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All Journal MANAJEMEN HUTAN TROPIKA Journal of Tropical Forest Management
Takahiro Fujiwara
Faculty of Agriculture, Kyushu University, 744 Motooka Nishiku Fukuoka, Japan 819-0395
Agriculture, Biological Sciences & Forestry

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Another Law in Indonesia: Customary Land Tenure System Coexisting with State Order in Mutis Forest Imam Budiman; Takahiro Fujiwara; Noriko Sato; Dani Pamungkas
Jurnal Manajemen Hutan Tropika Vol. 26 No. 3 (2020)
Publisher : Institut Pertanian Bogor (IPB University)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7226/jtfm.26.3.244

Abstract

Local wisdom has been coexisting with the state system in several places in Indonesia. The Mountain Mutis Nature Reserve in East Nusa Tenggara province is the strict nature reserves, but a customary land tenure system, called suf, exists so far in the nature reserve. The objectives of this study are (1) to organize the historical territorialization process, (2) to clarify the customary land tenure system and activities for livelihoods by local people, and (3) to discuss the challenges of its land tenure system to manage forests sustainably as well as policy methods to harmonize legal pluralism in Mutis Area. Field observation and in-depth interviews with key informants were employed for data collection, and the collected data were analyzed by a qualitative descriptive method. The findings showed the traditional reward and punishment systems regarding extracting non-timber forest products, grazing livestock, and preventing forest fires were working well for sustainable forest management. However, increased pressure on forests due to future population growth appears to have an impact on the traditional system. It also showed the government officers and local people started some discussions to recognize the suf in the formal legal order. However, there were institutional problems to introduce current state systems. Therefore, it is required to flexibly operate or revise the state laws according to the actual situation to harmonize society between state and people.
Customary Forest Managements and Its Challenges in East Nusa Tenggara, Indonesia: An Implication of Constitutional Court Decision 2012 Imam Budiman; Takahiro Fujiwara; Kazuhiko Harada; Noriko Sato
Jurnal Manajemen Hutan Tropika Vol. 27 No. 2 (2021)
Publisher : Institut Pertanian Bogor (IPB University)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7226/jtfm.27.2.69

Abstract

Customary forests have not been adequately recognized in state forest management in Indonesia for a long time. However, in the last decades, several fundamental policy changes occurred, and the roles of local communities significantly recognized in forest management. The forest tenure reforms for customary communities are actively addressed after the Constitutional Court Decision (CCD) Number 35 in 2012. The objectives of this study are (1) to determine the changes in customary forest management in response to the CCD and (2) to discuss policy challenges after the CCD in East Nusa Tenggara Province. This study employed qualitative descriptive analysis methods. The result showed the different responses of customary communities related to the institutional development towards CCD. The lack of local regulations regarding customary peoples' rights still need to be solved. Besides, the claims of customary communities for customary forests overlapping with state conservation areas and other customary forests can make the problem more complicated.
Co-Authors Dani Pamungkas Imam Budiman Kazuhiko Harada Noriko Sato