ADAT COMMUNITY LANDS RIGHT AS DEFINED WITHIN THE STATE AGRARIAN LAW OF INDONESIA:
IS IT A GENUINE OR PSEUDO-LEGAL RECOGNITION?
I Nyoman Nurjaya *
Paper presented at the 16th. International Congress of the Commission on Legal Pluralism jointly organized by The Commission on Legal Pluralism and Department of Social and Cultural Anthropology University of Zurich on 31 August to 3 September, 2009 at University of Zurich, Switzerland.
In the last more than three decades it could be observed that cases of law on agrarian resources tenure and management have been increasing in accordance with the implementation of national development in various sectors namely industry, agro-industry, transportation, transmigration, settlement and real-estate, as well as commerce and tourism industry (Harman, 1995; Suhendar & Kasim, 1996; Bachriadi, 1998; Benedanto, 1999; Araf & Puryadi, 2002; Abdurachman, 2004; Bakri, 2007; Sumardjono, 2008).
Conflicts over agrarian resources ownership and use are primarily caused by differentiation both interest of agrarian resources tenure and management, as well as differential perception to deal with agrarian law between government and the local people (Moniaga, 1991; Peluso, 1992; Tjitradjaja, 1993; Bachriadi et.al., 1997: Wiradi, 2000; Sumardjono, 2008). In this sense, the government tends to enforce State law and regulations to order and control agrarian resources in the name of national development, and on the other side the local people namely adat communities employs their own customary law which is called adat law (hukum adat) to control and manage their agrarian resources in the territories they depend on.
This paper attempts to examine legal position and the recognition of adat law of the local communities in the region of Indonesia within the State agrarian law and its capacity in the country. In order to meet other atmosphere in analyzing such law issue I shall approach the legal issue of interaction between State agrarian law and the customary law by using legal anthropology point of view.
*Professor of Law at Faculty of Law Brawijaya University, Indonesia (firstname.lastname@example.org)