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Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini Dec 2016

Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini

Indonesia Law Review

Land utilization for investment in local areas raises various land related problems that ends with conflicts within the community. A conflict that occurs, usually begins with the management of communal land “tanah ulayat” within the adat law community environment, and in this case, land utilization that is managed by the third party (investors). The basic problem is the difference of perception and expectations toward the company that exists in the land which is claimed by the community. Both parties have their own claim on the land based on each legal systems, in this situation adat law or local law faced …


Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014), Siti Rakhma Mary Herwati, Yanuar Sumarlan Apr 2016

Peasants’ Land Rights Claims Over Plantation Companies’ Sites In Central Java, Indonesia (1998-2014), Siti Rakhma Mary Herwati, Yanuar Sumarlan

Indonesia Law Review

This article reveals the opening of political and legal opportunities for the landless peasants of Central Java at the end of the 1990s to reclaim their lands that were confiscated during the end of the 1950s through a nationalization program to take over Dutch-controlled lands. Taking two sites of plantations that have been targeted as the peasantries’ land reclaiming campaign, this article shows the processes of the reclaiming, the responses of both plantation companies and state, and the respect of the state over rights to access to lands or property rights of the peasants as citizens. Using some legal and …