'Hak ulayat'<\/p>\n
In my comments on the sale of oil palm plantations to Kumpulan
\nGuthrie Bhd (The Guthrie deal: Land laundering, published in The
\nJakarta Post on March 21, 2001), I made a reference to the
\ncommunal land rights of traditional communities and mentioned
\nthat such rights were \"generally known as hak ulayat. This phrase
\nwas reproduced by The Jakarta Post as \"generally known as hak
\nrakyat\".<\/p>\n
Whereas hak rakyat is a very loose and informal concept, hak
\nulayat is a term recognized by formal law. The word ulayat,
\nderived from the Arabic word wilayah, originally only indicated
\nthe system of communal land rights found within the Minang
\nculture of West Sumatra. However, it has become a general term to
\ncapture all types of traditional land administration system. The
\nmain characteristic of these systems is that the bond between the
\ncommunity and the ulayat land is permanent. The land may be used
\nby members of the community, subject to specific rules, but it
\nmay not be given or sold to outsiders. Outsiders are allowed to
\nuse the land only after obtaining explicit permission.<\/p>\n
Until a few years ago, the official government standpoint (as
\npresented by the National Land Agency, BPN) was that hak ulayat
\nwas a thing of the past and no longer existed. As a result, the
\nministries of forestry, mining and transmigration, for example,
\ncould designate \"unoccupied\" land for concessions and projects
\nwithout having to consider whether they were trespassing on the
\nancestral domain of a particular community.<\/p>\n
The principle of ulayat, however, is still alive and well and
\ncan be found in many areas from Irian Jaya and East Nusa Tenggara
\nto Kalimantan and Sumatra. There is, however, a general tendency
\ntoward individualization of land rights as outside influences and
\nthe need for individual bank credits become part of the local
\neconomy. In areas such as Aceh, West Java and Bali, for example,
\ncommunal land rights had already disappeared by the beginning of
\nthe 20th century.<\/p>\n
The government has now also acknowledged the existence of
\nulayat land through a regulation of the Minister for Agrarian
\nAffairs\/head of the National Land Agency, No 5\/1999, which
\nprovides some initial guidelines on identifying and protecting
\nthe lands of traditional communities. Much more must be done,
\nhowever, to confirm the authority of these communities (i.e. the
\nentire community, not just their leaders) and so strengthen their
\nposition in negotiations with government agencies and private
\ninvestors.<\/p>\n
PIETER J. EVERS<\/p>\n
Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/hak-ulayat-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }