his/her family.”

– Article 12 [2] states that the State in cooperation with other parties can establish joint undertakings in the agrarian field.

– Article 20 states that the right of ownership is a hereditary right and may be transferred to another person.

– Article 21 [1] states that only Indonesian citizens have the right to ownership.

– Article 21 [2] states that the Government may determine Corporations which may posses the right of ownership and its requirements.

– Article 28 [1]: “The right of exploitation is the right to cultivate the land which is directly controlled by the State for a period of time as stipulated in Article 29 for enterprises in the field of agriculture, fishery or cattle breeding.” The right of exploitation may only be granted on land of an area of at least 5 hectares. Such right may go over and be transferred to another party.

– Article 29 states that the right of exploitation may be granted for a period no longer than 25 years.

– Article 35 states the right of buildings is the right to build and to own buildings on land which is not one’s property for a period of not longer than 30 years.

– Article 35 [3] provides that the right of building may be transferred to another party.

– Article 26 specifies that only Indonesian citizens and corporate bodies established under Indonesian law may posses the right of building..

– Article 41 states that the right to use is the right to use and/or to collect produce from land directly controlled by the state or land owned by another individual who provides the holder with powers and obligations as determined in the relevant right-granting decree.

– Article 41 [2] states that the right of use can be granted for a definite term or for as long as the land is used for a specific purpose or for free, for a certain payment, or for any kind of service.

– Article 42 grants the right to use to Indonesian citizens, foreign citizens residing in Indonesia, corporations established according to Indonesian Law, and foreign corporations with a representation in Indonesia.

– Article 44 [1]: “A person or a corporation has the right to lease land, if he is entitled to utilize land owned by another for the purpose of building, by paying to its owner an amount of money as rent.” (17)

Government Regulation N. 24 on Land Registration, 1997:
– Article 2 states that land registration shall be implemented on the basis of: simplicity, safety, affordability, currency, and transparency.

– Article 4 provides that the holder of a right be given a land-right certificate to be guaranteed legal certainties and legal protection.

– Article 5 states that land registration is to be organized by the Badan Pertanahan Nasional or National Land Agency.

– Article 31 [1]: “A certificate shall be issued upon request of the relevant right holder on the basis of the physical data and juridical data which have been recorded in a buku tanah” or land book.

– Article 31 [5] states that in the case of a land right or apartment ownership right jointly owned by a number of individuals, one certificate shall be issued and for each joint right holders; the certificate shall list the names of the joint right holders with the respective portions of the joint right in question (17).

Act relative to underwriting the right on land including objects relating to land, 1996: 
– Regulates the underwriting of land, with or without other objects constituting one unit with said land, in relation with the settlement of debts.

– Article 4 states that the rights on land which can be imposed with an underwriting right are property rights, undertaking rights and building rights (27).

POLICIES/INSTITUTIONAL MECHANISMS ENFORCING OR PREVENTING WOMEN’S LAND RIGHTS

– The Office of the Minister of State for the Role of Women (MRW) was set up in 1978 with the following functions: i. to formulate policies for the enhancement of the role of women in development; ii. to coordinate all activities related to women in development programmes in various government agencies; and iii. to submit reports and recommendations on matters concerning women in development to the President.

The MRW acts as the coordinating agency for the implementation of the enhancement of the role of women within sectoral departments. Management teams for the Advancement of Women have been set up in 27 provinces (19).

– The 2000 Presidential Decree on Gender Mainstreaming positions the State Ministry for Women’s Empowerment (SMWE) as the Government’s principal advocate for gender equality and provider of technical leadership in gender mainstreaming.

SMWE directs all government ministries and agencies at the national and local levels to adopt a gender mainstreaming strategy in the planning, implementation, and monitoring of development policies and programs. In 2002, SMWE published the Guidelines for the Implementation of Gender Mainstreaming in National Development (8).

– In 2001, the national Parliament adopted the Resolution of the People’s Consultative Assembly No. IX/2001 stating that gender equity principles should be followed in all policies regarding agrarian reforms and resource management “to materialize a fair justice including the equality of genders in the control, ownership, usage, exploitation, and maintenance of the agrarian/natural resources” (8).

– Law No. 39 on Human Rights of 1999, Article 17 guarantees women effective protection against any act of discrimination through national tribunals and other public institutions (11).

– The government has taken various measures to combat sexual stereotypes and gender-based discrimination, including:
i. Advocating among community leaders, in particular religious leaders, traditional leaders, mass media and youth organizations, to enhance their understanding and support for gender equality and justice.
ii.. Establishing additional and strengthening existing women/gender study centres to provide inputs and recommendations for the formulation of policies and programmes at local and national levels. The number of centres increased from 70 in 1995 to 111 in 2003, covering all 32 provinces.
iii. Undertaking the annual publication of provincial gender profiles since 2000 (11).

International treaties and conventions

CEDAW: CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (ADOPTED ON 18/12/1979). RELEVANT ARTICLES: 2, 4, 14 AND 16.

Signed 29 July 1980.
Ratified 13 September 1984.

– Reservation to Article 29 [1] (20).

CEDAW-OP: OPTIONAL PROTOCOL TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (ADOPTED ON 06/10/1999).

Signed 28 February 2000.

ICESCR: INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ADOPTED ON 16/12/1966). RELEVANT ARTICLES: 2(2), 3 AND 11(1).

Accessed 23 February 2006.

ICCPR: INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ADOPTED ON 16/12/1966). RELEVANT ARTICLES: 2(1), 3, 14, 16 AND 23(4).

Accessed 23 February 2006.

OTHER INTERNATIONAL REGULATIONS

Declaration on Indigenous People
Voted in favour, as member of the UN Assembly, 13 September 2007.

ICERD
International Convention on the Elimination of all Forms of Racial Discrimination
Accessed 25 June 1999.

Customary law

CUSTOMARY NORMS, RELIGIOUS BELIEFS AND SOCIAL PRACTICES THAT INFLUENCE GENDER-DIFFERENTIATED LAND RIGHTS

– In most families, even though the man is customarily the head of the household, decisions related to marital property are taken by consensus of both spouses. Husbands and wives usually consult with one another before making major decisions on what to do with their separate property.

Both spouses generally participate in or are aware of farming operations on their land. In small landowning families, both husband and wife tend to work on the land together and there are generally no social restrictions that prohibit Muslim women from leaving their homes to work in the fields. In large landowning families, usually neither the husband nor the wife work in the fields directly; rather, they hires labourers. Most women, even if they themselves do not supervise the field labourers, are aware of when the land is cultivated and of the finances related to the family’s farming operations.

There is no custom regarding whether a married couple lives closer to the wife or husband’s family, although parents tend to be emotionally closer to daughters and that daughters tend to live closer to their parents. Despite the fact that children often live in different villages from their parents, this does not prevent either sons or daughters from inheriting land (14).

TRADITIONAL AUTHORITIES AND CUSTOMARY INSTITUTIONS

– Each community has different kinds of rule and structure. In general, the damang or adat leaders are responsible for resolving adat disputes across their Kecamatan, or subdistrict, by means of conciliation and/or arbitration according to adat law. However, their role is mostly confined to small land boundary disputes, sanctioning marriages, dealing with property distribution in the case of divorce and the occasional minor dispute. There are no restrictions on women becoming adat leaders (21).

In Dayak’s communities, the community leader serves for all purposes of community’s needs. He is responsible for community’s lands, maintaining order and other needs. In contrast, in the Balinese community, each role is served by different person (21).

– The adat council formulates and enforces adat norms in line with the development of the community. The adat council head and adat elders who sit in the council are chosen based on their knowledge on adat norms, their authority and position and reputation. In some communities, the role of the adat council is recognized only in the area of conflict resolution and in solving problems related to the breach of adat rules.

Women’s presence and role in adat councils varies across groups. For instance, among the Toro people, in the central Sulawesi Province, women are active in the adat council; they have significant voice in cases of violation of adat rules, especially the breach of norms on morality. In contrast, among the Kalora people who reside in the same area, women are almost absent from traditional institutions (23).

Act No. 22 of 1999 concerning Local Government provides for the restoration of adat communities and institutions. Under the act, adat communities can restore their adat norms and values, including those related to the tenure and use of land and natural resources (23).

– The village head is also often called into resolving land disputes by means of arbitration and mediation (22). In cases where the village head and the traditional leader co-exist. The village head deals with administrative and developmental matters, whereas the traditional leader deals with sociocultural problems, as it happens in the Benung community, in the Damai subdistrict (23).

– In West Sumatra, according to Minangkabau adat, the bundo kanduang, a senior respected woman in the family, occupies a central place in the social structure. Traditionally, there was one bundo kanduang in each Minangkabau house or clan. She was the administrator of the extended family and played an important role in mediating conflict resolution in the community. The role of the bundo kanduang was greatly reduced in time. In the post decentralization era, started in 1999, the local people and authorities of West Sumatra have attempted to revive, even formalize, the role of the bundo kanduang. District regulations provide, in particular, that bundo kanduang should be appointed to the newly constituted Nagari legislative bodies at the village level, which typically consist of ninik mamak or male family elders, alim ulama or religious leaders, candiak pandai or intellectuals, bundo kanduang, and representatives of families and youth groups (8).

INHERITANCE/SUCCESSION DE FACTO PRACTICES

– Most families, even Muslim ones, follow traditional Javanese inheritance customs which grant all children equal shares of a deceased parent’s property.

The fact that children often live in different villages from their parents does not prevent either sons or daughters from inheriting land. Sons and daughters who inherit land in a distant location either loan the land to a sibling to work in exchange for a portion of the proceeds, or sell the land to a relative or third party. Furthermore, they often use the proceeds from the sale to purchase land in the village in which they currently live.

It is quite common for children to receive portions of their parents’ property as a gift while the parents are still living. When deciding how to divide inherited property, families generally take into account any gifts made during life. Some such gifts are formal and the land is registered in the names of the children, while other grants are based upon informal recognition within the family, especially on land that is unregistered. When a child is granted part of his or her parents’ land whether both parents are living or one is deceased, the child usually still considers the land to belong to the parents.

Under customary practice, a surviving spouse generally inherits all marital property and separate property if the couple’s children are still young. If the children are adults and the surviving spouse is elderly, all of the property will usually pass directly to the children. If the property passes to the children while one parent is still alive, the children are responsible for caring for their surviving parent (14).

DISCREPANCIES/GAPS BETWEEN STATUTORY AND CUSTOMARY LAWS

  • According to the 1960 Basic Agrarian Act No.5 on land regulation, there is no discrimination between men and women in land-ownership. However, in practice, women’s rights for landowning are limited compared to their male counterparts (24).
  • Despite the fact that Article 35 of the 1974 Marriage law formally adopts the concept of joint ownership of property purchased during marriage or marital property, only few parcels of land are registered in the joint name of husband and wife. It is customary for the husband to register marital property in his name because he usually attend to paperwork related to land (8).
  • Although the Islamic law provides that sons receive a bigger share of inheritance, customary Javanese practices allow women to inherit equally with sons (24).

Land tenure and related Institutions

PREVAILING LAND TENURE SYSTEMS

– There are two categories of land rights:

  • i. Certified land, the title to which is governed by the 1960 Basic Agrarian Act and is registered at the local land office.
  • ii. Adat land, customary land. All rights held under this category will eventually be converted into certified titles (25).

– On certified land, the following tenures are established under Article 16 of the Basic Agrarian Act:

  • i. The right of ownership or hak milik refers to absolute ownership of land. This right can only be held by citizens, but the Government may determine which legal entities may hold this right subject to which restrictions. Hak milik is held in perpetuity and can be sold, transferred, inherited and hypothecated.
  • ii. The right of exploitation/cultivation or hak guna usaha is the right to work on state-owned land for a period of up to 25 years on a land area of at least five hectares. Hak guna usahai is granted only to citizens and approved certified bodies. The certificate can be mortgaged.
  • iii. The right of use buildings or hak guna bangunan is the right to establish and possess structures on land that is owned by another party for a period of 30 years at the most. This right cannot be registered at the land office and cannot be mortgaged, but may be trasferred. Only citizens and corporate bodies established under the law and domiciles in the country may be granted this right.
  • iv. The right of use or hak pakai is the right to use, and/or to collect produce from land directly controlled by the state or land owned by another individual who provides the holder with powers and obligations. The right of use can be granted for a specific purpose for a definite period or occasionally for an indefinite period of time. This right cannot be sold, exchanged or transferred unless explicitly provided in its grant or agreement. It may be held by citizens but also by foreigners residing in the country.
  • v. The right of lease  or hak sewa is the right to use land owned by another person for building purposes, upon payment of a rent. A hak sewa may owned by citizens, foreigners, corporate bodies and foreign corporate bodies.
  • vi. The right to clear land  or hak membuka tanah and the right to collect forest produce  or hak memungut-hasil-hutani are land rights under adat law and can be acquired only bu citizens. These rights are regulated by government provisions and do not necessarily lead to acquiring a right of ownership tp the land in question (12).

– Customary tenure systems are acknowledged under Article 5 of the Basic Agrarian Act provided that they are not in contrast with “national interests”. The local community has the right to dispose of land that belongs to it and manage it with its local legal practices. However, the state has the right to dispose of land when it is needed for developmental purposes (17).

The customary right to land covers community rights to allocate land, approve land transfers, control land use and settle land disputes within certain areas. Adat communities are communities that live in accordance with the tradition of their ancestors in a specific adat region, possessing rights over that land as well as its natural resources, living a socio-cultural life controlled by adat law and possessing an adapt institution which sustains the community’s life (18).

Customary land ownership is diverse across the country because of the cultural differences of the people who live in different islands. Some groups are likely to have private ownership, while others have communal ownership of land.

For instance, in adat communities outside Java Island, land was acquired communally and held as communal possession. Ownership is based on genealogical or on territorial relationships formalised by unwritten law (18).

Among the Benung community, in the West Kutai district, control of land is both individual, as in farming, and collective, such as for primary forest, forest reserves, and the area around the longhouse. Land control is either by opening the forest for agriculture, inheritance, selling-buying transactions, or forfeited in an adapt conflict resolution (23).

Toro people recognize two categories of land and forest ownership: collective or communal and individual. Collective ownership by the adat community applies to some categories of forest such as wana ngkiki, wana, and pangale, including natural resources available or contained in those areas. Areas with collective ownership are not alienable, especially to foreigners, meaning people from outside the Toro community. Individual rights develop or exist when a member of the ngata continuously cultivates part of pahawa kongko, oma, or balingkae. Transfer of such land, especially to foreigners, can only be done with the consent of the adat council (23).

– In 1999, the State Minister for Agrarian Affairs/Head of the National Land Agency Regulation No. 5 was enacted to instruct district level governments on how to deal with adat rights claims (18). Under the Regulation, customary rights can be converted into individual rights, upon registration with the Tax on Land and Building Office, or Pajak Bumi dan Bandnam or Land Office (26).

NATIONAL AND LOCAL INSTITUTIONS ENFORCING LAND REGULATIONS

– The Regional Government regulate the reservation, appropriation and use of the earth, water and airspace for the country’s regions, as provided for by Article 14[e] of the 1960 Basic Agrarian Act (17).

Regional Governments’ functions include: issuance of location permit, provision of land for public interest, resolution of land disputes, resolution of compensation for land allocated for development, land redistribution, determination and resolution of adat customary land issues (18).

– Disputes over land may dealt by:

  • i. The courts where the parties involved resove to submit the case to the public court.
  • ii. The National Land Agency and its local offices, the Province Land Office and the Regency/Municipal Land Office, which mainly deal with cases of land status, land ownership, acquirement evidence.
  • iii. The regional Governments that act as mediators in disputes over customary land rights based on Regulation no. 5 of 1999 of the State Minister of Agrarian Affairs/Head of the National Land Agency (18).

LAND ADMINISTRATION INSTITUTIONS AND QUOTA OF WOMEN

– The National Land Agency, or Badan Pertanahan Nasional (BPN), is responsible for land administration. BPN is a governmental agency that reports to the Office of the President. BPN’s mandate is to “assist the President in developing and managing land administration, based on the Basic Agrarian Law and other related laws and regulations that include regulating land use , land holding and land ownership, land titling services, land surveying and land registration and other activities related to land issues based on the Presiden’s policy”.

  • The Land Office is and operating unit of the BPN at the local level with duties to register land rights and to maintain public registers of land registration data (17). At present, there are 38 regency and municipality land offices and 15 provincial land administration offices (12).
  • The Pejabat Pembuta Akta Tanah (PPAT) are in charge of executing deeds for transaction on land located in their areas. PPATs are privately managed offices authorizes by the National Land Agency to handle land acquisition matters(25).
  • The Tax on Land and Buildind Office or Pajak Bumi dan Bangunam is responsible for the preparation and maintenance of village maps, estimation of agricultural produce and determination of land tax (13).

FUNDING PROVISIONS TO GUARANTEE WOMEN’S LAND TRANSACTIONS

N/A

OTHER FACTORS INFLUENCING GENDER DIFFERENTIATED LAND RIGHTS

– A low number of households opt for the joint titling of land ownership certificates, thus rendering the male head of household the only official proprietor of the entire marital property. This is due primarily to a lack of institutional capacity with regards to support provided by registration officials, as well as to a lack of information concerning ownership rights and joint titling opportunities for women (8). Women’s lack of awareness of the opportunity for joint titling also contributes to the low incidence of joint titling to marital land/property (8).
Furthermore, many couples and officials do not think it matters in whose name the land is registered because the marital property rights of both spouses are recognized and respected, regardless of how the land is registered and property purchased during marriage is commonly considered as owned by both spouses (14).

– Women have limited opportunities for training because, customarily, only male heads of households are invited to attend training sessions (10).

– Traditionally, married women are not expected to earn an income from individual business activities. Furthermore, tax regulations do not allow married women to be given a separate tax number, requiring them to use the husband’s, and article 108 of the Civil Code impedes married women from entering into contracts on their own behalf by requiring that husbands, by their presence or permission, assist women in formalizing contracts. As a consequence, married women find it difficult to engage in formal financial activities such as opening a checking account which could facilitate application for credit (8).

– Due to the fact that often couples marry in secret or do not register the marriage, wives in polygamous marriages do not have the rights to claim a share of marital property upon divorce, as provided for by the Compilation of Islamic Law which states that each legally recognized wife has an equal right to property that was acquired during marriage (14).

– Women face difficulties in accessing agricultural extension services through village cooperative associations because, in most cases, members of such associations are to be householders, while almost of women’s properties such as land and houses are under their husbands’ names (24).

Civil society organizations

CIVIL SOCIETY AND INDIGENOUS PEOPLE’S ORGANIZATIONS ADVOCATING FOR EQUALITY OF LAND RIGHTS

– The Family Welfare Movement (PKK), officially recognized as a national movement in 1975, is a voluntary movement, consisting mainly of women, which focuses on development primarily at the village neighbourhoods’ level. Around 2 million PKK volunteers are actively involved in village development programmes in more than 66 000 villages (27).

– A number of semi-governmental organizations, such as Indonesian Women’s Congress, which has 75 women’s organization members, the Provincial Women’s Council, and the District Women’s Council support the implementation of health care, education, political and economic participation programmes for women (24).

– The Indonesian Alliance of Adat Communities (AMAN), founded in 1999, is an independent organization whose membership consists of the various Indigenous Peoples’ communities throughout Indonesia. One of its main objectives is to revive adapt communities’ right to manage their own socioeconomic, legal, and cultural systems, including control over their land and natural resources as well as other livelihoods, through the promotion of appropriate government Acts (23).

LOCAL DECISION-MAKING ORGANIZATIONS AND WOMEN’S REPRESENTATION IN THEM

– The Village Community Resilience Body (LKMD) is responsible for facilitating community participation in the planning and implementation of local development activities (27).

– The Village Representative Council or Badan Perwakilan Desa, the members of which are chosen from and by the community, have authorities or powers to formulate village regulations together with the village head, under the provisions of Act No. 22 of 1999 (23).

LEGAL INFORMATION AND TRAINING ON LAND RIGHTS

N/A

Selected Land Related Statistics

TOTAL NUMBER OF HOLDERS

20 331 746 [1993] (28)

WOMEN HOLDERS

1 790 741 [1993] (28)

NUMBER OF HOLDINGS UNDER CO-OWNERSHIP

N/A

COMMON PROPERTY

N/A

NUMBER OF RURAL HOUSEHOLDS HEADED BY WOMEN

N/A

GINI CONCENTRATION INDEX

0.46 [1993] (27)

 

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Acronyms

  • ADB                         Asian Development Bank
  • AMAN                    Indonesian Alliance of Adat Communities
  • BAL                         Basic Agrarian Law
  • BPN                         Badan Pertanahan Nasional
  • CEDAW                  Convention on the Elimination of all Forms of Discrimination Against Women
  • CEDAW-OP           Optional Protocol to the Convention on the Elimination of all Forms of Discrimination Against Women
  • FAO                         Food and Agriculture Organization of the United Nations
  • GDP                         Gross Domestic Product
  • HDI                         Human Development Index
  • ICCPR                      International Covenant on Civil and Political Rights
  • ICERD                     International Convention on the Elimination of all Forms of Racial Discrimination
  • ICESCR                    International Covenant on Economic, Social and Cultural Rights
  • IFAD                        International Fund for Agricultural Development
  • ILO                          International Labour Organization
  • LKMD                      Village Community Resilience Body
  • MRW                       Minister of State for the Role of Women
  • NGO                        Non-governmental organization
  • PKK                         Family Welfare Movement
  • PPAT                        Land Deed Official
  • SMWE                     State Ministry for Women’s Empowerment
  • UNDP                      United Nations Development Programme
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LIFE IN JAVA: With Sketches of the Javanese

January 13, 2012 Leave a comment

Life in Java: with sketches of the Javanese (1864)

Popular passages

Page vii – What a large volume of adventures may be grasped within this little span of life, by him who interests his heart in every thing, and who, having eyes to see what time and chance are perpetually holding out to him as he journeyeth on his way, misses nothing he can fairly lay his hands on…‎

Appears in 99 books from 1802-2008

Page 23 – The toyah is more humane in its construction. Its shape is that of a pitchfork with blunted points, and it is used for the purpose of stopping the runaway by bringing him down on his knees. No native is allowed to walk in any town or village of Java after seven in the evening without a light. Some carry…‎

Appears in 6 books from 1844-1999

Page 169 – … a variety of cakes exhaling incongruous smells ; strips of calico and silk ; coins of silver, gold, and copper ; besides numerous other objects. After some minutes spent in prayer, the people going through all the external forms prescribed by their creed, which often constitute the whole extent of their knowledge of it, each priest dipped his goupillon into the basket of water, which he took into his left hand, and , muttering some words, sprinkled the offerings as they were brought to him. All…‎

Appears in 6 books from 1844-1907

Page 168 – The sacerdotal dress consisted of a white gown, over sarongs of batek, which were tied to the waist by broad red belts. Over the shoulders hung two bands of yellow silk bound with scarlet, with tassels and coins hanging from the ends. Round the head was a large turban, ornamented with gaudy silk scarves. Before each priest were small packets of plantain leaves, containing incense, chips of sandal-wood, and other preparations ; wooden censers, from which arose clouds of aromatic perfumes ; and a basket…‎

Appears in 6 books from 1844-1928

Page 170 – Forward^ forward, to the Bromok ! ‘ This was the signal anxiously expected. The mass of human beings now made a tremendous rush for the volcano, the first who succeeded in gaining the ridge believing himself favored by fortune, and certain of future good luck. The various families and individuals then handed their offerings to the priests, who again mumbled a few words over them, after which their owners hurled them down the crater, repeating, as they did so, some prayer or wish.‎

Appears in 6 books from 1844-1907

Page 22 – Jtvmkum) and the toyah. The first of these is ” a short pole, about four feet in length, upon the top of which are tied two pieces of wood, so placed as to meet in an acute angle, and open towards the ends, like the distended jaws of an alligator ; the resemblance being made greater by the addition of dried stems of sharp thorns, tied on the two pieces of wood, and looking somewhat like rows of teeth.‎

Appears in 6 books from 1844-1999

Page 311 – The picture of the bridesmaid is not fascinating. ‘ On the left side of the girl sat an old haggard-looking woman, the waksie, or bridesmaid, on whose shoulders, according to the wedding etiquette of the Javanese, rests no small share of responsibility. Before the marriage is arranged, she acts as a go-between, to settle matters for all parties, though it does not always follow that she becomes the bridesmaid on the occasion ; but as the natives have a superstitious belief that ill-luck will surely…‎

Appears in 6 books from 1844-1907

Page 34 – … perhaps two perches long. Where the gate should have been, a big tablet was set in, and over that, on a spike, a skull, grinning through a coat of cement. The tablet ran in eighteenth-century Dutch, about like this: — BY REASON OF THE DETESTABLE MEMORY OF THE CONVICTED TRAITOR, PIETER ERBERVELD, No ONE SHALL BE PERMITTED TO BUILD IN WOOD OR STONE OR TO PLANT ANYTHING UPON THIS GROUND, FROM Now TILL JUDGMENT DAY. BATAVIA, APRIL 14, ANNO 1772. You’ll find the story in any book: the chap was a…‎

Appears in 6 books from 1864-1932

Page 167 – At a short distance from the principal hut ‘ were twenty mats placed on the Sand Sea, on each of which knelt a young priest, having before him a box of myrrh, aloes, frankincense, and other spices which are sold for offerings. At right angles with this row of mats was another row, with the same number of priests, all kneeling in the Arab fashion, their bodies partly resting on the calves of their legs The sacerdotal dress consisted of a white gown, over sarongs of batek, which were tied to the waist…‎

Appears in 10 books from 1844-1907

Page 312 – … pinding. Her face, neck, shoulders, and arms were dyed yellow — a disfigurement which concealed her blushes, but did not enhance her beauty. A coronet of beads and flowers completed her costume. The bridegroom was also yellow – washed, and naked to the waist. Round his waist his sarong was fastened ” by a bright silk scarf, through the folds of which glittered the gilt hilt of a kriss.‎

Appears in 5 books from 1844-1907

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Author: D’Almeida, W. Barrington (William Barrington)
Volume: 2
Subject: Java (Indonesia) — Description and travel
Publisher: London : Hurst and Blackett
Language: English

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